SB1,20,66 103.10 (1) (em) “Medical isolation” means any of the following:
SB1,20,107 1. When a health care professional, a local health officer, or the department of
8health services advises that an individual seclude herself or himself from others
9when the individual is awaiting the result of a diagnostic test for a communicable
10disease or when the individual is infected with a communicable disease.
SB1,20,1211 2. When a local health officer or the department of health services advises that
12an individual isolate or quarantine under s. 252.06.
SB1,20,1513 3. When an individual's employer advises that the individual not come to the
14workplace due to a concern that the individual may have been exposed to or infected
15with a communicable disease.
SB1,46 16Section 46. 103.10 (1) (gm) of the statutes is created to read:
SB1,20,1817 103.10 (1) (gm) “Sibling” means a brother, sister, half brother, half sister,
18stepbrother, or stepsister, whether by blood, marriage, or adoption.
SB1,47 19Section 47. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).
SB1,48 20Section 48. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).
SB1,49 21Section 49. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).
SB1,50 22Section 50. 103.10 (2) (c) of the statutes is amended to read:
SB1,20,2523 103.10 (2) (c) This section only applies to an employee who has been employed
24by the same employer for more than 52 consecutive weeks and who worked for the
25employer for at least 1,000 680 hours during the preceding 52-week period.
SB1,51
1Section 51. 103.10 (3) (a) of the statutes is repealed.
SB1,52 2Section 52. 103.10 (3) (b) 3. of the statutes is amended to read:
SB1,21,53 103.10 (3) (b) 3. To care for the employee's child, spouse, domestic partner, or
4parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, or
5parent, grandparent, grandchild, or sibling has a serious health condition.
SB1,53 6Section 53. 103.10 (3) (b) 4. of the statutes is created to read:
SB1,21,107 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the
8department by rule, arising out of the fact that the spouse, child, domestic partner,
9parent, grandparent, grandchild, or sibling of the employee is on covered active duty
10or has been notified of an impending call or order to covered active duty.
SB1,54 11Section 54. 103.10 (3) (b) 5. of the statutes is created to read:
SB1,21,1512 103.10 (3) (b) 5. Because there is an unforeseen or unexpected short-term gap
13in child care for the employee's child, grandchild, or sibling that the employee must
14fill. The department may define by rule “unforeseen or unexpected short-term gap
15in child care.”
SB1,55 16Section 55. 103.10 (3) (b) 6. of the statutes is created to read:
SB1,21,1917 103.10 (3) (b) 6. To care for the employee's child, spouse, domestic partner,
18parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner,
19parent, grandparent, grandchild, or sibling is in medical isolation.
SB1,56 20Section 56. 103.10 (3) (b) 7. of the statutes is created to read:
SB1,21,2321 103.10 (3) (b) 7. To address issues of the employee or the employee's child,
22spouse, domestic partner, parent, grandparent, grandchild, or sibling related to
23being the victim of domestic abuse, sexual abuse, or stalking.
SB1,57 24Section 57. 103.10 (4) (a) of the statutes is amended to read:
SB1,22,4
1103.10 (4) (a) Subject to pars. (b) and par. (c) and sub. (4m), an employee who
2is in medical isolation or has a serious health condition which makes the employee
3unable to perform his or her employment duties may take medical leave for the
4period during which he or she is unable to perform those duties.
SB1,58 5Section 58. 103.10 (4) (b) of the statutes is repealed.
SB1,59 6Section 59. 103.10 (4m) of the statutes is created to read:
SB1,22,97 103.10 (4m) Duration of leave. In a 12-month period, no employee may take
8more than 12 weeks of family leave for any combination of reasons specified under
9sub. (3) or (4).
SB1,60 10Section 60. 103.10 (6) (b) (intro.) of the statutes is amended to read:
SB1,22,1511 103.10 (6) (b) (intro.) If an employee intends to take family leave because of the
12planned medical treatment or supervision of a child, spouse, domestic partner, or
13parent, grandparent, grandchild, or sibling or intends to take medical leave because
14of the planned medical treatment or supervision of the employee, the employee shall
15do all of the following:
SB1,61 16Section 61. 103.10 (6) (b) 1. of the statutes is amended to read:
SB1,22,2017 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment
18or supervision so that it does not unduly disrupt the employer's operations, subject
19to the approval of the health care provider of the child, spouse, domestic partner,
20parent, grandparent, grandchild, sibling, or employee.
SB1,62 21Section 62. 103.10 (6) (c) of the statutes is created to read:
SB1,23,222 103.10 (6) (c) If the employee intends to take family leave under sub. (3) (b) 4.
