Bill Text: MI SB0044 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Labor: fair employment practices; absence from work to respond to an emergency as an emergency responder; protect from adverse employment action. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-01-26 - Referred To Committee On Economic And Small Business Development [SB0044 Detail]
Download: Michigan-2021-SB0044-Introduced.html
SENATE BILL NO. 44
January 26, 2021, Introduced by Senator VICTORY
and referred to the Committee on Economic and Small Business Development.
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "emergency responder employment protection act".
(a) "Emergency responder" means an individual who is required to possess a license, certificate, permit, or other official recognition for his or her expertise in a particular field or area of knowledge, whose assistance in that field or area is utilized or is desirable during an emergency, and who provides such assistance during emergencies on a volunteer or paid on-call basis. Emergency responder includes, but is not limited to, emergency medical services personnel; physicians; nurses; mental health, veterinary, or other public health practitioners; emergency management personnel; public works personnel; and firefighters, including, but not limited to, firefighters trained in the areas of hazardous materials, specialized rescue, extrication, water rescue, or other specialized area. Emergency responder does not include law enforcement officers or other law enforcement personnel.
(b) "Employee" means an individual who receives wages or remuneration for providing services to an employer.
(c) "Employer" means a person that provides wages or remuneration to 1 or more individuals who perform services for the employer under an express or implied contract of hire.
Sec. 3. (1) Subject to subsections (2) and (3), an employer shall not discriminate against, discipline, or discharge an employee for any of the following reasons:
(a) The employee is an emergency responder.
(b) The employee is absent from work, if both of the following conditions are met:
(i) The employee is absent for the purpose of responding as an emergency responder to an emergency that began before the start of the shift for which the employee is absent.
(ii) The employee provides the employer with verification of the emergency need for the employee's service.
(2) Subsection (1)(b) does not apply to an employee who leaves work during the employee's shift for the purpose of responding as an emergency responder to an emergency.
(3) This act does not do any of the following:
(a) Prohibit an employer from treating the time the employee is absent under subsection (1)(b) as unpaid time off.
(b) Prohibit an employer from complying with a collective bargaining agreement or employee benefit plan entered into before the effective date of this act.
(4) Within 30 days after the effective date of this act, the date of employment, or the date of a change in an employee's status as an emergency responder, whichever is latest, the employee shall notify his or her employer of the employee's status as an emergency responder.
(5) An employee or former employee may bring a civil action for damages or equitable relief to enforce this act.
