Bill Text: MI SB0604 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Employment security: benefits; extension of benefits during COVID-19 pandemic; provide for, and create exception from disqualification for victims of domestic violence. Amends secs. 17, 27, 28c, 28d, 29, 32, 32c & 48 of 1936 (Ex Sess) PA 1 (MCL 421.17 et seq.) & adds sec. 29a.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2020-12-30 - Assigned Pa 0258'20 With Immediate Effect [SB0604 Detail]
Download: Michigan-2019-SB0604-Engrossed.html
Substitute For
SENATE BILL NO. 604
A bill to amend 1936 (Ex Sess) PA 1,
entitled
"Michigan employment security act,"
by amending sections 17, 27, 28c, 28d, 29, 32, 32c, and 48 (MCL 421.17, 421.27, 421.28c, 421.28d, 421.29, 421.32, 421.32c, and 421.48), sections 17, 27, 28c, 28d, 29, 32, and 48 as amended and section 32c as added by 2020 PA 229, and by adding section 29a.
The people of the state of michigan enact:
Sec. 17. (1) The unemployment agency shall maintain in the unemployment compensation fund a nonchargeable benefits account and a separate experience account for each employer as provided in this section. This act does not give an employer or individuals in the employer's service prior claims or rights to the amount paid by the employer to the unemployment compensation fund. All contributions to that fund shall must be pooled and available to pay benefits to any individual entitled to the benefits under this act, irrespective of the source of the contributions.
(2) The nonchargeable benefits account shall be credited with the following:
(a) All net earnings received on money, property, or securities in the fund.
(b) Any positive balance remaining in the employer's experience account as of the second June 30 computation date occurring after the employer has ceased to be subject to this act or after the employer has elected to change from a contributing employer to a reimbursing employer.
(c) The proceeds of the nonchargeable benefits component of employers' contribution rates determined as provided in section 19(a)(5).
(d) All reimbursements received under section 11(c).
(e) All amounts that may be paid or advanced by the federal government under section 903 or section 1201 of the social security act, 42 USC 1103 and 1321, to the account of the state in the federal unemployment trust fund.
(f) All benefits improperly paid to claimants that have been recovered and that were previously charged to an employer's account.
(g) Any benefits forfeited by an individual by application of section 62(b).
(h) The amount of any benefit check, any employer refund check, any claimant restitution refund check, or other payment duly issued that has not been presented for payment within 1 year after the date of issue.
(i) Any other unemployment fund income not creditable to the experience account of any employer.
(j) Any negative balance transferred to an employer's new experience account pursuant to this section.
(k) Amounts transferred from the contingent fund under section 10.
(3) The nonchargeable benefits account shall be charged with the following:
(a) Any negative balance remaining in an employer's experience account as of the second June 30 computation date occurring after the employer has ceased to be subject to this act or has elected to change from a contributing employer to a reimbursing employer.
(b) Refunds of amounts erroneously collected due to the nonchargeable benefits component of an employer's contribution rate.
(c) All training benefits paid under section 27(g) not reimbursable by the federal government and based on service with a contributing employer.
(d) Any positive balance credited or transferred to an employer's new experience account under this subsection.
(e) Repayments to the federal government of amounts advanced by it under section 1201 of the social security act, 42 USC 1321, to the unemployment compensation fund established by this act.
(f) The amounts received by the unemployment compensation fund under section 903 of the social security act, 42 USC 1103, that may be appropriated to the unemployment agency in accordance with subsection (8).
(g) All benefits determined to have been improperly paid to claimants that have been credited to employers' accounts in accordance with section 20(a).
(h) The amount of any substitute check or other payment issued to replace an uncashed benefit check, employer refund check, claimant restitution refund check, or other payment previously credited to this account.
(i) The amount of any benefit check or other payment issued that would be chargeable to the experience account of an employer who has ceased to be subject to this act, and who has had a balance transferred from the employer's experience account to the solvency or nonchargeable benefits account.
(j) All benefits that become nonchargeable to an
employer under section 19(b) or (c), 29(1)(a)(ii) or (iii) 29(1)(a)(i) to (iv) or (3), or 42a.
