Wisconsin Code § 108.04

(1) GENERAL DISQUALIFICATIONS AND LIMITATIONS. (a) Except as provided in s. 108.062
(10), if an employee is with due notice called on by his or her current employing unit to report for work actually available within a
given week and is unavailable for, or unable to perform:
1. Sixteen or less hours of the work available for the week,
the employee’s eligibility for benefits for that week shall be reduced under par. (bm).
2. More than 16 hours of the work available for the week, the
employee is ineligible for benefits for that week.
(b) Except as provided in s. 108.062 (10), if an employee is
absent from work for 16 hours or less in the first week of his or
her leave of absence or in the week in which his or her employment is suspended or terminated due to the employee’s unavailability for work with the employer or inability to perform suitable
work otherwise available with the employer, the employee’s eligibility for benefits for that week shall be determined under par.
(bm).
(bm) For purposes of pars. (a) 1. and (b), the department shall
treat the amount that the employee would have earned as wages
for a given week in available work as wages earned by the employee and shall apply the method specified in s. 108.05 (3) (a) to
compute the benefits payable to the employee. The department
shall estimate wages that an employee would have earned if it is
not possible to compute the exact amount of wages that would
have been earned by the employee.
(f) If an employee is required by law to have a license issued
by a governmental agency to perform his or her customary work
for an employer, and the employee’s employment is suspended or
terminated because the employee’s license has been suspended,
revoked or not renewed due to the employee’s fault, the employee
is not eligible to receive benefits until 5 weeks have elapsed since
the end of the week in which the suspension or termination occurs or until the license is reinstated or renewed, whichever occurs first. The wages paid by the employer with which an employee’s employment is suspended or terminated shall be excluded from the employee’s base period wages under s. 108.06
(1) for purposes of benefit entitlement while the suspension, revocation or nonrenewal of the license is in effect. This paragraph
does not preclude an employee from establishing a benefit year
using the wages excluded under this paragraph if the employee
qualifies to establish a benefit year under s. 108.06 (2) (a). The
department shall charge to the fund’s balancing account any benefits paid during a benefit year otherwise chargeable to the account of an employer that is subject to the contribution requirements of ss. 108.17 and 108.18 from which base period wages are
excluded under this paragraph if an employee qualifies to receive
benefits for any week in that benefit year using wages that were
excluded under this paragraph.
(g) Except as provided in par. (gm), the base period wages utilized to compute total benefits payable to an individual under s.
108.06 (1) as a result of the following employment shall not exceed 10 times the individual’s weekly benefit rate based solely on
that employment under s. 108.05 (1):
1. Employment by a partnership or limited liability company
that is treated as a partnership under this chapter, if a one-half or
greater ownership interest in the partnership or limited liability
company is or during such employment was owned or controlled,
directly or indirectly, by the individual’s spouse, or by the individual’s parent if the individual is under age 18, or by a combination of 2 or more of them.
2. Employment by a corporation or limited liability company
that is treated as a corporation under this chapter, if one-half or
more of the ownership interest, however designated or evidenced,
in the corporation or limited liability company is or during such
employment was owned or controlled, directly or indirectly, by
the individual or by the individual’s spouse, or by the individual’s
parent if the individual is under age 18, or by a combination of 2
or more of them.
3. Except where subd. 2. applies, employment by a corporation or limited liability company that is treated as a corporation
under this chapter, if one-fourth or more of the ownership interest, however designated or evidenced, in the corporation or limited liability company is or during such employment was owned
or controlled, directly or indirectly, by the individual.
(gm) Paragraph (g) does not apply if the department determines that the individual whose base period wages are being
computed was employed by an employer which is a family corporation and the individual’s employment was terminated by the
employer because of involuntary cessation of business of the
family corporation under one or more of the following
circumstances:
1. Dissolution of the family corporation, due to economic inviability, under ch. 180 or the analogous applicable laws of the jurisdiction in which the corporation is incorporated or organized;
2. Filing of a petition in bankruptcy by the family
corporation;
3. Filing of a petition in bankruptcy by all owners who are
personally liable for any of the debts of the family corporation; or
4. Disposition of a total of 75 percent or more of the assets of
the family corporation using one or more of the following
methods:
a. Assignment for the benefit of creditors.
b. Surrender to one or more secured creditors or lienholders.
c. Sale, due to economic inviability, if the sale does not result
in ownership or control by substantially the same interests that
owned or controlled the family corporation. It is presumed unless shown to the contrary that a sale, in whole or in part, to a
spouse, parent or child of an individual who owned or controlled
the family corporation, or to any combination of 2 or more of
them, is a sale to substantially the same interests that owned or
controlled the family corporation.
(h) Each employer shall inform the department in its report
under s. 108.09 (1) whenever an individual claims benefits based
on employment to which par. (g) applies. Each employee who
claims benefits based on employment to which par. (g) applies
shall so inform the department when claiming benefits.
(hm) The department may require any claimant to appear before it and to answer truthfully, orally or in writing, any questions
relating to the claimant’s eligibility for benefits. A claimant is in-

eligible to receive benefits for any week about which the claimant
fails to comply with a request by the department to provide the information required under this paragraph and remains ineligible
until the claimant complies with the request. Except as provided
in sub. (2) (e) and (f), if a claimant later complies with a request
by the department within the period specified in s. 108.09 (2) (c),
the claimant is eligible to receive benefits as of the week about
which the department questions the claimant’s eligibility, if otherwise qualified.
(hr) The department may require any claimant to appear before it and to provide, orally or in writing, demographic information that is necessary to permit the department to conduct a statistically valid sample audit of compliance with this chapter. A
claimant is ineligible to receive benefits for any week in which the
claimant fails to comply with a request by the department to provide the information required under this paragraph and remains
ineligible until the claimant complies with the request. If a
claimant later complies with a request by the department within
the period specified in s. 108.09 (2) (c), the claimant is eligible to
receive benefits as of the week in which the failure occurred, if
otherwise qualified.
