Bill Text: MI HB4641 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Employment security; benefits; disqualification from receiving benefits when leaving employment; create exception for domestic violence victim. Amends 1936 (Ex Sess) PA 1 (MCL 421.1 - 421.75) by adding sec. 28b.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-24 - Printed Bill Filed 03/20/2009 [HB4641 Detail]

Download: Michigan-2009-HB4641-Introduced.html

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HOUSE BILL No. 4641

 

March 19, 2009, Introduced by Rep. Johnson and referred to the Committee on Labor.

 

     A bill to amend 1936 (Ex Sess) PA 1, entitled

 

"Michigan employment security act,"

 

(MCL 421.1 to 421.75) by adding section 28b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 28b. (1) Notwithstanding any other provision of this act,

 

an otherwise eligible individual is not disqualified from receiving

 

benefits under section 29(1)(a) if the individual establishes to

 

the satisfaction of the unemployment agency that the reason for the

 

individual's having left work is due to domestic violence,

 

including 1 or more of the following:

 

     (a) The individual's reasonable fear of future domestic

 

violence at or en route to or from the individual's place of

 

employment.

 

     (b) The individual's need to relocate to another geographic

 

area to avoid future domestic violence.

 

     (c) The individual's need to address the physical,

 

psychological, or legal effects of domestic violence.

 

     (d) The individual's need to leave employment as a condition

 

of receiving services or shelter from an agency that provides

 

support services or shelter to victims of domestic violence.

 

     (e) The individual's reasonable belief that termination of

 

employment is necessary for the future safety of the individual or

 

the individual's family because of domestic violence.

 

     (2) An individual may demonstrate to the unemployment agency

 

the existence of domestic violence by providing 1 or more of the

 

following:

 

     (a) A restraining order or other documentation of equitable

 

relief issued by a court of competent jurisdiction in a domestic

 

violence case.

 

     (b) A police record documenting domestic violence.

 

     (c) Documentation that the perpetrator of the domestic

 

violence against the individual making a claim for benefits under

 

this act has been convicted of a crime involving domestic violence

 

as that term is defined in section 1 of 1978 PA 389, MCL 400.1501.

 

     (d) Medical documentation of domestic violence.

 

     (e) A statement provided by a counselor, social worker, health

 

worker, member of the clergy, shelter worker, attorney, or other

 

professional who has assisted the individual in addressing the

 

effects of the domestic violence on the individual or the

 

individual's family.

 

     (f) A sworn statement from the individual attesting to

 

domestic violence.

 

     (3) Evidence of domestic violence experienced by an

 

individual, including the individual's statement or corroborating

 

evidence, is exempt from disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not

 

be disclosed by the unemployment agency.

 

     (4) Benefits that are payable under this section are

 

chargeable to the nonchargeable benefits account.

 

     (5) As used in this section:

 

     (a) "Abuse" means 1 or more of the following:

 

     (i) Causing or attempting to cause physical harm.

 

     (ii) Placing another person in fear of imminent serious

 

physical harm.

 

     (iii) Causing another person to engage involuntarily in sexual

 

relations by force, threat, or duress or threatening to cause

 

another person to engage involuntarily in sexual relations.

 

     (iv) Engaging in mental abuse, which includes threats,

 

intimidation, and acts designed to induce terror.

 

     (v) Depriving another person of medical care, housing, food,

 

or other necessities of life.

 

     (vi) Restraining the liberty of another person.

 

     (b) "Domestic violence" means abuse committed against the

 

employee, the employee's dependent child, or a member of the

 

employee's household by any of the following:

 

     (i) A current or former spouse of the employee.

 

     (ii) A person with whom the employee shares a child in common.

 

     (iii) A person who is cohabitating with, or who has cohabitated

 

with, the employee.

 

     (iv) A person who is related by blood or marriage.

 

     (v) A person with whom the employee has a dating or engagement

 

relationship or had a dating or engagement relationship.