(k) For
benefit years beginning
before October 1, 2000, with benefits allocated under section 20(e)(2) for a
week of unemployment in which a claimant earns remuneration with a contributing
employer that equals or exceeds the amount of benefits allocated to that
contributing employer, and for benefit years beginning on or after October 1,
2000, with benefits allocated under section 20(f) for a week of
unemployment in which a claimant earns remuneration with a contributing
employer that equals or exceeds the amount of benefits allocated to that
contributing employer.
(l) Benefits that are nonchargeable to
an employer's account in accordance with section 20(i) or (j).
(m)
Benefits otherwise chargeable to the account of an employer when the benefits
are payable solely on the basis of combining wages paid by a Michigan employer
with wages paid by a non-Michigan employer under the interstate arrangement for
combining employment and wages under 20 CFR 616.1 to 616.11.
(4) All
contributions paid by an employer shall must be credited to the unemployment
compensation fund, and, except as otherwise provided with respect to the
proceeds of the nonchargeable benefits component of employers' contribution
rates by section 19(a)(5), to the employer's experience account, as of the date
when paid. However, those the contributions paid
during any July shall be credited as of the immediately preceding June 30.
Additional contributions paid by an employer as the result of a retroactive
contribution rate adjustment, solely for the purpose of this subsection, shall must be credited to the
employer's experience account as if paid when due, if the payment is received
within 30 days after the issuance of the initial assessment that results from
the contribution rate adjustment and a written request for the application is
filed by the employer during this period.
(5) If
an employer who has ceased to be subject to this act, and who has had a
positive or negative balance transferred as provided in subsection (2) or (3)
from the employer's experience account to the solvency or nonchargeable
benefits account as of the second computation date after the employer has
ceased to be subject to this act, becomes subject to this act again within 6
years after that computation date, the unemployment agency shall transfer the
positive or negative balance, adjusted by the debits and credits that are made
after the date of transfer, to the employer's new experience account.
(6) If
an employer's status as a reimbursing employer is terminated within 6 years after
the date the employer's experience account as a prior contributing employer was
transferred to the solvency or nonchargeable benefits account as provided in
subsection (2) or (3) and the employer continues to be subject to this act as a
contributing employer, any positive or negative balance in the employer's
experience account as a prior contributing employer , which that was transferred to the solvency or
nonchargeable benefits account , shall must be transferred to
the employer's new experience account. However, an employer who is delinquent
with respect to any reimbursement payments in lieu of contributions for which
the employer may be liable shall
must not
have a positive balance transferred during the delinquency.
(7) If
a balance is transferred to an employer's new account under subsection (5) or
(6), the employer shall is not be considered a
"qualified employer" until the employer has again been subject to
this act for the period set forth in section 19(a)(1).
(8) All
money credited under section 903 of the social security act, 42 USC 1103, to
the account of the state in the federal unemployment trust fund shall must immediately be
credited by the unemployment agency to the fund's nonchargeable benefits
account. There is authorized to be appropriated to the unemployment agency from
the money credited to the nonchargeable benefits account under this subsection,
an amount determined to be necessary for the proper and efficient
administration by the unemployment agency of this act for purposes for which
federal grants under title 3 of the social security act, 42 USC 501 to 504, 505, and the
Wagner-Peyser act, 29 USC 49 to 49l-2, are not available or are insufficient. The appropriation shall expire expires not more than 2
years after the date of enactment and shall must provide that any unexpended balance shall then be is credited to the
nonchargeable benefits account. An appropriation shall not be made under this subsection for an amount that exceeds must not exceed the
"adjusted balance" of the nonchargeable benefits account on the most
recent computation date. Appropriations made under this subsection shall must limit the total
amount that may be obligated by the unemployment agency during a fiscal year to
an amount that does not exceed the amount by which the aggregate of the amounts
credited to the nonchargeable benefits account under this subsection during the
fiscal year and the 24 preceding fiscal years, exceeds the aggregate of the
amounts obligated by the unemployment agency by appropriation under this
subsection and charged against the amounts thus credited to the nonchargeable
benefits account during any of the 25 fiscal years and any amounts credited to
the nonchargeable benefits account that have been used for the payment of
benefits.
