Bill Text: MI SB0162 | 2019-2020 | 100th 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: Slight Partisan Bill (Republican 6-2)
Status: (Introduced - Dead) 2019-02-28 - Referred To Committee On Economic And Small Business Development [SB0162 Detail]
Download: Michigan-2019-SB0162-Introduced.html
SENATE BILL No. 162
February 28, 2019, Introduced by Senators VICTORY, BUMSTEAD, OUTMAN, HOLLIER,
HERTEL, DALEY, BARRETT and VANDERWALL and referred to the Committee on
Economic and Small Business Development.
A bill to prohibit an employer from discriminating against,
disciplining, or discharging an employee who is absent from work to
respond to an emergency as an emergency responder; and to provide
remedies for a violation of this act.
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".
Sec. 2. As used in this 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.