23that is foreseeable because the spouse, child, domestic partner, parent, grandparent,
24grandchild, or sibling of the employee is on covered active duty or has been notified

1of an impending call or order to covered active duty, the employee shall provide notice
2of that intention to the employer in a reasonable and practicable manner.
SB1,63 3Section 63. 103.10 (7) (a) of the statutes is amended to read:
SB1,23,94 103.10 (7) (a) If an employee requests family leave for a reason described in sub.
5(3) (b) 3. or requests medical leave due to a serious health condition, the employer
6may require the employee to provide certification, as described in par. (b), issued by
7the health care provider or Christian Science practitioner of the child, spouse,
8domestic partner, parent, grandparent, grandchild, sibling, or employee, whichever
9is appropriate.
SB1,64 10Section 64. 103.10 (7) (b) (intro.) of the statutes is amended to read:
SB1,23,1211 103.10 (7) (b) (intro.) No employer may require certification under par. (a)
12stating more than the following:
SB1,65 13Section 65. 103.10 (7) (b) 1. of the statutes is amended to read:
SB1,23,1514 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent,
15grandchild, sibling,
or employee has a serious health condition.
SB1,66 16Section 66. 103.10 (7) (cm) of the statutes is created to read:
SB1,23,2017 103.10 (7) (cm) If an employee requests family leave for a reason described in
18sub. (3) (b) 3., the employer may require the employee to provide certification that
19the employee is responsible for the care of a child, spouse, domestic partner, parent,
20grandparent, grandchild, or sibling with a serious health condition.
SB1,67 21Section 67. 103.10 (7) (d) of the statutes is created to read:
SB1,24,322 103.10 (7) (d) If an employee requests family leave under sub. (3) (b) 4., the
23employer may require the employee to provide certification that the spouse, child,
24domestic partner, parent, grandparent, grandchild, or sibling of the employee is on
25covered active duty or has been notified of an impending call or order to covered

1active duty. The certification under this paragraph shall be issued at such time and
2in such manner as the department may prescribe by rule, and the employee shall
3provide a copy of that certification to the employer in a timely manner.
SB1,68 4Section 68. 103.10 (7) (e) of the statutes is created to read:
SB1,24,95 103.10 (7) (e) If an employee requests family leave under sub. (3) (b) 5., the
6employer may require the employee to provide certification that there is an
7unforeseen or unexpected short-term gap in child care, as defined in rule by the
8department, for the employee's child, grandchild, or sibling that the employee must
9fill. The department may prescribe by rule the form and content of the certification.
SB1,69 10Section 69. 103.10 (7) (f) of the statutes is created to read:
SB1,24,2011 103.10 (7) (f) 1. If an employee requests family leave under sub. (3) (b) 6., or
12medical leave due to medical isolation, the employer may require the employee to
13provide certification issued by a local public health official, the department of health
14services, or a health care provider or Christian Science practitioner of the child,
15spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee,
16whichever is appropriate, except that no employer may require certification under
17this paragraph if the sole reason for the medical isolation is due to the employer's
18request under sub. (1) (em) 3. No employer may require certification under this
19subdivision stating more than that the child, spouse, domestic partner, parent,
20grandparent, grandchild, sibling, or employee is in medical isolation.
SB1,24,2421 2. If an employee requests family leave under sub. (3) (b) 6., the employer may
22require the employee to provide certification that the employee is responsible for the
23care of a child, spouse, domestic partner, parent, grandparent, grandchild, sibling,
24or employee who is in medical isolation.
SB1,70 25Section 70. 103.10 (7) (g) of the statutes is created to read:
SB1,25,5
1103.10 (7) (g) If an employee requests family leave under sub. (3) (b) 7., the
2employer may require the employee to provide certification that the employee is
3addressing issues of the employee or the employee's child, spouse, domestic partner,
4parent, grandparent, grandchild, or sibling related to being the victim of domestic
5abuse, sexual abuse, or stalking.
SB1,71 6Section 71. 103.10 (10) of the statutes is amended to read:
SB1,25,127 103.10 (10) Alternative employment. Nothing in this section prohibits an
8employer and an employee with a serious health condition or in medical isolation
9from mutually agreeing to alternative employment for the employee while the
10serious health condition or medical isolation lasts. No period of alternative
11employment, with the same employer, reduces the employee's right to family leave
12or medical leave.
SB1,72 13Section 72. 103.10 (12) (b) of the statutes is amended to read:
SB1,25,2314 103.10 (12) (b) An employee who believes his or her employer has violated sub.
15(11) (a) or (b) may, within 30 300 days after the violation occurs or the employee
16should reasonably have known that the violation occurred, whichever is later, file a
17complaint with the department alleging the violation. Except as provided in s.