(2) GENERAL QUALIFYING REQUIREMENTS. (a) Except as
provided in pars. (b) to (bd), sub. (16) (am) and (b), and s.
108.062 (10) and (10m) and as otherwise expressly provided, a
claimant is eligible for benefits as to any given week only if all of
the following apply:
1. The claimant is able to work and available for work during
that week.
2. The claimant has registered for work in the manner prescribed by the department by rule.
3. The claimant conducts a reasonable search for suitable
work during that week and provides verification of that search to
the department. The search for suitable work must include at
least 4 actions per week that constitute a reasonable search as prescribed by rule of the department. In addition, the department
may, by rule, require a claimant to take more than 4 reasonable
work search actions in any week. The department shall require a
uniform number of reasonable work search actions for similar
types of claimants.
4. If the claimant is claiming benefits for a week other than
an initial week, the claimant provides information or job application materials that are requested by the department and participates in a public employment office workshop or training program or in similar reemployment services that are required by the
department under sub. (15) (a) 2.
(ae) A claimant is not available for work under par. (a) 1. in
any week in which he or she is located in a country other than the
United States, as defined in s. 108.02 (15) (do) 2., or Canada for
more than 48 hours unless the claimant has authorization to work
in that other country and there is a reciprocal agreement concerning the payment of unemployment insurance benefits between
that other country and the United States.
(b) The department shall, except as provided under par. (bd),
waive the registration for work requirement under par. (a) 2. if
any of the following applies:
1. The department determines that the claimant is currently
laid off from employment with an employer but there is a reasonable expectation of reemployment of the claimant by that employer within a period of 8 weeks, which may be extended up to
an additional 4 weeks but not to exceed a total of 12 weeks. In determining whether the claimant has a reasonable expectation of
reemployment by an employer, the department shall request the
employer to verify the claimant’s employment status and shall
consider all of the following:
a. The history of layoffs and reemployments by the employer.
b. Any information that the employer furnished to the
claimant or the department concerning the claimant’s anticipated
reemployment date.
c. Whether the claimant has recall rights with the employer
under the terms of any applicable collective bargaining
agreement.
2. The claimant has a reasonable expectation of starting employment with a new employer within 4 weeks and the employer
has verified the anticipated starting date with the department. A
waiver under this subdivision may not exceed 4 weeks.
3. The claimant has been laid off from work and routinely
obtains work through a labor union referral and all of the following apply:
a. The union is the primary method used by workers to obtain employment in the claimant’s customary occupation.
b. The union maintains records of unemployed members and
the referral activities of these members, and the union allows the
department to inspect those records.
c. The union provides, upon the request of the department,
any information regarding a claimant’s registration with the union
or any referrals for employment it has made to the claimant.
d. Prospective employers of the claimant seldom place orders
with the public employment office for jobs requiring occupational skills similar to those of the claimant.
e. The claimant is registered for work with a union and satisfies the requirements of the union relating to job referral procedures, and maintains membership in good standing with the
union.
f. The union enters into an agreement with the department
regarding the requirements of this subdivision.
4. The claimant is summoned to serve as a prospective or impaneled juror.
5. The requirements are waived under sub. (16) or s. 108.062
(10m), or the claimant is enrolled in and satisfactorily participating in a self-employment assistance program or another program
established under state or federal law and the program provides
that claimants who participate in the program shall be waived by
the department from work registration requirements.
6. The claimant is unable to complete registration due to circumstances that the department determines are beyond the
claimant’s control.
(bb) The department shall, except as provided under par. (bd),
waive the work search requirement under par. (a) 3. if any of the
following applies:
1. A reason specified in par. (b) 1., 2., 3., or 4.
2. The claimant performs any work for his or her customary
employer.
3. The requirements are waived under sub. (16) or s. 108.062
(10m), or the claimant is enrolled in and satisfactorily participating in a self-employment assistance program or another program
established under state or federal law and the program provides
that claimants who participate in the program shall be waived by
the department from work search requirements.
4. The claimant has not complied with the requirement because of an error made by personnel of the department.
5. The claimant’s most recent employer failed to post appropriate notice posters as to claiming unemployment benefits as required by the department by rule, and the claimant was not aware
of the work search requirement.
6. The claimant has been referred for reemployment services, is participating in such services, or is not participating in
such services, but has good cause for failure to participate. For
purposes of this subdivision, a claimant has good cause if he or
she is unable to participate due to any of the following:

a. A reason specified in subd. 3. or par. (b) 4.
b. The claimant is employed.
c. The claimant is attending a job interview.
d. Circumstances that the department determines are beyond
the claimant’s control.
(bd) The department may, by rule, do any of the following if
doing so is necessary to comply with a requirement under federal
law or is specifically allowed under federal law:
1. Modify the availability of any waiver under par. (b) or
(bb).
2. Establish additional waivers from the requirements under
par. (a) 2. and 3.
(bm) A claimant is ineligible to receive benefits for any week
for which there is a determination that the claimant failed to comply with the registration for work and work search requirements
under par. (a) 2. or 3. or failed to provide verification to the department that the claimant complied with those requirements, unless the department has waived those requirements under par. (b),
(bb), or (bd) or s. 108.062 (10m). If the department has paid benefits to a claimant for any such week, the department may recover
the overpayment under s. 108.22.
(c) Each employer shall inform his or her employees of the requirements of this subsection in such reasonable manner as the
department may prescribe by rule.
