Bill Text: MI SB0164 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Labor: fair employment practices; employer taking adverse employment action against an employee who is absent from work; prohibit during a declared emergency. Creates new act.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2021-02-23 - Referred To Committee On Economic And Small Business Development [SB0164 Detail]
Download: Michigan-2021-SB0164-Introduced.html
February 23, 2021, Introduced by Senators MOSS,
CHANG, ALEXANDER, BULLOCK, GEISS, BRINKS, SANTANA, POLEHANKI, MCCANN,
ANANICH, BAYER, WOJNO, HERTEL and HOLLIER and referred to the Committee on Economic
and Small Business Development.
the people of the state of michigan enact:
(a) "Adverse employment action" includes, but is not limited to, any of the following:
(i) Disciplinary action.
(ii) Termination of employment.
(iii) A demotion or a failure to provide a promotion.
(iv) An involuntary change in a work shift.
(v) An involuntary reduction of work hours.
(vi) A reduction of employment benefits.
(vii) A reduction in salary or wage.
(viii) Any other adverse change in the terms or conditions of employment that is reasonably likely to deter protected activity.
(b) "COVID-19" means coronavirus disease 2019.
(c) "Employee" means an individual employed by an employer.
(d) "Employer" means a person or a state or local governmental entity that employs 1 or more individuals.
(e) "Person" means an individual, partnership, corporation, association, or other legal entity.
(f) "Principal symptoms of COVID-19" means any of the following:
(i) Fever.
(ii) Atypical cough.
(iii) Atypical shortness of breath.
Sec. 3. (1) An employer shall not take adverse employment action or otherwise discriminate or retaliate against an employee who is absent from work during an emergency declared by the governor related to COVID-19 if the employee did not attend work for any of the following reasons:
(a) The employee was self-isolating or self-quarantining for any of the following reasons:
(i) In response to an elevated risk from COVID-19 due to an existing health condition.
(ii) After displaying 1 or more of the principal symptoms of COVID-19.
(iii) While seeking a medical diagnosis from a health care provider after suffering symptoms related to COVID-19.
(iv) After having had contact in the last 14 days with an individual with a confirmed diagnosis of COVID-19.
(v) After having had contact in the last 14 days with an individual displaying 1 or more of the principal symptoms of COVID-19 who was seeking a medical diagnosis from a health care provider.
(vi) After having received a diagnosis of COVID-19.
(vii) In response to a reasonable fear related to COVID-19 due to an objective condition existing at the employee's place of work.
(b) The employee was required to care for another individual self-isolating or self-quarantining for 1 of the following reasons:
(i) In response to an elevated risk from COVID-19 due to an existing health condition.
(ii) After displaying 1 or more of the principal symptoms of COVID-19.
(iii) While seeking a medical diagnosis from a health care provider after suffering symptoms related to COVID-19.
(iv) After having had contact in the last 14 days with an individual with a confirmed diagnosis of COVID-19.
(v) After having had contact in the last 14 days with an individual displaying 1 or more of the principal symptoms of COVID-19 who was seeking a medical diagnosis from a health care provider.
(vi) After the individual receives a confirmed diagnosis of COVID-19.
(c) The employee has a family care responsibility for 1 of the following reasons:
(i) The closure of a school, day care, or other child care facility or provider.
(ii) The closure of a nursing home or other adult care facility or provider.
(d) The employee lacks a transportation option that would enable the employee to travel to and from the employee's place of work either alone or solely with other members of the employee's household.
(2) An employer shall not take an adverse employment action or otherwise discriminate or retaliate against an employee because the employee does any of the following:
(a) Opposes a violation of this act.
(b) Brings an action under this act.
(c) Testifies, assists, or participates in an action brought under this act.
Sec. 5. (1) An employee aggrieved by a violation of this act may bring a civil action for appropriate injunctive relief or damages, or both, in the circuit court for the county where the alleged violation occurred or for the county where the employer against whom the action is filed is located or has its principal place of business.
(a) The plaintiff's actual damages or $5,000.00, whichever is greater.
(b) The plaintiff's reasonable costs and reasonable attorney fees.