(9) Notwithstanding
any other provision of this act, any benefit paid to a claimant that is laid
off or placed on a leave of absence must not be charged to the account of any
employer who otherwise would have been charged but instead must be charged to
the nonchargeable benefits account. This subsection does not apply after December 31, 2020.March 31. 2021.
Sec. 27. (a)(1) When a determination, redetermination, or
decision is made that benefits are due an unemployed individual, the benefits
become payable from the fund and continue to be payable to the unemployed
individual, subject to the limitations imposed by the individual's monetary
entitlement, if the individual continues to be unemployed and to file claims
for benefits, until the determination, redetermination, or decision is
reversed, a determination, redetermination, or decision on a new issue holding
the individual disqualified or ineligible is made, or, for benefit years
beginning before October 1, 2000, a new separation issue arises resulting from
subsequent work.
(2) Benefits are payable
in person or by mail through employment security offices in accordance with
rules promulgated by the unemployment agency.
(b)(1) Subject to
subsection (f), the weekly benefit rate for an individual, with respect to
benefit years beginning before October 1, 2000, is 67% of the individual's
average after tax weekly wage, except that the individual's maximum weekly
benefit rate must not exceed $300.00. However, with respect to benefit years
beginning on or after October 1, 2000, the individual's weekly benefit rate is
4.1% of the individual's wages paid in the calendar quarter of the base period
in which the individual was paid the highest total wages, plus $6.00 for each
dependent as defined in subdivision (4), up to a maximum of 5 dependents,
claimed by the individual at the time the individual files a new claim for
benefits, except that the individual's maximum weekly benefit rate must not
exceed $300.00 before April 26, 2002 and $362.00 for claims filed on and after
April 26, 2002. The weekly benefit rate for an individual claiming benefits on
and after April 26, 2002 must be recalculated subject to the $362.00 maximum
weekly benefit rate. The unemployment agency shall establish the procedures
necessary to verify the number of dependents claimed. If a person fraudulently
claims a dependent, that person is subject to the penalties set forth in
sections 54 and 54c. For benefit years beginning on or after October 2, 1983,
the weekly benefit rate must be adjusted to the next lower multiple of $1.00.
(2) For benefit years
beginning before October 1, 2000, the state average weekly wage for a calendar
year is computed on the basis of the 12 months ending the June 30 immediately
before that calendar year.
(3) For benefit years
beginning before October 1, 2000, a dependent means any of the following
persons who are receiving and for at least 90 consecutive days immediately
before the week for which benefits are claimed, or, in the case of a dependent
husband, wife, or child, for the duration of the marital or parental
relationship, if the relationship has existed less than 90 days, has received
more than 1/2 the cost of his or her support from the individual claiming
benefits:
(a) A child, including
stepchild, adopted child, or grandchild of the individual who is under 18 years
of age, or 18 years of age or over if, because of physical or mental infirmity,
the child is unable to engage in a gainful occupation, or is a full-time
student as defined by the particular educational institution, at a high school,
vocational school, community or junior college, or college or university and
has not attained the age of 22.
(b) The husband or wife
of the individual.
(c) The legal father or
mother of the individual if that parent is either more than 65 years of age or
is permanently disabled from engaging in a gainful occupation.
(d) A brother or sister
of the individual if the brother or sister is orphaned or the living parents
are dependent parents of an individual, and the brother or sister is under 18
years of age, or 18 years of age or over if, because of physical or mental
infirmity, the brother or sister is unable to engage in a gainful occupation,
or is a full-time student as defined by the particular educational institution,
at a high school, vocational school, community or junior college, or college or
university and is less than 22 years of age.
(4) For benefit years
beginning on or after October 1, 2000, a dependent means any of the following
persons who received for at least 90 consecutive days immediately before the
first week of the benefit year or, in the case of a dependent husband, wife, or
child, for the duration of the marital or parental relationship if the
relationship existed less than 90 days before the beginning of the benefit
year, has received more than 1/2 the cost of his or her support from the
individual claiming the benefits:
(a) A child, including
stepchild, adopted child, or grandchild of the individual who is under 18 years
of age, or 18 years of age and over if, because of physical or mental
infirmity, the child is unable to engage in a gainful occupation, or is a
full-time student as defined by the particular educational institution, at a
high school, vocational school, community or junior college, or college or
university and has not attained the age of 22.