(d) If required under s. 108.07 (5) (bm), each claimant shall
and each employer shall under s. 108.09 (1) or when otherwise
requested by the department, indicate whether a claim for regular
benefits is related to the public health emergency declared on
March 12, 2020, by executive order 72. The department may
specify the information required to be provided under this
paragraph.
(e) Each claimant shall furnish to the department his or her
social security number. If a claimant fails, without good cause, to
provide his or her social security number, the claimant is not eligible to receive benefits for the week in which the failure occurs
or any subsequent week until the week in which he or she provides the social security number. If the claimant has good cause,
he or she is eligible to receive benefits as of the week in which the
claimant first files a claim for benefits or first requests the department to reactivate an existing benefit claim.
(f) A claimant is ineligible to receive benefits for any week for
which benefits are paid or payable because the claimant knowingly provided the department with a false social security
number.
(g) 1. Each claimant shall create security credentials in order
to engage in transactions with the department, including the filing
of an initial or continued claim for benefits. The security credentials may consist of a personal identification number, username,
and password, or any other means prescribed by the department.
2. If a claimant’s security credentials are used in the filing of
an initial or continued claim for benefits or any other transaction,
the individual using the security credentials is presumed to have
been the claimant or the claimant’s authorized agent. This presumption may be rebutted by a preponderance of evidence showing that the claimant who created the security credentials or the
claimant’s authorized agent was not the person who used the credentials in a given transaction. If a claimant uses an agent to engage in any transaction with the department using the claimant’s
security credentials, the claimant is responsible for the actions of
the agent. If a claimant who created security credentials or the
claimant’s authorized agent divulges the credentials to another
person, or fails to take adequate measures to protect the credentials from being divulged to an unauthorized person, and the department pays benefits to an unauthorized person because of the
claimant’s action or inaction, the department may recover from
the claimant the benefits that were paid to the unauthorized person in the same manner as provided for overpayments to
claimants under s. 108.22 or under s. 108.245. If a claimant who
created security credentials or the claimant’s authorized agent divulges the credentials to another person, or fails to take adequate
measures to protect the credentials from being divulged to an
unauthorized person, the department is not obligated to pursue
recovery of, or to reimburse the claimant for, benefits payable to
the claimant that were erroneously paid to another person.
(h) A claimant shall, when the claimant first files a claim for
benefits under this chapter and during each subsequent week the
claimant files for benefits under this chapter, inform the department whether he or she is receiving social security disability insurance payments, as defined in sub. (12) (f) 2m.
(i) 1. There is a rebuttable presumption that a claimant who is
subject to the requirement under par. (a) 3. to conduct a reasonable search for suitable work has not conducted a reasonable
search for suitable work in a given week if all of the following
apply:
a. The claimant was last employed by a temporary help
company.
b. The temporary help company required the claimant to
contact the temporary help company about available assignments
weekly, or less often as prescribed by the temporary help company, and the company gave the claimant written notice of that requirement at the time the claimant was initially employed by the
company.
c. During that week, the claimant was required to contact the
temporary help company about available assignments and the
claimant did not contact the temporary help company about available assignments.
d. The temporary help company submits a written notice to
the department within 10 business days after the end of that week
reporting that the claimant did not contact the company about
available assignments.
2. A claimant may only rebut the presumption under subd. 1.
if the claimant demonstrates one of the following to the department for a given week:
a. That the claimant did contact the temporary help company
about available assignments during that week.
b. That the claimant was not informed by the temporary help
company of the requirement to contact the temporary help company or had other good cause for his or her failure to contact the
temporary help company about available assignments during that
week.
3. If a claimant who was last employed by a temporary help
company contacts the temporary help company during a given
week about available assignments, that contact constitutes one
action that constitutes a reasonable search for suitable work, for
purposes of par. (a) 3.
(3) WAITING PERIOD. (a) Subject to par. (b), the first week of
a claimant’s benefit year for which the claimant has timely applied and is otherwise eligible for regular benefits under this
chapter is the claimant’s waiting period for that benefit year.
(b) Paragraph (a) does not apply with respect to benefit years
that begin after March 12, 2020, and before March 14, 2021. The
department shall seek the maximum amount of federal reimbursement for benefits that are, during the time period specified
in this paragraph, payable for the first week of a claimant’s benefit year as a result of the application of this paragraph.
(4) QUALIFYING CONDITIONS. (a) A claimant is not eligible
to start a benefit year unless the claimant has combined base period wages equal to at least 35 times the claimant’s weekly benefit
rate under s. 108.05 (1), including combined base period wages

equal to at least 4 times the claimant’s weekly benefit rate under
s. 108.05 (1) in one or more quarters outside of the quarter within
the claimant’s base period in which the claimant has the highest
base period wages.
(b) There shall be counted toward the wages required by par.
(a) any federal service, within the relevant period, which is assigned to Wisconsin under an agreement pursuant to 5 USC 8501
to 8525.
(c) An employee is not eligible to start a new benefit year unless, subsequent to the start of the employee’s most recent benefit
year in which benefits were paid to the employee, the employee
has performed services and earned wages for those services equal
to at least 8 times the employee’s latest weekly benefit rate under
s. 108.05 (1) that was payable to the employee in the employee’s
most recent benefit year in employment or other work covered by
the unemployment insurance law of any state or the federal
government.