18230.45 (1m), the department shall investigate the complaint and shall attempt to
19resolve the complaint by conference, conciliation or persuasion. If the complaint is
20not resolved and the department finds probable cause to believe a violation has
21occurred, the department shall proceed with notice and a hearing on the complaint
22as provided in ch. 227. The hearing shall be held within 60 days after the department
23receives the complaint.
SB1,73 24Section 73. 103.10 (12) (c) of the statutes is amended to read:
SB1,26,7
1103.10 (12) (c) If 2 or more health care providers disagree about any of the
2information required to be certified under sub. (7) (b), the department may appoint
3another health care provider to examine the child, spouse, domestic partner, parent,
4grandparent, grandchild, sibling, or employee and render an opinion as soon as
5possible. The department shall promptly notify the employee and the employer of
6the appointment. The employer and the employee shall each pay 50 percent of the
7cost of the examination and opinion.
SB1,74 8Section 74. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
SB1,75 9Section 75. 103.10 (14) (b) of the statutes is repealed.
SB1,76 10Section 76 . 103.105 of the statutes is created to read:
SB1,26,12 11103.105 Family and medical leave benefits insurance program. (1)
12Definitions. In this section:
SB1,26,1513 (a) “Application year" means the 12-month period beginning on the first day
14of the first calendar week for which family or medical leave insurance benefits are
15claimed by a covered individual.
SB1,27,216 (b) “Average weekly earnings" means one-thirteenth of the wages paid to an
17employee during the last completed calendar quarter prior to the covered
18individual's date of eligibility for benefits under this section and includes all sick,
19holiday, vacation, and termination pay that is paid directly by an employer to an
20employee at the employee's usual rate of pay during his or her last completed
21calendar quarter as a result of employment for an employer and any total or partial
22disability payments under ch. 102 or a federal law that provides for payments on
23account of a work-related injury or illness. For self-employed individuals, “ average
24weekly earnings" means one fifty-second of the gross income reported as income to
25the federal internal revenue service in the most recent tax year in which the

1individual filed taxes prior to the individual's date of eligibility for benefits under this
2section.
SB1,27,73 (c) “Covered individual" means an employee who satisfies s. 103.10 (2) (c), a
4self-employed individual who elects coverage under sub. (2), or an employee of a
5small employer who elects coverage under sub. (2), regardless of whether the
6individual is employed or unemployed at the time the individual files an application
7for family or medical leave insurance benefits.
SB1,27,88 (d) “Employee" has the meaning given in s. 103.10 (1) (b).
SB1,27,99 (e) “Employer" has the meaning given in s. 103.10 (1) (c).
SB1,27,1210 (f) “Family leave" means an individual's leave from employment,
11self-employment, or availability for employment for a reason specified in s. 103.10
12(3) (b) 1. to 7. or 103.11 (4).
SB1,27,1413 (g) “Family or medical leave insurance benefits" means benefits payable under
14this section from the family and medical leave benefits insurance trust fund.
SB1,27,1615 (h) “Medical leave” means leave from employment, self-employment, or
16availability for employment for any of the reasons in s. 103.10 (4).
SB1,27,1917 (i) “Self-employed individual” means a sole proprietor, partner of a
18partnership, member of a limited liability company, or other individual engaged in
19a vocation, profession, or business for himself or herself and not for an employer.
SB1,27,2120 (j) “Small employer” means a person engaging in any activity, enterprise, or
21business in this state employing fewer than 50 individuals on a permanent basis.
SB1,27,2422 (k) “State annual median wage" means the median hourly wage for all
23occupations in this state in a calendar year, as determined by the bureau of labor
24statistics of the U.S. department of labor, multiplied by 2,080.
SB1,28,13
1(2) Election by self-employed individual or small employer. A
2self-employed individual or small employer may elect to be covered under this
3section by filing a written notice of election with the department in a form and
4manner prescribed by the department by rule. An initial election under this
5subsection becomes effective on the date on which the notice of election is filed, shall
6be for a period of not less than 3 years, and may be renewed for subsequent one-year
7periods by the filing of a written notice with the department that the self-employed
8individual or small employer intends to continue coverage under this section. A
9self-employed individual or small employer who elects coverage under this section
10may withdraw that election no earlier than 3 years after the date of the initial
11election or at such other times as the department may prescribe by rule by providing
12notice of that withdrawal to the department not less than 30 days before the
13expiration date of the election.
SB1,28,17 14(3) Eligibility for benefits. (a) Except as otherwise provided in sub. (6), a
15covered individual who is on family leave or medical leave is eligible to receive family
16or medical leave insurance benefits in the amount specified in sub. (4) and for the
17duration specified in sub. (5).
