AB395,2,3 2103.10 (title) Family or, medical, and school conference and activities
3leave.

AB395,3,5

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1103.10 (1) (fr) "School" means a child care provider, as defined in s. 49.001 (1),
2a public or private preschool or prekindergarten, or a public or private school that
3provides an educational program for one or more grades between kindergarten and
412 and that is commonly known as a kindergarten, elementary school, middle school,
5junior high school, senior high school, or high school.

AB395,3,107 103.10 (2) (a) Nothing in this section prohibits an employer from providing
8employees with rights to family leave or, medical leave which, or school conference
9and activities leave that are more generous to the employee than the rights provided
10under this section.

AB395,3,1612 103.10 (2) (c) This section only applies to an employee who has been employed
13by the same employer for more than 52 consecutive weeks and who worked for the
14employer for at least 1,000 hours during the preceding 52-week period , except that
15for purposes of school conference and activities leave under sub. (4m) this section
16applies to any employee of an employer.

AB395,4,218 103.10 (4m) School conference and activities leave. Subject to sub. (6) (c),
19an employee may take no more than 16 hours of school conference and activities leave
20in a 12-month period for the purpose of attending school conferences or classroom
21activities relating to the employee's child that cannot be scheduled during nonwork
22hours. An employee may also use the school conference and activities leave provided
23under this subsection to observe and monitor the services or programming provided
24to the employee's child by a child care provider, as defined in s. 49.001 (1), or a public

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1or private preschool or prekindergarten, if that observation and monitoring cannot
2be scheduled during nonwork hours.

AB395,4,64 103.10 (5) (a) This section does not entitle an employee to receive wages or
5salary while taking family leave or, medical leave, or school conference and activities
6leave.

AB395,4,119 103.10 (5) (b) 1. An Subject to subd. 2., an employee may substitute, for portions
10of family leave or, medical leave, or school conference and activities leave, paid or
11unpaid leave of any other type provided by the employer.

AB395,4,1513 103.10 (5) (b) 2. Notwithstanding subd. 1., an employee may not substitute paid
14leave for school conference and activities leave for attending a school conference or
15activity for less than one hour.

AB395,4,1917 103.10 (6) (c) If an employee intends to take leave under sub. (4m) for the
18purpose of attending a school conference or activity, the employee shall do all of the
19following:

AB395,4,2120 1. Make a reasonable effort to schedule the conference or activity so that it does
21not unduly disrupt the employer's operations.

AB395,4,2322 2. Give the employer advance notice of the conference or activity in a reasonable
23and practicable manner.

AB395,5,3

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1103.10 (8) (a) (intro.) Subject to par. (c), when an employee returns from family
2leave or, medical leave, or school conference and activities leave, his or her employer
3shall immediately place the employee in an employment position as follows:

AB395,5,75 103.10 (8) (a) 1. If the employment position which the employee held
6immediately before the family leave or, medical leave, or school conference and
7activities leave began is vacant when the employee returns, in that position.

AB395,5,139 103.10 (8) (a) 2. If the employment position which the employee held
10immediately before the family leave or, medical leave, or school conference and
11activities leave began is not vacant when the employee returns, in an equivalent
12employment position having equivalent compensation, benefits, working shift,
13hours of employment, and other terms and conditions of employment.

AB395,5,1815 103.10 (8) (b) No employer may, because an employee received family leave or,
16medical leave, or school conference and activities leave, reduce or deny an
17employment benefit which that accrued to the employee before his or her leave began
18or, consistent with sub. (9), accrued after his or her leave began.

AB395,5,2420 103.10 (8) (c) Notwithstanding par. (a), if an employee on a family, medical or
21family, or school conference and activities leave wishes to return to work before the
22end of the leave as scheduled, the employer shall place the employee in an
23employment position of the type described in par. (a) 1. or 2. within a reasonable time
24not exceeding the duration of the leave as scheduled.

AB395,6,6

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1103.10 (9) (a) Except as provided in par. (b), nothing in this section entitles a
2returning employee to a right, employment benefit, or employment position to which
3the employee would not have been entitled had he or she not taken family leave or,
4medical leave, or school conference and activities leave or to the accrual of any
5seniority or employment benefit during a period of family leave or, medical leave, or
6school conference and activities leave.

AB395,6,158 103.10 (9) (b) Subject to par. (c), during a period an employee takes family leave
9or, medical leave, or school conference and activities leave, his or her employer shall
10maintain group health insurance coverage under the conditions that applied
11immediately before the family leave or, medical leave, or school conference and
12activities leave began. If the employee continues making any contribution required
13for participation in the group health insurance plan, the employer shall continue
14making group health insurance premium contributions as if the employee had not
15taken the family leave or, medical leave , or school conference and activities leave.

AB395,6,2217 103.10 (9) (c) 4. If an employee ends his or her employment with an employer
18during or within 30 days after a period of family leave or , medical leave, or school
19conference and activities leave, the employer may deduct from the amount returned
20to the employee under subd. 3. any premium or similar expense paid by the employer
21for the employee's group health insurance coverage while the employee was on family
22leave or, medical leave, or school conference and activities leave.

AB395,7,424 103.10 (9) (d) If an employee ends his or her employment with an employer
25during or at the end of a period of family leave or, medical leave, or school conference

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1and activities leave, the time period for conversion to individual coverage under s.
2632.897 (6) shall be calculated as beginning on the day that on which the employee
3began the period of family leave or, medical leave, or school conference and activities
4leave.