(5) DISCHARGE FOR MISCONDUCT. An employee whose work
is terminated by an employing unit for misconduct by the employee connected with the employee’s work is ineligible to receive benefits until 7 weeks have elapsed since the end of the
week in which the discharge occurs and the employee earns
wages after the week in which the discharge occurs equal to at
least 14 times the employee’s weekly benefit rate under s. 108.05
(1) in employment or other work covered by the unemployment
insurance law of any state or the federal government. For purposes of requalification, the employee’s weekly benefit rate shall
be the rate that would have been paid had the discharge not occurred. The wages paid to an employee by an employer which terminates employment of the employee for misconduct connected
with the employee’s employment shall be excluded from the employee’s base period wages under s. 108.06 (1) for purposes of
benefit entitlement. This subsection does not preclude an employee who has employment with an employer other than the employer which terminated the employee for misconduct from establishing a benefit year using the base period wages excluded
under this subsection if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall charge to
the fund’s balancing account any benefits otherwise chargeable
to the account of an employer that is subject to the contribution
requirements under ss. 108.17 and 108.18 from which base period wages are excluded under this subsection. For purposes of
this subsection, “misconduct” means one or more actions or conduct evincing such willful or wanton disregard of an employer’s
interests as is found in deliberate violations or disregard of standards of behavior which an employer has a right to expect of his
or her employees, or in carelessness or negligence of such degree
or recurrence as to manifest culpability, wrongful intent, or evil
design of equal severity to such disregard, or to show an intentional and substantial disregard of an employer’s interests, or of
an employee’s duties and obligations to his or her employer. In
addition, “misconduct” includes:
(a) A violation by an employee of an employer’s reasonable
written policy concerning the use of alcohol beverages, or use of
a controlled substance or a controlled substance analog, if the
employee:
1. Had knowledge of the alcohol beverage or controlled substance policy; and
2. Admitted to the use of alcohol beverages or a controlled
substance or controlled substance analog or refused to take a test
or tested positive for the use of alcohol beverages or a controlled
substance or controlled substance analog in a test used by the employer in accordance with a testing methodology approved by the
department.
(b) Theft of an employer’s property or services with intent to
deprive the employer of the property or services permanently,
theft of currency of any value, felonious conduct connected with
an employee’s employment with his or her employer, or intentional or negligent conduct by an employee that causes substantial
damage to his or her employer’s property.
(c) Conviction of an employee of a crime or other offense subject to civil forfeiture, while on or off duty, if the conviction
makes it impossible for the employee to perform the duties that
the employee performs for his or her employer.
(d) One or more threats or acts of harassment, assault, or other
physical violence instigated by an employee at the workplace of
his or her employer.
(e) Absenteeism by an employee on more than 2 occasions
within the 120-day period before the date of the employee’s termination, unless otherwise specified by his or her employer in an
employment manual of which the employee has acknowledged
receipt with his or her signature, or excessive tardiness by an employee in violation of a policy of the employer that has been communicated to the employee, if the employee does not provide to
his or her employer both notice and one or more valid reasons for
the absenteeism or tardiness.
(f) Unless directed by an employee’s employer, falsifying
business records of the employer.
(g) Unless directed by the employer, a willful and deliberate
violation of a written and uniformly applied standard or regulation of the federal government or a state or tribal government by
an employee of an employer that is licensed or certified by a governmental agency, which standard or regulation has been communicated by the employer to the employee and which violation
would cause the employer to be sanctioned or to have its license
or certification suspended by the agency.
(5g) DISCHARGE FOR SUBSTANTIAL FAULT. (a) An employee
whose work is terminated by an employing unit for substantial
fault by the employee connected with the employee’s work is ineligible to receive benefits until 7 weeks have elapsed since the end
of the week in which the termination occurs and the employee
earns wages after the week in which the termination occurs equal
to at least 14 times the employee’s weekly benefit rate under s.
108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government.
For purposes of requalification, the employee’s benefit rate shall
be the rate that would have been paid had the discharge not occurred. For purposes of this paragraph, “substantial fault” includes those acts or omissions of an employee over which the employee exercised reasonable control and which violate reasonable
requirements of the employee’s employer but does not include
any of the following:
1. One or more minor infractions of rules unless an infraction is repeated after the employer warns the employee about the
infraction.
2. One or more inadvertent errors made by the employee.
3. Any failure of the employee to perform work because of
insufficient skill, ability, or equipment.
(b) The department shall charge to the fund’s balancing account the cost of any benefits paid to an employee that are otherwise chargeable to the account of an employer that is subject to
the contribution requirements under ss. 108.17 and 108.18 if the
employee is discharged by the employer and par. (a) applies.
(6) DISCIPLINARY SUSPENSION. An employee whose work is
suspended by an employing unit for good cause connected with
the employee’s work is ineligible to receive benefits until 3 weeks
have elapsed since the end of the week in which the suspension
occurs or until the suspension is terminated, whichever occurs
first. This subsection does not preclude an employee from establishing a benefit year during a period in which the employee is in-

eligible to receive benefits under this subsection if the employee
qualifies to establish a benefit year under s. 108.06 (2) (a).
(7) VOLUNTARY TERMINATION OF WORK. (a) If an employee
terminates work with an employing unit, the employee is ineligible to receive benefits until the employee earns wages after the
week in which the termination occurs equal to at least 6 times the
employee’s weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law
of any state or the federal government. For purposes of requalification, the employee’s weekly benefit rate shall be that rate which
would have been paid had the termination not occurred. This
paragraph does not preclude an employee from establishing a
benefit year by using the base period wages paid by the employer
from which the employee voluntarily terminated, if the employee
is qualified to establish a benefit year under s. 108.06 (2) (a).
(am) Paragraph (a) does not apply if the department determines that the suspension or termination of the claimant’s work
was in lieu of a suspension or termination by the employer of another employee’s work. The claimant shall not be deemed unavailable for the claimant’s work with the employer by reason of
such suspension or termination.
(b) Paragraph (a) does not apply if the department determines
that the employee terminated his or her work with good cause attributable to the employing unit. In this paragraph, “good cause”
includes, but is not limited to, a request, suggestion or directive by
the employing unit that the employee violate federal or Wisconsin
law, or sexual harassment, as defined in s. 111.32 (13), by an employing unit or employing unit’s agent or a co-worker, of which
the employer knew or should have known but failed to take timely
and appropriate corrective action.
