Wisconsin AB 542: Relating to: eligibility for unemployment insurance benefits in the case of an unwillingness to receive a vaccine. (FE)

Bill Text

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2021 - 2022  LEGISLATURE
2021 ASSEMBLY BILL 542
September 10, 2021 - Introduced by Representatives BROOKS, GUNDRUM, KNODL,
ALLEN,  ARMSTRONG,  CALLAHAN,  EDMING,  HORLACHER,  MAGNAFICI,  MOSES,
PLUMER, ROZAR, SCHRAA, SORTWELL and WICHGERS, cosponsored by Senators
STROEBEL, FELZKOWSKI and NASS. Referred to Committee on State Affairs.
AN ACT to amend 108.04 (7) (h), 108.14 (8n) (e) and 108.141 (7) (a); and to create
108.04  (5m)  and  108.04  (7)  (f)  of  the  statutes;  relating  to:  eligibility  for
unemployment insurance benefits in the case of an unwillingness to receive a
vaccine.
Analysis by the Legislative Reference Bureau
Under current law, unless an exemption applies, if an individual quits his or her
job, the individual is generally ineligible to receive unemployment insurance (UI)
benefits until the individual earns wages or certain other amounts after the week in
which  the  individual  quits  equal  to  at  least  six  times  the  individual's  weekly  UI
benefit rate.  This bill creates an exemption for an individual who terminates his or
her  work  due  to  the  employee's  unwillingness,  as  a  condition  of  continued
employment, to receive a vaccine against the SARS-CoV-2 coronavirus or furnish
proof of having done so.
Also under current law, an individual may be disqualified from receiving UI
benefits if he or she is terminated because of misconduct or substantial fault.  The
bill  specifically  provides  that  an  employee's  unwillingness,  as  a  condition  of
continued employment, to receive a vaccine against the SARS-CoV-2 coronavirus
or  furnish  proof  of  having  done  so,  does  not  constitute  misconduct  or  substantial
fault.
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 ASSEMBLY BILL 542
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1.  108.04 (5m) of the statutes is created to read:
108.04  (5m)    DISCHARGE  CASES  OF  UNWILLINGNESS  TO  RECEIVE  VACCINE.    (a)
Notwithstanding sub. (5), “misconduct," for purposes of sub. (5), does not include the
employee's  unwillingness,  as  a  condition  of  continued  employment,  to  receive  a
vaccine against the SARS-CoV-2 coronavirus, which causes COVID-19, or furnish
proof of having done so.
(b)  Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
not include the employee's unwillingness, as a condition of continued employment,
to receive a vaccine against the SARS-CoV-2 coronavirus, which causes COVID-19,
or furnish proof of having done so.
SECTION 2.  108.04 (7) (f) of the statutes is created to read:
108.04 (7) (f)  Paragraph (a) does not apply if the department determines that
the employee terminated his or her work due to the employee's unwillingness, as a
condition of continued employment, to receive a vaccine against the SARS-CoV-2
coronavirus, which causes COVID-19, or furnish proof of having done so.
SECTION 3.  108.04 (7) (h) of the statutes is amended to read:
108.04 (7) (h)  The department shall charge to the fund's balancing account
benefits  paid  to  an  employee  that  are  otherwise  chargeable  to  the  account  of  an
employer that is subject to the contribution requirements of ss. 108.17 and 108.18
if the employee voluntarily terminates employment with that employer and par. (a),
(c), (cg), (e), (f),
 (L), (q), (s), or (t) applies.
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SECTION 4
 ASSEMBLY BILL 542
SECTION 4.  108.14 (8n) (e) of the statutes is amended to read:
108.14 (8n) (e)  The department shall charge this state's share of any benefits
paid under this subsection to the account of each employer by which the employee
claiming benefits was employed in the applicable base period, in proportion to the
total amount of wages he or she earned from each employer in the base period, except
that if s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (f),
 (L), (q), (s), or (t), (7m) or (8) (a) or
(b), 108.07 (3), (3r), or (5) (am) 2., or 108.133 (3) (f) would have applied to employment
by such an employer who is subject to the contribution requirements of ss. 108.17 and
108.18, the department shall charge the share of benefits based on employment with
that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07
(3)  would  have  applied  to  an  employer  that  is  not  subject  to  the  contribution
requirements  of  ss.  108.17  and  108.18,  the  department  shall  charge  the  share  of
benefits based on that employment in accordance with s. 108.07 (5) (am) 1. and 2.
The department shall also charge the fund's balancing account with any other state's
share of such benefits pending reimbursement by that state.
SECTION 5.  108.141 (7) (a) of the statutes is amended to read:
108.141 (7) (a)  The d