SB1,29,418 (b) To receive family or medical leave insurance benefits, a covered individual
19shall file a claim for those benefits within the time and in the manner that the
20department prescribes by rule. On receipt of a claim for family or medical leave
21insurance benefits, the department may request from the individual's employer or
22from the self-employed individual any information necessary for the department to
23determine the individual's eligibility for those benefits and the amount and duration
24of those benefits. The employer or self-employed individual shall provide that
25information to the department within the time and in the manner that the

1department prescribes by rule. If the department determines that a covered
2individual is eligible to receive family or medical leave insurance benefits, the
3department shall provide those benefits to the individual as provided in subs. (4) and
4(5).
SB1,29,7 5(4) Amount of benefits. Except as provided in sub. (6), the amount of family
6or medical leave insurance benefits payable for a week shall be based upon the
7covered individual's average weekly earnings, as follows:
SB1,29,118 (a) For the amount of the covered individual's average weekly earnings that are
9less than 50 percent of the state annual median wage in the calendar year before the
10covered individual's application year, 90 percent of the covered individual's average
11weekly earnings.
SB1,29,1512 (b) For the amount of the covered individual's average weekly earnings that are
13more than or equal to 50 percent of the state annual median wage in the calendar
14year before the covered individual's application year, 50 percent of the covered
15individual's average weekly earnings.
SB1,29,19 16(5) Duration of benefits. The maximum number of weeks for which family or
17medical leave insurance benefits are payable in an application year is 12 weeks. A
18covered individual may be paid family or medical leave insurance benefits
19continuously, or at the option of the covered individual, intermittently.
SB1,30,2 20(6) Employer exemption from participation in paid family and medical leave
21benefits insurance program.
(a) If an employer provides family and medical leave
22benefits that are identical to or more generous than benefits provided under this
23section, the employer may elect to not participate in the paid family and medical
24leave benefits insurance program under this section. If the department grants an
25exemption under this subsection, the employer shall pay benefits that are at least

1identical to benefits under this section, and an employee is entitled to be paid those
2benefits.
SB1,30,73 (b) An employer that elects to not participate in the paid family and medical
4leave benefits insurance program under this section shall request an exemption from
5the department in writing, in the manner prescribed by the department. An
6exemption from participation is not effective until approved by the department in
7writing.
SB1,30,108 (c) The department may grant a written exemption from participation to an
9employer who complies with this subsection and all rules promulgated by the
10department under par. (g).
SB1,30,1411 (d) The department may withdraw its written exemption order granted under
12par. (c) if the department determines that an employer is not providing paid family
13and medical leave benefits to employees that are at least identical to those provided
14under this section.
SB1,30,2415 (e) If an employee believes that his or her employer that has an exemption
16under this subsection has violated the employee's right to paid family and medical
17leave benefits identical to those provided under this section, the employee may file
18a complaint with the department alleging the violation, and the department shall
19process the complaint in the same manner as complaints filed under s. 103.10 (12)
20(b) are processed. If the department finds that an employer has violated this
21subsection, the department may order the employer to take action to remedy the
22violation, including providing the paid family and medical leave benefits, and,
23notwithstanding s. 814.04 (1), paying reasonable actual attorney fees to the
24employee.
SB1,31,5
1(f) After the completion of an administrative proceeding under par. (e),
2including judicial review, an employee or the department may bring an action in
3circuit court against an employer to recover damages caused by a violation of this
4subsection. Section 103.10 (13) (b) applies to the commencement of an action under
5this paragraph.
SB1,31,66 (g) The department shall promulgate rules to implement this subsection.
SB1,31,9 7(7) Federal tax treatment of benefits. With respect to the federal income
8taxation of family or medical leave insurance benefits, the department shall do all
9of the following:
SB1,31,1510 (a) At the time an individual files a claim for those benefits, advise the
11individual that those benefits may be subject to federal income taxation, that
12requirements exist under federal law pertaining to estimated tax payments, and
13that the individual may elect to have federal income taxes withheld from the
14individual's benefit payments and may change that election not more than one time
15in an application year.
SB1,31,1916 (b) Allow the individual to elect to have federal income tax deducted and
17withheld from the individual's benefit payments, allow the individual to change that
18election not more than one time in an application year, and deduct and withhold that
19tax in accordance with the individual's election as provided under 26 USC 3402.
SB1,31,2220 (c) Upon making a deduction under par. (b), transfer the amount deducted from
21the family and medical leave benefits insurance trust fund to the federal internal
22revenue service.
Loading...
Loading...