Tony Evers is proposing paid family and medical leave. Here's how it would work and why Republicans may not be on board.

Corrinne Hess
Milwaukee Journal Sentinel

One of the cornerstones of Gov. Tony Evers' two-year state spending plan is a proposal that would give public and private sector workers 12 weeks of paid family and medical leave benefits by Jan. 1, 2025.

Paid leave has been overwhelmingly popular, according to statewide polling, but legislative Republicans are not yet on board, despite past GOP support for the measure.

Here's what to know about the issue:

What is Gov. Evers proposing for employees?

The Democratic governor's 2023-2025 biennial budget proposes public and private sector workers get 12 weeks of paid family and medical leave benefits by Jan. 1, 2025.

One-time state funding of $243 million would jump-start the program. Employees and employers would contribute money into a state-run trust fund administered by the Department of Workforce Development and paid out when employees need to take the leave.

Who would be eligible for paid family and medical leave?

  • A person would be eligible for paid family and medical leave if they have worked for the same employer for at least 680 hours in the calendar year prior to the year they file a claim for the benefit. A self-employed individual could elect coverage under the program.
  • “Family leave" means leave from employment, self-employment, or availability for employment for the birth or adoptive placement of a child; to care for a family member who has a serious health condition or is in medical isolation; for covered active duty; or to address issues related to being the victim of domestic abuse,sexual abuse, or stalking.
  • “Medical leave" means leave from employment, self-employment, or availability for employment when a covered individual is in medical isolation or has a serious health condition that makes the employee unable to perform his or her employment duties.

How is the proposed bill different than what employees have now?

The current Family and Medical Leave Act covers both public and private sector employees. Both the state and federal FMLA are unpaid leave.

Wisconsin's current law states employees must have worked for their employer for at least 52 consecutive weeks and for at least 1,000 hours in the preceding 52-week period.

Currently, an employer must permit the employee to take up to two weeks of leave for their own serious health condition in a calendar year, up to two weeks for the serious health condition of a parent, child or spouse, and up to six weeks for the birth or adoption of a child.

How much money will be collected for the state insurance?

Beginning on Jan. 1, 2025, the bill generally requires everyone employed by the state, self-employed or working for an employer with 50 or more employees, who elects coverage to contribute a percentage of their wages to the trust fund.

Under the bill, each employer must contribute the same amount as an employee. The bill requires the state Department of Workforce Development to collect those contributions in the same manner as DWD collects contributions to the unemployment reserve fund under current law.

An employer that is already providing paid family and medical leave benefits that are identical to or more generous than those provided under the program may request an exemption from participation in the program. The governor's office said an opt-in provision would give small businesses the option to participate but details are still being worked out.

What have Republicans said about paid family leave?

When Evers revealed his budget on Feb. 15, Senate Majority Leader Devin LeMahieu, R-Oostburg, said he did not support the plan. LeMahieu said Wisconsin already goes "above and beyond the national standard for FMLA."

When reached for additional comment, a spokesman from LeMahieu's office pointed out Wisconsin employees need to work 1,000 hours vs. 1,250 hours for federal FMLS.

"Additionally, in order to qualify for federal FMLA, an employee must work at a job site that is within 75 miles of a location where 50 more employees are based. In contrast, Wisconsin’s FMLA is available to any employee working in Wisconsin, regardless of where other employees are based."

Sen. Howard Marklein, co-chairman of the powerful Joint Finance Committee, said the legislature would consider all ideas as they build the state budget.

“The paid family leave idea is just one idea among many ideas," Marklein said. "The legislature will write the state budget after we seek input from our constituents and stakeholders all over the state. We are looking at all our options and will consider all spending as a part of the full budget plan, not as one-off ideas.”

State Rep. Mark Born, co-chairman of the Joint Finance Committee, echoed Marklein.

“Republicans will not support the creation of new taxes on hardworking Wisconsinites and any new programs would need to go through the standing committee process," Born said.

Do people want this?

Nearly two-thirds of Republicans polled by Marquette University Law School in November favored paid leave. The poll found 73% of Wisconsinites, including 62% of Republicans, thought businesses should be required to provide paid leave for new parents.

Wisconsin's Republican gubernatorial candidates Rebecca Kleefisch and Tim Michels indicated they would support paid leave during a debate on July 24. Michels, who is the co-owner of the state's largest construction firm, said he would sign legislation requiring employers to provide paid leave.

"We need to make sure that everyone that is looking to find a job has the opportunity to find a job. That’s how you get the greatest health care that you possibly can — get a job,” Michels said. “I will support health care and time off for mothers and fathers.”

Kleefisch, the former lieutenant governor, also signaled support.

“We need to make sure that moms and dads have time to bond with their babies,” Kleefisch said.

Shawn Phetteplace, Midwest regional manager with Main Street Alliance, an advocacy group for small businesses, said only about half of the workforce is eligible for FMLA and many people who are can't afford to take the unpaid benefit.

"Having a social insurance pool is the only way many small businesses can access paid family and medical leave," Phetteplace said. "I would hope this is not a partisan issue. This should be a math issue."

Corrinne Hess can be reached at chess@gannett.com or on Twitter @CorriHess.