40.02(26) (26)“Employee" means any person who receives earnings as payment for personal services rendered for the benefit of any employer including officers of the employer. An employee is deemed to have separated from the service of an employer at the end of the day on which the employee last performed services for the employer, or, if later, the day on which the employee-employer relationship is terminated because of the expiration or termination of leave without pay, sick leave, vacation or other leave of absence. Except as provided in s. 40.82 (4), a participant receiving a differential wage payment or earnings, contributions, or service credit under sub. (15) (e) is considered an employee of the employer making the payment. A person shall not be considered an employee if a person:
40.02(26)(a) (a) Is employed under a contract involving the furnishing of more than personal services.
40.02(26)(b) (b) Is customarily engaged in an independently established trade, business or profession providing the same type of services to private individuals and organizations as is provided to the employer and whose services to a participating employer are not compensated for on a payroll of that employer, except that persons holding offices provided for by statute shall be considered employees.
40.02(26)(c) (c) Is a patient or inmate of a hospital, home or institution and performs services in the hospital, home or institution.
2021-22 Wisconsin Statutes updated through 2023 Wis. Act 240 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on May 30, 2024. Published and certified under s. 35.18. Changes effective after May 30, 2024, are designated by NOTES. (Published 5-30-24)