(b) The husband or wife
of the individual.
(c) The legal father or
mother of the individual if that parent is either more than 65 years of age or
is permanently disabled from engaging in a gainful occupation.
(d) A brother or sister
of the individual if the brother or sister is orphaned or the living parents
are dependent parents of an individual, and the brother or sister is under 18
years of age, or 18 years of age and over if, because of physical or mental
infirmity, the brother or sister is unable to engage in a gainful occupation,
or is a full-time student as defined by the particular educational institution,
at a high school, vocational school, community or junior college, or college or
university and is less than 22 years of age.
(5) The number of
dependents established for an individual at the beginning of the benefit year
shall remain in effect during the entire benefit year.
(6) Dependency status of
a dependent, child or otherwise, once established or fixed in favor of a person
is not transferable to or usable by another person with respect to the same
week.
Failure on the part of
an individual, due to misinformation or lack of information, to furnish all
information material for determination of the number of the individual's
dependents is good cause to issue a redetermination as to the amount of
benefits based on the number of the individual's dependents as of the beginning
of the benefit year.
(c) Subject to
subsection (f), all of the following apply to eligible individuals:
(1) Each eligible
individual must be paid a weekly benefit rate with respect to the week for
which the individual earns or receives no remuneration. Notwithstanding the
definition of week in section 50, if within 2 consecutive weeks in which an
individual was not unemployed within the meaning of section 48 there was a
period of 7 or more consecutive days for which the individual did not earn or
receive remuneration, that period is considered a week for benefit purposes under
this act if a claim for benefits for that period is filed not later than 30
days after the end of the period.
(2) The weekly benefit
rate is reduced with respect to each week in which the eligible individual
earns or receives remuneration at the rate of 40 cents for each whole $1.00 of
remuneration earned or received during that week. Beginning October 1, 2015, an
eligible individual's weekly benefit rate is reduced at the rate of 50 cents
for each whole $1.00 of remuneration in which the eligible individual earns or
receives remuneration in that benefit week. The weekly benefit rate is not
reduced under this subdivision for remuneration received for on-call or
training services as a volunteer firefighter, if the volunteer firefighter
receives less than $10,000.00 in a calendar year for services as a volunteer
firefighter.
(3) An individual who
receives or earns partial remuneration may not receive a total of benefits and
earnings that exceeds 1-3/5 times his or her weekly benefit amount. For each
dollar of total benefits and earnings that exceeds 1-3/5 times the individual's
weekly benefit amount, benefits are reduced by $1.00. Beginning October 1,
2015, the total benefits and earnings for an individual who receives or earns
partial remuneration may not exceed 1-1/2 times his or her weekly benefit
amount. The individual's benefits are reduced by $1.00 for each dollar by which
the total benefits and earnings exceed 1-1/2 times the individual's weekly
benefit amount.
(4) If the reduction in
a claimant's benefit rate for a week in accordance with subdivision (2) or (3)
results in a benefit rate greater than zero for that week, the claimant's
balance of weeks of benefit payments is reduced by 1 week.
(5) All remuneration for
work performed during a shift that terminates on 1 day but that began on the
preceding day is considered to have been earned by the eligible individual on
the preceding day.
(6) The unemployment
agency shall report annually to the legislature the following information with
regard to subdivisions (2) and (3):
(a) The number of
individuals whose weekly benefit rate was reduced at the rate of 40 or 50 cents
for each whole $1.00 of remuneration earned or received over the immediately
preceding calendar year.
(b) The number of
individuals who received or earned partial remuneration at or exceeding the
applicable limit of 1-1/2 or 1-3/5 times their weekly benefit amount prescribed
in subdivision (3) for any 1 or more weeks during the immediately preceding
calendar year.
(7) The unemployment
agency shall not use prorated quarterly wages to establish a reduction in
benefits under this subsection.
