Wisconsin Legislature: SB173,10,2

SB173, s. 17 25Section 17. 103.10 (8) (b) of the statutes is amended to read:

1103.10 (8) (b) No employer may, because an employee received family leave or,
2medical leave, or family military leave, reduce or deny an employment benefit which
3that accrued to the employee before his or her leave began or, consistent with sub.
4(9), accrued after his or her leave began.

SB173, s. 18 5Section 18. 103.10 (8) (c) of the statutes is amended to read:

SB173,6,106 103.10 (8) (c) Notwithstanding par. (a), if an employee on a family leave,
7medical or family leave, or family military leave wishes to return to work before the
8end of the leave as scheduled, the employer shall place the employee in an
9employment position of the type described in par. (a) 1. or 2. within a reasonable time
10not exceeding the duration of the leave as scheduled.

SB173, s. 19 11Section 19. 103.10 (9) (a) of the statutes is amended to read:

SB173,6,1712 103.10 (9) (a) Except as provided in par. (b), nothing in this section entitles a
13returning employee to a right, employment benefit, or employment position to which
14the employee would not have been entitled had he or she not taken family leave or,
15medical leave, or family military leave or to the accrual of any seniority or
16employment benefit during a period of family leave or , medical leave, or family
17military leave.

SB173, s. 20 18Section 20. 103.10 (9) (b) of the statutes is amended to read:

SB173,7,219 103.10 (9) (b) Subject to par. (c), during a period an employee takes family leave
20or, medical leave, or family military leave, his or her employer shall maintain group
21health insurance coverage under the conditions that applied immediately before the
22family leave or, medical leave, or family military leave began. If the employee
23continues making any contribution required for participation in the group health
24insurance plan, the employer shall continue making group health insurance

1premium contributions as if the employee had not taken the family leave or, medical
2leave, or family military leave.

SB173, s. 21 3Section 21. 103.10 (9) (c) 4. of the statutes is amended to read:

SB173,7,94 103.10 (9) (c) 4. If an employee ends his or her employment with an employer
5during or within 30 days after a period of family leave or , medical leave, or family
6military leave, the employer may deduct from the amount returned to the employee
7under subd. 3. any premium or similar expense paid by the employer for the
8employee's group health insurance coverage while the employee was on family leave
9or, medical leave, or family military leave.

SB173, s. 22 10Section 22. 103.10 (9) (d) of the statutes is amended to read:

SB173,7,1511 103.10 (9) (d) If an employee ends his or her employment with an employer
12during or at the end of a period of family leave or, medical leave, or family military
13leave, the time period for conversion to individual coverage under s. 632.897 (6) shall
14be calculated as beginning on the day that on which the employee began the period
15of family leave or, medical leave, or family military leave.

SB173, s. 23 16Section 23. 103.10 (10) of the statutes is amended to read:

SB173,7,2117 103.10 (10) Alternative employment. Nothing in this section prohibits an
18employer and an employee with a serious health condition from mutually agreeing
19to alternative employment for the employee while the serious health condition lasts.
20No period of alternative employment, with the same employer, reduces the
21employee's right to family leave or, medical leave, or family military leave.

SB173, s. 24 22Section 24. 103.10 (12) (d) of the statutes is amended to read:

SB173,8,423 103.10 (12) (d) The department shall issue its decision and order within 30 days
24after the hearing. If the department finds that an employer violated sub. (11) (a) or
25(b), it may order the employer to take action to remedy the violation, including

1providing the requested family leave or, medical leave, or family military leave,
2reinstating an employee, providing back pay accrued not more than 2 years before
3the complaint was filed, and paying reasonable actual attorney fees to the
4complainant.

SB173, s. 25 5Section 25. 108.04 (1) (b) 3. (intro.) of the statutes is amended to read:

SB173,8,96 108.04 (1) (b) 3. (intro.) While the employee is on family or medical leave under
7the federal family and medical leave act Family and Medical Leave Act of 1993 (P.L.
8103-3), 29 USC 2601 to 2654, or s. 103.10 or family military leave under s. 103.10,
9and except as provided in par. (c), until whichever of the following occurs first:

SB173, s. 26 10Section 26. 108.04 (1) (c) of the statutes is amended to read:

SB173,8,2411 108.04 (1) (c) If a leave of absence under par. (b) 2. or a family or, medical, or
12family military leave under par. (b) 3. is granted to an employee for a portion of a
13week, if an employee is absent for only a portion of the available work in a week due
14to a suspension under par. (b) 1., or if an employee is absent for only a portion of the
15available work in a week in which a termination under par. (b) 1. occurs, the
16employee's eligibility for benefits for that partial week shall be reduced by the
17amount of wages that the employee could have earned in his or her work had the
18leave not been granted or had the suspension or termination not occurred. For
19purposes of this paragraph, the department shall treat the amount the employee
20would have earned as wages in that work for that week as wages earned by the
21employee and shall apply the method specified in s. 108.05 (3) (a) to compute the
22benefits payable to the employee. The department shall estimate the wages that an
23employee would have earned for a partial week if it is not possible to compute the
24exact amount of wages that the employee would have earned for that partial week.

SB173, s. 27 25Section 27. 111.91 (2) (f) of the statutes is amended to read:

SB173,9,8

1111.91 (2) (f) Family leave and medical leave rights below the minimum
2afforded under the federal Family and Medical Leave Act of 1993, 29 USC 2601 to
32654, and s. 103.10 and family military leave rights below the minimum afforded
4under s. 103.10. Nothing in this paragraph prohibits the employer from bargaining
5on rights to family leave or medical leave which that are more generous to the
6employee than the rights provided under the federal Family and Medical Leave Act
7of 1993, 29 USC 2601 to 2654, and s. 103.10 and on rights to family military leave
8that are more generous to the employee than the rights provided under s. 103.10.

SB173, s. 28 9Section 28. 230.35 (2m) of the statutes is amended to read:

SB173,9,1510 230.35 (2m) An employee shall be eligible for medical or family leave under s.
11103.10 upon the expiration, extension, or renewal of any collective bargaining
12agreement in effect on April 26, 1988, which that covers the employee. An employee
13shall be eligible for family military leave under s. 103.10 upon the expiration,
14extension, or renewal of any collective bargaining agreement in effect on the effective
15date of this subsection .... [revisor inserts date], that covers the employee.

SB173, s. 29 16Section 29. 893.96 (title) of the statutes is repealed and recreated to read:

SB173,9,17 17893.96 (title) Family, medical, and family military leave; civil remedies.

SB173, s. 30 18Section 30. Initial applicability.

SB173,9,2219 (1) This act first applies to an employee, as defined in section 103.10 (1) (b) of
20the statutes, who is affected by a collective bargaining agreement that contains
21provisions inconsistent with this act on the day on which the collective bargaining
22agreement expires or is extended, modified, or renewed, whichever occurs first.

SB173, s. 31 23Section 31. Effective date.

SB173,10,2

1(1) This act takes effect on the first day of the 6th month beginning after
2publication.

SB173,10,33 (End)