(c) Paragraph (a) does not apply if the department determines
that the employee terminated his or her work but had no reasonable alternative because of the verified illness or disability of the
employee.
(cg) Paragraph (a) does not apply if the department determines that the employee terminated his or her work because of
the verified illness or disability of a member of his or her immediate family and the verified illness or disability reasonably necessitates the care of the family member for a period of time that
is longer than the employer is willing to grant leave.
(cm) Paragraph (a) does not apply if an employee is hired to
work a particular shift and if the department determines that the
employee terminated his or her work as the result of a requirement by his or her employing unit to transfer his or her working
hours to a shift occurring at a time that would result in a lack of
child care for his or her minor children, provided that the employee is able to work and available for full-time work during the
same shift that the employee worked in the employee’s most recent work with that employing unit. For purposes of sub. (2) (a),
such an employee is not deemed unavailable for work solely for
refusing to work a shift other than the one for which the employee
was hired.
(e) Paragraph (a) does not apply if the department determines
that the employee accepted work that the employee could have
failed to accept under sub. (8) and terminated the work on the
same grounds and within the first 30 calendar days after starting
the work, or that the employee accepted work that the employee
could have refused under sub. (9) and terminated the work within
the first 30 calendar days after starting the work. For purposes of
this paragraph, an employee has the same grounds for voluntarily
terminating work if the employee could have failed to accept the
work under sub. (8) (d) to (em) when it was offered, regardless of
the reason articulated by the employee for the termination.
(L) Paragraph (a) does not apply if the department determines
that the employee terminated work to accept employment or other
work covered by the unemployment insurance law of any state or
the federal government if the work:
1. Offered average weekly wages at least equal to the average
weekly wages that the employee earned in the terminated work;
2. Offered the same or a greater number of hours of work
than those performed in the work terminated;
3. Offered the opportunity for significantly longer term
work; or
4. Offered the opportunity to accept a position for which the
duties were primarily discharged at a location significantly closer
to the employee’s domicile than the location of the terminated
work.
(q) Paragraph (a) does not apply if the department determines
that an employee, while serving as a member of the U.S. armed
forces, was engaged concurrently in other work and terminated
that work as a result of the employee’s honorable discharge or discharge under honorable conditions from active duty as a member
of the U.S. armed forces for a reason that would qualify the employee to receive unemployment compensation under 5 USC
8521.
(s) 1. In this paragraph:
a. “Domestic abuse” means physical abuse, including a violation of s. 940.225 (1), (2) or (3), or a threat of physical abuse by
an adult family or adult household member against another family or household member; by an adult person against his or her
spouse or former spouse; by an adult person against a person with
whom the person has a child in common; or by an adult person
against an unrelated adult person with whom the person has had a
personal relationship.
b. “Family member” means a spouse, parent, child or person
related by blood or adoption to another person.
bn. “Health care professional” has the meaning given in s.
180.1901 (1m).
c. “Household member” means a person who is currently or
formerly residing in a place of abode with another person.
d. “Law enforcement agency” has the meaning given in s.
165.83 (1) (b) and includes a tribal law enforcement agency as
defined in s. 165.83 (1) (e).
e. “Protective order” means a temporary restraining order or
an injunction issued by a court of competent jurisdiction.
2. Paragraph (a) does not apply if the employee:
a. Terminates his or her work due to domestic abuse, concerns about personal safety or harassment, concerns about the
safety or harassment of his or her family members who reside
with the employee or concerns about the safety or harassment of
other household members; and
b. Provides to the department a protective order relating to
the domestic abuse or concerns about personal safety or harassment issued by a court of competent jurisdiction, a report by a
law enforcement agency documenting the domestic abuse or concerns, or evidence of the domestic abuse or concerns provided by
a health care professional or an employee of a domestic violence
shelter.
(t) Paragraph (a) does not apply if the department determines
that all of the following apply to an employee:
1. The employee’s spouse is a member of the U.S. armed
forces on active duty.
2. The employee’s spouse was required by the U.S. armed
forces to relocate to a place to which it is impractical for the employee to commute.
3. The employee terminated his or her work to accompany
the spouse to that place.
(u) 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), (L), (q), (s), or (t) applies.
(7m) VOLUNTARY REDUCTION IN HOURS OF EMPLOYMENT.
An employee whose employer grants the employee’s voluntary
request to reduce indefinitely the number of hours of employment
usually worked by the employee voluntarily terminates his or her
employment within the meaning of sub. (7). The wages earned
by the employee from that employer for any week in which the reduction requested by the employee is in effect may not be used to
meet the requalification requirement provided in sub. (7) (a) applicable to that termination if the employer has notified the employee in writing, prior to the time that the request is granted, of
the effect of this subsection. The department shall charge to the
fund’s balancing account benefits paid to such an employee that
are otherwise chargeable to the account of an employer that
grants an employee’s request under this subsection, for each week
in which this subsection applies, if the employer is subject to the
contribution requirements of ss. 108.17 and 108.18.
(8) SUITABLE WORK. (a) Except as provided in par. (b), if an
employee fails, without good cause, to accept suitable work when
offered, the employee is ineligible to receive benefits until the
employee earns wages after the week in which the failure occurs
equal to at least 6 times the employee’s weekly benefit rate under
s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government.