AB395,7,116 103.10 (10) Alternative employment. Nothing in this section prohibits an
7employer and an employee with a serious health condition from mutually agreeing
8to alternative employment for the employee while the serious health condition lasts.
9No period of alternative employment, with the same employer, reduces the
10employee's right to family leave or, medical leave, or school conference and activities
11leave.

AB395,7,1913 103.10 (12) (d) The department shall issue its decision and order within 30 days
14after the hearing. If the department finds that an employer violated sub. (11) (a) or
15(b), it may order the employer to take action to remedy the violation, including
16providing the requested family leave or , medical leave, or school conference and
17activities leave, reinstating an employee, providing back pay accrued not more than
182 years before the complaint was filed, and paying reasonable actual attorney fees
19to the complainant.

AB395,7,2421 103.10 (14) (b) Any person employing at least 25 individuals shall post, in one
22or more conspicuous places where notices to employees are customarily posted, a
23notice describing the person's policy with respect to leave for the reasons described
24in subs. (3) (b) and, (4) (a), and (4m).

AB395,8,5

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1108.04 (1) (b) 3. (intro.) While the employee is on family or medical leave under
2the federal family and medical leave act Family and Medical Leave Act of 1993 (P.L.
3103-3), 29 USC 2601 to 2654, or s. 103.10 or school conference and activities leave
4under s. 103.10, and except as provided in par. (c), until whichever of the following
5occurs first:

AB395,8,207 108.04 (1) (c) If a leave of absence under par. (b) 2. or a family or, medical, or
8school conference and activities leave under par. (b) 3. is granted to an employee for
9a portion of a week, if an employee is absent for only a portion of the available work
10in a week due to a suspension under par. (b) 1., or if an employee is absent for only
11a portion of the available work in a week in which a termination under par. (b) 1.
12occurs, the employee's eligibility for benefits for that partial week shall be reduced
13by the amount of wages that the employee could have earned in his or her work had
14the leave not been granted or had the suspension or termination not occurred. For
15purposes of this paragraph, the department shall treat the amount the employee
16would have earned as wages in that work for that week as wages earned by the
17employee and shall apply the method specified in s. 108.05 (3) (a) to compute the
18benefits payable to the employee. The department shall estimate the wages that an
19employee would have earned for a partial week if it is not possible to compute the
20exact amount of wages that the employee would have earned for that partial week.

AB395,9,522 111.91 (2) (f) Family leave and medical leave rights below the minimum
23afforded under the federal Family and Medical Leave Act of 1993, 29 USC 2601 to
242654, and s. 103.10 and school conference and activities leave rights below the
25minimum afforded under s. 103.10. Nothing in this paragraph prohibits the

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1employer from bargaining on rights to family leave or medical leave which that are
2more generous to the employee than the rights provided under the federal Family
3and Medical Leave Act of 1993, 29 USC 2601 to 2654, and s. 103.10 and on rights to
4school conference and activities leave that are more generous to the employee than
5the rights provided under s. 103.10.

AB395,9,137 230.35 (2m) An employee shall be eligible for medical or family leave under s.
8103.10 upon the expiration, extension, or renewal of any collective bargaining
9agreement in effect on April 26, 1988, which that covers the employee. An employee
10shall be eligible for school conference and activities leave under s. 103.10 upon the
11expiration, extension, or renewal of any collective bargaining agreement in effect on
12the effective date of this subsection .... [revisor inserts date], that covers the
13employee.

AB395,9,2515 253.10 (3) (d) 1. Geographically indexed materials that are designed to inform
16a woman about public and private agencies, including adoption agencies, and
17services that are available to provide information on family planning, as defined in
18s. 253.07 (1) (a), including natural family planning information, to provide
19ultrasound imaging services, to assist her if she has received a diagnosis that her
20unborn child has a disability or if her pregnancy is the result of sexual assault or
21incest, and to assist her through pregnancy, upon childbirth, and while the child is
22dependent. The materials shall include a comprehensive list of the agencies
23available, a description of the services that they offer, and a description of the
24manner in which they may be contacted, including telephone numbers and
25addresses, or, at the option of the department, the materials shall include a toll-free,

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124-hour telephone number that may be called to obtain an oral listing of available
2agencies and services in the locality of the caller and a description of the services that
3the agencies offer and the manner in which they may be contacted. The materials
4shall provide information on the availability of governmentally funded programs
5that serve pregnant women and children. Services identified for the woman shall
6include medical assistance for pregnant women and children under s. 49.47 (4) (am),
7the availability of family or, medical , and school conference and activities leave
8under s. 103.10, the Wisconsin works Works program under ss. 49.141 to 49.161,
9child care services, child support laws and programs, and the credit for expenses for
10household and dependent care and services necessary for gainful employment under
11section 21 of the internal revenue code Internal Revenue Code. The materials shall
12state that it is unlawful to perform an abortion for which consent has been coerced,
13that any physician who performs or induces an abortion without obtaining the
14woman's voluntary and informed consent is liable to her for damages in a civil action
15and is subject to a civil penalty, that the father of a child is liable for assistance in
16the support of the child, even in instances in which the father has offered to pay for
17an abortion, and that adoptive parents may pay the costs of prenatal care, childbirth,
18and neonatal care. The materials shall include information, for a woman whose
19pregnancy is the result of sexual assault or incest, on legal protections available to
20the woman and her child if she wishes to oppose establishment of paternity or to
21terminate the father's parental rights. The materials shall state that fetal
22ultrasound imaging and auscultation of fetal heart tone services are obtainable by
23pregnant women who wish to use them and shall describe the services.

AB395,11,2

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1893.96 (title) Family, medical, and school conference and activities
2leave; civil remedies.