HOUSE BILL NO. 5763
May 05, 2020, Introduced by Reps. Hammoud,
Hoadley, Greig, Cherry, Sabo, Garza, Koleszar, Cynthia Neeley, Cambensy,
Kuppa, Lasinski, Haadsma, Ellison, Rabhi, Tate and Camilleri and referred
to the Committee on Health Policy.
A bill to amend 2018 PA 338, entitled
"Paid medical leave act,"
by amending section 2 (MCL 408.962), as amended by 2018 PA 369, and by adding section 3a.
the people of the state of michigan enact:
(a) "Benefit
year" means any consecutive 12-month period used by an employer to
calculate an eligible employee's benefits.
(b)
"Department" means the department of licensing and regulatory affairs.labor and economic opportunity.
(c) "Director"
means the director of the department or the director's designee.
(d) "Domestic
violence" means that term as defined in section 1 of 1978 PA 389, MCL
400.1501.
(e) "Eligible
employee" means an individual engaged in service to an employer in the
business of the employer and from whom an employer is required to withhold for
federal income tax purposes. Eligible employee does not include any of the
following:
(i) An individual who is exempt from overtime requirements under
section 13(a)(1) of the fair labor standards act, 29 USC 213(a)(1).
(ii) An individual who
is not employed by a public agency, as that term is defined in section 3 of the
fair labor standards act, 29 USC 203, and who is covered by a collective
bargaining agreement that is in effect.
(iii) An individual
employed by the United States government, another state, or a political
subdivision of another state.
(iv) An individual
employed by an air carrier as a flight deck or cabin crew member that is
subject to title II of the railway labor act, 45 USC 151 to 188.
(v) An employee as
described in section 201 of the railway labor act, 45 USC 181.
(vi) An employee as
defined in section 1 of the railroad unemployment insurance act, 45 USC 351.
(vii) An individual whose
primary work location is not in this state.
(viii) An individual
whose minimum hourly wage rate is determined under section 4b of the improved
workforce opportunity wage act, 2018 PA 337, MCL 408.934b.
(ix) An individual
described in section 29(1)(l) of the Michigan
employment security act, 1936 (Ex Sess) PA 1, MCL 421.29.
(x) An individual
employed by an employer for 25 weeks or fewer in a calendar year for a job
scheduled for 25 weeks or fewer.
(xi) A variable hour
employee as defined in 26 CFR 54.4980H-1.
(xii) An individual who
worked, on average, fewer than 25 hours per week during the immediately
preceding calendar year.
(f) "Eligible first responder" means an eligible
employee that is any of the following:
(i) A public health or public safety officer.
(ii) A full-time, part-time, or volunteer law
enforcement officer.
(iii) A full-time, part-time, or volunteer
firefighter.
(iv) An emergency medical services worker,
including hospital emergency workers.
(v) Any worker who responds to a disaster or
pandemic in the worker's scope of employment.
(vi) Any related worker that provides support
services during the prevention, response, or recovery phases of a disaster or
pandemic.
(g) (f) "Employer" means any person, firm,
business, educational institution, nonprofit agency, corporation, limited
liability company, government entity, or other entity that employs 50 or more
individuals. Employer does not include the United States government, another
state, or a political subdivision of another state.
(h) (g) "Family member" includes all of the
following:
(i) A biological,
adopted or foster child, stepchild or legal ward, or a child to whom the
eligible employee stands in loco parentis.
(ii) A biological
parent, foster parent, stepparent, or adoptive parent or a legal guardian of an
eligible employee or an eligible employee's spouse or an individual who stood
in loco parentis when the eligible employee was a minor child.
(iii) An individual to
whom the eligible employee is legally married under the laws of any state.
(iv) A grandparent.
(v) A grandchild.
(vi) A biological,
foster, or adopted sibling.
(i) (h) "Health care provider" means that
term as defined in section 101 of the family and medical leave act, 29 USC
2611.
(j) (i) "Paid medical leave" means time off
from work that is provided by an employer to an eligible employee that can be
used for the purposes described in section 4(1).
(k) (j) "Sexual assault" means any act that
violates section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code,
1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
Sec. 3a. (1) Notwithstanding any other
provision of this act, if the governor or President of the United States
declares an emergency because of infectious disease, an employer shall, while
the declaration of emergency is in effect, pay an eligible first responder at
the eligible first responder's normal hourly wage or base wage for leave taken
as the result of any of the following:
(a) The eligible first responder contracts the infectious disease while performing his or her duties.
(b) The eligible first responder self-isolates or is quarantined pursuant to a directive from his or her employer or treating physician or a local, state, or federal agency.
(2) The paid leave described in subsection (1) is in addition to any other paid leave required under this act. An employer shall not do any of the following:
(a) Require an eligible first responder to use paid leave accrued under section 3 for paid leave described in subsection (1).
(b) Require an eligible first responder to use any other form of paid leave, as that term is defined in section 3, for leave described in subsection (1).