(d) Subject to
subsection (f) and this subsection, the maximum benefit amount payable to an
individual in a benefit year for purposes of this section and section 20(d) is
the number of weeks of benefits payable to an individual during the benefit
year, multiplied by the individual's weekly benefit rate. The number of weeks
of benefits payable to an individual shall be calculated by taking 43% of the
individual's base period wages and dividing the result by the individual's
weekly benefit rate. If the quotient is not a whole or half number, the result
is rounded down to the nearest half number. However, for each eligible
individual filing an initial claim before January 15, 2012, not more than 26
weeks of benefits or less than 14 weeks of benefits are payable to an
individual in a benefit year. For each eligible individual filing an initial
claim on or after January 15, 2012, not more than 20 weeks of benefits or less
than 14 weeks of benefits are payable to an individual in a benefit year. The
limitation of total benefits set forth in this subsection does not apply to
claimants declared eligible for training benefits in accordance with subsection
(g). Notwithstanding any other provision of this act, and
subject to available federal money or a state appropriation, with
respect to benefit years and claims for weeks beginning before January April 1, 2021,
for each eligible individual who files a claim for benefits and establishes a
benefit year, not more than 26 weeks of benefits or less than 14 weeks of
benefits may be payable to an individual in a benefit year.
(e) When a claimant dies
or is judicially declared insane or mentally incompetent, unemployment
compensation benefits accrued and payable to that person for weeks of
unemployment before death, insanity, or incompetency, but not paid, become due
and payable to the person who is the legal heir or guardian of the claimant or
to any other person found by the commission to be equitably entitled to the
benefits by reason of having incurred expense in behalf of the claimant for the
claimant's burial or other necessary expenses.
(f)(1) For benefit years
beginning before October 1, 2000, and notwithstanding any inconsistent
provisions of this act, the weekly benefit rate of each individual who is
receiving or will receive a "retirement benefit", as defined in
subdivision (4), is adjusted as provided in subparagraphs (a), (b), and (c).
However, an individual's extended benefit account and an individual's weekly
extended benefit rate under section 64 is established without reduction under
this subsection unless subdivision (5) is in effect. Except as otherwise
provided in this subsection, all other provisions of this act continue to apply
in connection with the benefit claims of those retired persons.
(a) If and to the extent
that unemployment benefits payable under this act would be chargeable to an
employer who has contributed to the financing of a retirement plan under which
the claimant is receiving or will receive a retirement benefit yielding a pro
rata weekly amount equal to or larger than the claimant's weekly benefit rate
as otherwise established under this act, the claimant must not receive
unemployment benefits that would be chargeable to the employer under this act.
(b) If and to the extent
that unemployment benefits payable under this act would be chargeable to an
employer who has contributed to the financing of a retirement plan under which
the claimant is receiving or will receive a retirement benefit yielding a pro
rata weekly amount less than the claimant's weekly benefit rate as otherwise
established under this act, then the weekly benefit rate otherwise payable to
the claimant and chargeable to the employer under this act is reduced by an
amount equal to the pro rata weekly amount, adjusted to the next lower multiple
of $1.00, which the claimant is receiving or will receive as a retirement
benefit.
(c) If the unemployment
benefit payable under this act would be chargeable to an employer who has not
contributed to the financing of a retirement plan under which the claimant is
receiving or will receive a retirement benefit, then the weekly benefit rate of
the claimant as otherwise established under this act is not reduced due to
receipt of a retirement benefit.
(d) If the unemployment
benefit payable under this act is computed on the basis of multiemployer credit
weeks and a portion of the benefit is allocable under section 20(e) to an
employer who has contributed to the financing of a retirement plan under which
the claimant is receiving or will receive a retirement benefit, the adjustments
required by subparagraph (a) or (b) apply only to that portion of the weekly
benefit rate that would otherwise be allocable and chargeable to the employer.
(2) If an individual's
weekly benefit rate under this act was established before the period for which
the individual first receives a retirement benefit, any benefits received after
a retirement benefit becomes payable must be determined in accordance with the
formula stated in this subsection.