For purposes of requalification, the employee’s weekly benefit
rate shall be that rate which would have been paid had the failure
not occurred. This paragraph does not preclude an employee
from establishing a benefit year during a period in which the employee is ineligible to receive benefits under this paragraph if the
employee qualifies to establish a benefit year under s. 108.06 (2)
(a). Except as provided in par. (b), the department shall charge to
the fund’s balancing account any benefits otherwise chargeable
to the account of an employer that is subject to the contribution
requirements under ss. 108.17 and 108.18 whenever an employee
of that employer fails, without good cause, to accept suitable
work offered by that employer.
(b) There is a rebuttable presumption that an employee has
failed, without good cause, to accept suitable work when offered
if the department determines, based on a report submitted by an
employing unit in accordance with s. 108.133 (4), that the employing unit required, as a condition of an offer of employment,
that the employee submit to a test for the unlawful use of controlled substances and withdrew the conditional offer after the
employee either declined to submit to such a test or tested positive
for one or more controlled substances without evidence of a valid
prescription for each controlled substance for which the employee tested positive. In the case of the employee declining to
submit to such a test, the employee shall be ineligible for benefits
until the employee again qualifies for benefits in accordance with
the rules promulgated under this paragraph. In the case of the
employee testing positive in such a test without evidence of a
valid prescription, the employee shall be ineligible for benefits
until the employee again qualifies for benefits in accordance with
the rules promulgated under this paragraph, except that the employee may maintain his or her eligibility for benefits in the same
manner as is provided in s. 108.133 (3) (d). The department shall
promulgate rules identifying a period of ineligibility that must
elapse or a requalification requirement that must be satisfied, or
both, in order for an employee who becomes ineligible for benefits as provided in this paragraph to again qualify for benefits and
specifying how a claimant may overcome the presumption in this
paragraph. The department shall charge to the fund’s balancing
account any benefits otherwise chargeable to the account of an
employer that is subject to the contribution requirements under
ss. 108.17 and 108.18 whenever an employee of that employer
fails, without good cause, to accept suitable work as described in
this paragraph.
(c) If an employee fails, without good cause, to return to work
with a former employer that recalls the employee within 52 weeks
after the employee last worked for that employer, the employee is
ineligible to receive benefits until the employee earns wages after
the week in which the failure occurs equal to at least 6 times the
employee’s weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law
of any state or the federal government. For purposes of requalification, the employee’s weekly benefit rate shall be that rate which
would have been paid had the failure not occurred. This paragraph does not preclude an employee from establishing a benefit
year during a period in which the employee is ineligible to receive
benefits under this paragraph if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall
charge to the fund’s balancing account any benefits otherwise
chargeable to the account of any employer that is subject to the
contribution requirements under ss. 108.17 and 108.18 whenever
an employee of that employer fails, without good cause, to return
to work with that employer. This paragraph does not apply to an
employee who fails to return to work with a former employer if
the work offered would not be considered suitable work under
par. (d) or (dm), whichever is applicable. If an employee receives
actual notice of a recall to work, par. (a) applies in lieu of this
paragraph.
(d) With respect to the first 6 weeks after the employee became unemployed, “suitable work,” for purposes of par. (a),
means work to which all of the following apply:
1. The work does not involve a lower grade of skill than that
which applied to the employee on one or more of his or her most
recent jobs.
2. The hourly wage for the work is 75 percent or more of
what the employee earned on the highest paying of his or her
most recent jobs.
(dm) With respect to the 7th week after the employee became
unemployed and any week thereafter, “suitable work,” for purposes of par. (a), means any work that the employee is capable of
performing, regardless of whether the employee has any relevant
experience or training, that pays wages that are above the lowest
quartile of wages for similar work in the labor market area in
which the work is located, as determined by the department.
(em) An employee shall have good cause under this subsection only if the department determines that the failure related to
the employee’s personal safety, the employee’s sincerely held religious beliefs, or an unreasonable commuting distance, or if the
employee had another compelling reason that would have made
accepting the offer unreasonable.
(f) This subsection does not apply to an individual claiming
extended benefits if the individual fails to provide sufficient evidence that his or her prospects for obtaining work in his or her
customary occupation within a period of time not exceeding 4
weeks, beginning with the first week of eligibility for extended
benefits, are good.
(9) PROTECTION OF LABOR STANDARDS. Benefits shall not be
denied under this chapter to any otherwise eligible individual for
refusing to accept new work under any of the following
conditions:
(a) If the position offered is vacant due directly to a strike,
lockout or other labor dispute.
(b) If the wages, hours, including arrangement and number, or
other conditions of the work offered are substantially less favor-

able to the individual than those prevailing for similar work in the
locality.
(c) If as a condition of being employed the individual would
be required to join a company union or to resign from or refrain
from joining any bona fide labor organization.
(10) LABOR DISPUTE. (a) An employee who has left or partially or totally lost his or her work with an employing unit because of a strike or other bona fide labor dispute, other than a
lockout, is not eligible to receive benefits based on wages paid for
employment prior to commencement of the dispute for any week
in which the dispute is in active progress in the establishment in
which the employee is or was employed, except as provided in
par. (b).
(b) An employee who did not establish a benefit year prior to
commencement of a strike or other bona fide labor dispute, other
than a lockout, may establish a benefit year after commencement
of the dispute if the employee qualifies to establish a benefit year
under s. 108.06 (2) (a) , but the wages paid to the employee for
employment prior to commencement of the dispute shall be excluded from the employee’s base period wages under sub. (4) (a)
and ss. 108.05 (1) and 108.06 (1) for any week in which the dispute is in active progress in the establishment in which the employee is or was employed.
(c) For purposes of this subsection, if the active progress of a
strike or other bona fide labor dispute ends on a Sunday, it is not
in “active progress” in the calendar week beginning on that Sunday as to any employee who did not normally work on Sundays in
the establishment in which the labor dispute occurs.
