Bill Text: MI HB5419 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Labor; hours and wages; leave time for employees to vote on election days; provide for, and provide penalties for noncompliance. Creates new act.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2012-02-22 - Printed Bill Filed 02/22/2012 [HB5419 Detail]

Download: Michigan-2011-HB5419-Introduced.html

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HOUSE BILL No. 5419

 

February 21, 2012, Introduced by Reps. Oakes, Dillon, Kandrevas, Santana, Jackson, Tlaib, Brown, Hobbs and Lipton and referred to the Committee on Commerce.

 

     A bill to require employers to provide paid leave for

 

employees to vote; to provide the conditions for granting the

 

leave; to prohibit discrimination against employees who request or

 

use the leave; and to provide for remedies for a violation of the

 

act.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) This act shall be known and may be cited as the

 

"voting leave act".

 

     (2) As used in this act:

 

     (a) "Election" means an election regulated under the election

 

law, 1954 PA 116, MCL 168.1 to 168.992.

 

     (b) "Employee" does not include an independent contractor, a

 

domestic servant employed in or about a private home, or a farm or

 

ranch laborer.

 

     (c) "Employer" means an individual or entity, including this

 

state and all political subdivisions of this state, that regularly

 

employs 50 or more full-time employees.

 

     (3) Subject to subsections (4) and (5), an employer shall

 

allow each of his or her employees to request and take paid leave,

 

not to exceed 3 hours for each election day, for the purpose of

 

voting in an election.

 

     (4) An employee shall provide the employer with notice of the

 

intent to use leave under this act 7 or more days in advance of the

 

election day.

 

     (5) An employer may deny use of leave requested under this act

 

only if granting the leave would endanger the public safety or

 

welfare.

 

     Sec. 2. (1) An employer shall not discharge, threaten, or

 

otherwise discriminate against an employee regarding the employee's

 

compensation, or the terms, conditions, location, or privileges of

 

employment because the employee requests or takes leave under this

 

act.

 

     (2) An employee may bring a civil action against an employer

 

who violates the employee's rights under this act and may recover

 

the greater of the employee's actual damages or $2,500.00 for each

 

violation.