(3) When necessary to
assure prompt payment of benefits, the commission shall determine the pro rata
weekly amount yielded by an individual's retirement benefit based on the best
information currently available to it. In the absence of fraud, a determination
must not be reconsidered unless it is established that the individual's actual
retirement benefit in fact differs from the amount determined by $2.00 or more
per week. The reconsideration applies only to benefits that may be claimed
after the information on which the reconsideration is based was received by the
commission.
(4)(a) As used in this
subsection, "retirement benefit" means a benefit, annuity, or pension
of any type or that part thereof that is described in subparagraph (b) that is
both:
(i) Provided as an incident of employment under an established
retirement plan, policy, or agreement, including federal Social Security if
subdivision (5) is in effect.
(ii) Payable to an individual because the individual has
qualified on the basis of attained age, length of service, or disability,
whether or not the individual retired or was retired from employment. Amounts
paid to individuals in the course of liquidation of a private pension or
retirement fund because of termination of the business or of a plant or
department of the business of the employer involved are not retirement
benefits.
(b) If a benefit as
described in subparagraph (a) is payable or paid to the individual under a plan
to which the individual has contributed:
(i) Less than 1/2 of the cost of the benefit, then only 1/2 of
the benefit is treated as a retirement benefit.
(ii) One-half or more of the cost of the benefit, then none of
the benefit is treated as a retirement benefit.
(c) The burden of
establishing the extent of an individual's contribution to the cost of his or
her retirement benefit for the purpose of subparagraph (b) is upon the employer
who has contributed to the plan under which a benefit is provided.
(5) Notwithstanding any
other provision of this subsection, for any week that begins after March 31,
1980, and with respect to which an individual is receiving a governmental or
other pension and claiming unemployment compensation, the weekly benefit amount
payable to the individual for those weeks is reduced, but not below zero, by
the entire prorated weekly amount of any governmental or other pension,
retirement or retired pay, annuity, or any other similar payment that is based
on any previous work of the individual. This reduction is made only if it is
required as a condition for full tax credit against the tax imposed by the
federal unemployment tax act, 26 USC 3301 to 3311.
(6) For benefit years
beginning on or after October 1, 2000, notwithstanding any inconsistent
provisions of this act, the weekly benefit rate of each individual who is
receiving or will receive a retirement benefit, as defined in subdivision (4),
is adjusted as provided in subparagraphs (a), (b), and (c). However, an individual's
extended benefit account and an individual's weekly extended benefit rate under
section 64 is established without reduction under this subsection, unless
subdivision (5) is in effect. Except as otherwise provided in this subsection,
all the other provisions of this act apply to the benefit claims of those
retired persons. However, if the reduction would impair the full tax credit
against the tax imposed by the federal unemployment tax act, 26 USC 3301 to
3311, unemployment benefits are not reduced as provided in subparagraphs (a),
(b), and (c) for receipt of any governmental or other pension, retirement or
retired pay, annuity, or other similar payment that was not includable in the
gross income of the individual for the taxable year in which it was received
because it was a part of a rollover distribution.
(a) If any base period
or chargeable employer has contributed to the financing of a retirement plan
under which the claimant is receiving or will receive a retirement benefit
yielding a pro rata weekly amount equal to or larger than the claimant's weekly
benefit rate as otherwise established under this act, the claimant is not
eligible to receive unemployment benefits.
(b) If any base period
employer or chargeable employer has contributed to the financing of a
retirement plan under which the claimant is receiving or will receive a
retirement benefit yielding a pro rata weekly amount less than the claimant's
weekly benefit rate as otherwise established under this act, then the weekly
benefit rate otherwise payable to the claimant is reduced by an amount equal to
the pro rata weekly amount, adjusted to the next lower multiple of $1.00, which
the claimant is receiving or will receive as a retirement benefit.
(c) If no base period or
separating employer has contributed to the financing of a retirement plan under
which the claimant is receiving or will receive a retirement benefit, then the
weekly benefit rate of the claimant as otherwise established under this act
shall not be reduced due to receipt of a retirement benefit.