(d) In this subsection, “lockout” means the barring of one or
more employees from their employment in an establishment by
an employer as a part of a labor dispute, which is not directly subsequent to a strike or other job action of a labor union or group of
employees of the employer, or which continues or occurs after the
termination of a strike or other job action of a labor union or
group of employees of the employer.
(11) FRAUDULENT CLAIMS. (a) If a claimant, in filing his or
her application for benefits or claim for any week, conceals any
material fact relating to his or her eligibility for benefits, the
claimant is ineligible for benefits as provided in par. (be).
(b) If a claimant, in filing a claim for any week, conceals any
of his or her wages earned or paid or payable or hours worked in
that week, the claimant is ineligible for benefits as provided in
par. (be).
(be) A claimant is ineligible for benefits for acts of concealment described in pars. (a) and (b) as follows:
1. For each single act of concealment occurring before the
date of the first determination of concealment under par. (a) or
(b), the claimant is ineligible for benefits for which he or she
would otherwise be eligible in an amount equivalent to 2 times
the claimant’s weekly benefit rate under s. 108.05 (1) for the
week in which the claim is made.
2. For each single act of concealment occurring after the date
of the first determination of concealment under par. (a) or (b), the
claimant is ineligible for benefits for which he or she would otherwise be eligible in an amount equivalent to 4 times the claimant’s
weekly benefit rate under s. 108.05 (1) for the week in which the
claim is made.
3. For each single act of concealment occurring after the date
of a 2nd or subsequent determination of concealment under par.
(a) or (b), the claimant is ineligible for benefits for which he or
she would otherwise be eligible in an amount equivalent to 8
times the claimant’s weekly benefit rate under s. 108.05 (1) for
the week in which the claim is made.
(bh) In addition to ineligibility for benefits resulting from
concealment as provided in par. (be), the department shall assess
a penalty against the claimant in an amount equal to 40 percent of
the benefit payments erroneously paid to the claimant as a result
of one or more acts of concealment described in pars. (a) and (b).
(bm) The department shall apply any ineligibility under par.
(be) against benefits and weeks of eligibility for which the
claimant would otherwise be eligible after the week of concealment and within 6 years after the date of an initial determination
issued under s. 108.09 finding that a concealment occurred. The
claimant shall not receive waiting period credit under sub. (3) for
the period of ineligibility applied under par. (be). If no benefit
rate applies to the week for which the claim is made, the department shall use the claimant’s benefit rate for the claimant’s next
benefit year beginning after the week of concealment to determine the amount of the benefit reduction.
(c) Any employing unit that aids and abets a claimant in committing or attempts to aid and abet a claimant in committing an
act of concealment described in par. (a) or (b) may, by a determination issued under s. 108.10, be required, as to each act of concealment the employing unit aids and abets or attempts to aid and
abet, to forfeit an amount equal to the amount of the benefits the
claimant improperly received as a result of the concealment. In
addition, the employing unit shall be penalized as follows:
1. The employing unit shall forfeit $500 for each single act of
concealment that the employing unit aids and abets or attempts to
aid and abet a claimant to commit occurring before the date of the
first determination that the employing unit has so acted.
2. The employing unit shall forfeit $1,000 for each single act
of concealment that the employing unit aids and abets or attempts
to aid and abet a claimant to commit occurring after the date of
the first determination that the employing unit has so acted in
which a penalty is applied under subd. 1. but on or before the date
of the first determination that the employing unit has so acted in
which a penalty is applied under this subdivision.
3. The employing unit shall forfeit $1,500 for each single act
of concealment that the employing unit aids and abets or attempts
to aid and abet a claimant to commit occurring after the date of
the first determination that the employing unit has so acted in
which a penalty is applied under subd. 2.
(cm) If any person makes a false statement or representation
in order to obtain benefits in the name of another person, the benefits received by that person constitute a benefit overpayment.
Such person may, by a determination or decision issued under s.
108.095, be required to repay the amount of the benefits obtained
and be assessed an administrative assessment in an additional
amount equal to the amount of benefits obtained.
(d) In addition to other remedies, the department may, by civil
action, recover any benefits obtained by means of any false statement or representation or any administrative assessment imposed
under par. (cm). Chapter 778 does not apply to collection of any
benefits or assessment under this paragraph.
(e) This subsection may be applied even when other provisions, including penalty provisions, of this chapter are applied.
(f) All amounts forfeited under par. (c) and all collections
from administrative assessments under par. (cm) shall be credited
to the administrative account.
(g) 1. In this subsection, “conceal” means to intentionally
mislead the department by withholding or hiding information or
making a false statement or misrepresentation.
2. A claimant has a duty of care to provide an accurate and
complete response to each inquiry made by the department in
connection with his or her receipt of benefits. The department
shall consider the following factors in determining whether a
claimant intended to mislead the department as described in
subd. 1.:
a. Whether the claimant failed to read or follow instructions

or other communications of the department related to a claim for
benefits.
b. Whether the claimant relied on the statements or representations of persons other than an employee of the department who
is authorized to provide advice regarding the claimant’s claim for
benefits.
c. Whether the claimant has a limitation or disability and, if
so, whether the claimant provided evidence to the department of
that limitation or disability.
d. The claimant’s unemployment insurance claims filing
experience.
e. Any instructions or previous determinations of concealment issued or provided to the claimant.
f. Any other factor that may provide evidence of the
claimant’s intent.
3. Nothing in this subsection requires the department, when
making a finding of concealment, to determine or prove that a
claimant had an intent or design to receive benefits to which the
claimant knows he or she was not entitled.
(12) PREVENTION OF DUPLICATE PAYMENTS. (b) Any individual who receives, through the department, any other type of
unemployment benefit or allowance for a given week is ineligible
for benefits for that same week under this chapter, except as
specifically required for conformity with 19 USC 2101 to 2497b.