(g) Notwithstanding any
other provision of this act, an individual pursuing vocational training or
retraining pursuant to section 28(2) who has exhausted all benefits available
under subsection (d) may be paid for each week of approved vocational training
pursued beyond the date of exhaustion a benefit amount in accordance with
subsection (c), but not in excess of the individual's most recent weekly
benefit rate. However, an individual must not be paid training benefits
totaling more than 18 times the individual's most recent weekly benefit rate.
The expiration or termination of a benefit year does not stop or interrupt
payment of training benefits if the training for which the benefits were
granted began before expiration or termination of the benefit year.
(h) A payment of accrued
unemployment benefits is not payable to an eligible individual or in behalf of
that individual as provided in subsection (e) more than 6 years after the
ending date of the benefit year covering the payment or 2 calendar years after
the calendar year in which there is final disposition of a contested case,
whichever is later.
(i) Benefits based on
service in employment described in section 42(8), (9), and (10) are payable in
the same amount, on the same terms, and subject to the same conditions as
compensation payable on the basis of other service subject to this act, except
that:
(1) With respect to
service performed in an instructional, research, or principal administrative
capacity for an institution of higher education as defined in section 53(2), or
for an educational institution other than an institution of higher education as
defined in section 53(3), benefits are not payable to an individual based on
those services for any week of unemployment beginning after December 31, 1977
that commences during the period between 2 successive academic years or during
a similar period between 2 regular terms, whether or not successive, or during
a period of paid sabbatical leave provided for in the individual's contract, to
an individual if the individual performs the service in the first of the
academic years or terms and if there is a contract or a reasonable assurance
that the individual will perform service in an instructional, research, or
principal administrative capacity for an institution of higher education or an
educational institution other than an institution of higher education in the
second of the academic years or terms, whether or not the terms are successive.
(2) With respect to
service performed in other than an instructional, research, or principal
administrative capacity for an institution of higher education as defined in
section 53(2) or for an educational institution other than an institution of
higher education as defined in section 53(3), benefits are not payable based on
those services for any week of unemployment beginning after December 31, 1977
that commences during the period between 2 successive academic years or terms
to any individual if that individual performs the service in the first of the
academic years or terms and if there is a reasonable assurance that the
individual will perform the service for an institution of higher education or
an educational institution other than an institution of higher education in the
second of the academic years or terms.
(3) With respect to any
service described in subdivision (1) or (2), benefits are not payable to an
individual based upon service for any week of unemployment that commences
during an established and customary vacation period or holiday recess if the
individual performs the service in the period immediately before the vacation
period or holiday recess and there is a contract or reasonable assurance that
the individual will perform the service in the period immediately following the
vacation period or holiday recess.
(4) If benefits are
denied to an individual for any week solely as a result of subdivision (2) and
the individual was not offered an opportunity to perform in the second academic
year or term the service for which reasonable assurance had been given, the
individual is entitled to a retroactive payment of benefits for each week for
which the individual had previously filed a timely claim for benefits. An
individual entitled to benefits under this subdivision may apply for those
benefits by mail in accordance with R 421.210 of the Michigan Administrative
Code as promulgated by the commission.
(5) Benefits based upon
services in other than an instructional, research, or principal administrative
capacity for an institution of higher education are not denied for any week of
unemployment commencing during the period between 2 successive academic years
or terms solely because the individual had performed the service in the first
of the academic years or terms and there is reasonable assurance that the
individual will perform the service for an institution of higher education or
an educational institution other than an institution of higher education in the
second of the academic years or terms, unless a denial is required as a condition
for full tax credit against the tax imposed by the federal unemployment tax
act, 26 USC 3301 to 3311.
(6) For benefit years
established before October 1, 2000, and notwithstanding subdivisions (1), (2),
and (3), the denial of benefits does not prevent an individual from completing
requalifying weeks in accordance with section 29(3) nor does the denial prevent
an individual from receiving benefits based on service with an employer other
than an educational institution for any week of unemployment occurring between
academic years or terms, whether or not successive, or during an established
and customary vacation period or holiday recess, even though the employer is
not the most recent chargeable employer in the individual's base period.