(c) Any individual who receives unemployment insurance for
a given week under any federal law through any federal agency
shall be ineligible for benefits paid or payable for that same week
under this chapter.
(d) Any individual who receives unemployment insurance for
a given week under the law of any other state, with no use of benefit credits earned under this chapter, shall be ineligible for benefits paid or payable for that same week under this chapter.
(e) Any individual who receives a temporary total disability
payment or a permanent total disability payment for a whole
week under ch. 102 or under any federal law which provides for
payments on account of a work-related injury or illness analogous
to those provided under ch. 102 shall be ineligible for benefits
paid or payable for that same week under this chapter unless otherwise provided by federal law. A temporary total disability payment, a temporary partial disability payment, or a permanent total disability payment under those provisions received by an individual for part of a week shall be treated as wages for purposes of
eligibility for benefits for partial unemployment under s. 108.05
(3).
(f) 1m. The intent of the legislature in enacting this paragraph
is to prevent the payment of duplicative government benefits for
the replacement of lost earnings or income, regardless of an individual’s ability to work.
2m. In this paragraph, “social security disability insurance
payment” means a payment of social security disability insurance
benefits under 42 USC ch. 7 subch. II.
3. a. Except as provided in subd. 3. b. to d., an individual is
ineligible for benefits under this chapter for each week in the entire month in which a social security disability insurance payment is issued to the individual.
b. In the first month a social security disability insurance
payment is first issued to an individual, the individual is ineligible
for benefits under this chapter for each week beginning with the
week the social security disability insurance payment is issued to
the individual and all subsequent weeks in that month.
c. Following a cessation of social security disability insurance payments to an individual and upon the individual again being issued a social security disability insurance payment, the individual is ineligible for benefits under this chapter for each week
beginning with the week the social security disability insurance
payment is issued to the individual and all subsequent weeks in
that month.
d. Following cessation of social security disability insurance
payments, an individual may be eligible for benefits under this
chapter, if otherwise qualified, beginning with the week following the last Saturday of the month in which the individual is issued his or her final social security disability insurance payment.
4. Information that the department receives or acquires from
the federal social security administration regarding the issuance
of social security disability insurance payments is considered
conclusive, absent clear and convincing evidence that the information was erroneous.
(13) NOTIFICATION AS TO INELIGIBILITY. (a) The department shall apply any provision of this chapter which may disqualify a claimant from receiving benefits whether or not the
claimant’s employing unit questions the claimant’s eligibility or
files the report required under s. 108.09 (1).
(b) If an employer fails to file the required wage report under
s. 108.205 for an employee who has claimed benefits from the
employer’s account, the department may compute and proceed to
pay the benefits thus claimed, based on the claimant’s statements
and any other information then available.
(c) If an employer, after notice of a benefit claim, fails to file
an objection to the claim under s. 108.09 (1), any benefits allowable under any resulting benefit computation shall, unless the department applies a provision of this chapter to disqualify the
claimant, be promptly paid. Except as otherwise provided in this
paragraph, any eligibility question in objection to the claim raised
by the employer after benefit payments to the claimant are commenced does not affect benefits paid before the end of the week in
which a determination is issued as to the eligibility question unless the benefits are erroneously paid without fault on the part of
the employer. Except as otherwise provided in this paragraph, if
an employer fails to provide correct and complete information requested by the department during a fact-finding investigation, but
later provides the requested information, benefits paid before the
end of the week in which a redetermination is issued regarding
the matter or, if no redetermination is issued, before the end of
the week in which an appeal tribunal decision is issued regarding
the matter, are not affected by the redetermination or decision,
unless the benefits are erroneously paid without fault on the part
of the employer as provided in par. (f). If benefits are erroneously
paid because the employer and the employee are at fault, the department shall charge the employer for the benefits and proceed
to create an overpayment under s. 108.22 (8) (a). If benefits are
erroneously paid without fault on the part of the employer, regardless of whether the employee is at fault, the department shall
charge the benefits as provided in par. (d), unless par. (e) applies,
and proceed to create an overpayment under s. 108.22 (8) (a). If
benefits are erroneously paid because an employer is at fault and
the department recovers the benefits erroneously paid under s.
108.22, the recovery does not affect benefit charges made under
this paragraph.
(d) 1. If the department finds that any benefits charged to an
employer’s account have been erroneously paid to an employee
without fault by the employer, the department shall notify the employee and the employer of the erroneous payment.
2. If recovery of an overpayment is permitted under s. 108.22
(8) (c) and benefits are currently payable to the employee from
the employer’s account, the department may correct the error by
adjusting the benefits accordingly.
3. To correct any erroneous payment not so adjusted that was
charged to the account of an employer that is subject to the contri-

bution requirements of ss. 108.17 and 108.18, the department
shall do one of the following:
a. If recovery of an overpayment is permitted under s. 108.22
(8) (c), restore the proper amount to the employer’s account and
charge that amount to the fund’s balancing account, and shall
thereafter reimburse the balancing account by crediting to it benefits which would otherwise be payable to, or cash recovered
from, the employee.
b. If recovery of an overpayment is not permitted under s.
108.22 (8) (c) , restore the proper amount to the employer’s account and charge that amount to the fund’s balancing account unless s. 108.07 (5) (am) 3. applies.
4. To correct any erroneous payment not so adjusted from the
account of an employer that is subject to reimbursement financing, the department shall do one of the following:
a. If recovery of an overpayment is permitted under s. 108.22
(8) (c), credit to the account benefits which would otherwise be
payable to, or cash received from, the employee, unless subd. 4. c.
applies.
b. If recovery of an overpayment is not permitted under s.
108.22 (8) (c) , re

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