However, in that case section 20(b) applies to the sequence of benefit
charging, except for the employment with the educational institution, and
section 50(b) applies to the calculation of credit weeks. When a denial of
benefits under subdivision (1) no longer applies, benefits are charged in
accordance with the normal sequence of charging as provided in section 20(b).
(7) For benefit years
beginning on or after October 1, 2000, and notwithstanding subdivisions (1),
(2), and (3), the denial of benefits does not prevent an individual from
completing requalifying weeks in accordance with section 29(3) and does not
prevent an individual from receiving benefits based on service with another
base period employer other than an educational institution for any week of
unemployment occurring between academic years or terms, whether or not
successive, or during an established and customary vacation period or holiday
recess. However, if benefits are paid based on service with 1 or more base
period employers other than an educational institution, the individual's weekly
benefit rate is calculated in accordance with subsection (b)(1) but during the
denial period the individual's weekly benefit payment is reduced by the portion
of the payment attributable to base period wages paid by an educational
institution and the account or experience account of the educational
institution is not charged for benefits payable to the individual. When a
denial of benefits under subdivision (1) is no longer applicable, benefits are
paid and charged on the basis of base period wages with each of the base period
employers including the educational institution.
(8) For the purposes of
this subsection, "academic year" means that period, as defined by the
educational institution, when classes are in session for that length of time
required for students to receive sufficient instruction or earn sufficient
credit to complete academic requirements for a particular grade level or to
complete instruction in a noncredit course.
(9) In accordance with
subdivisions (1), (2), and (3), benefits for any week of unemployment are
denied to an individual who performed services described in subdivision (1),
(2), or (3) in an educational institution while in the employ of an educational
service agency. For the purpose of this subdivision, "educational service
agency" means a governmental agency or governmental entity that is
established and operated exclusively for the purpose of providing the services
to 1 or more educational institutions.
(j) Benefits are not
payable to an individual on the basis of any base period services,
substantially all of which consist of participating in sports or athletic
events or training or preparing to participate, for a week that commences
during the period between 2 successive sport seasons or similar periods if the
individual performed the services in the first of the seasons or similar
periods and there is a reasonable assurance that the individual will perform
the services in the later of the seasons or similar periods.
(k)(1) Benefits are not
payable on the basis of services performed by an alien unless the alien is an
individual who was lawfully admitted for permanent residence at the time the
services were performed, was lawfully present for the purpose of performing the
services, or was permanently residing in the United States under color of law
at the time the services were performed, including an alien who was lawfully
present in the United States under section 212(d)(5) of the immigration and
nationality act, 8 USC 1182.
(2) Any data or
information required of individuals applying for benefits to determine whether
benefits are payable because of their alien status are uniformly required from
all applicants for benefits.
(3) If an individual's
application for benefits would otherwise be approved, a determination that
benefits to that individual are not payable because of the individual's alien
status must not be made except upon a preponderance of the evidence.
(m)(1) An individual
filing a new claim for unemployment compensation under this act, at the time of
filing the claim, shall disclose whether the individual owes child support
obligations as defined in this subsection. If an individual discloses that he
or she owes child support obligations and is determined to be eligible for
unemployment compensation, the unemployment agency shall notify the state or
local child support enforcement agency enforcing the obligation that the
individual has been determined to be eligible for unemployment compensation.
(2) Notwithstanding
section 30, the unemployment agency shall deduct and withhold from any
unemployment compensation payable to an individual who owes child support
obligations by using whichever of the following methods results in the greatest
amount:
(a) The amount, if any,
specified by the individual to be deducted and withheld under this subdivision.
(b) The amount, if any,
determined pursuant to an agreement submitted to the commission under 42 USC
654(19)(B)(i), by the state or local child support enforcement agency.
(c) Any amount otherwise
required to be deducted and withheld from unemployment compensation by legal
process, as that term is defined in 42 USC 659(i)(5), properly served upon the
commission.
(3) The amount of
unemployment compensation subject to deduction under subdivision (2) is that
portion that remains payable to the individual after application of the
recoupment provisions of section 62(a) and the reduction provisions of
subsections (c) and (f).
(4) The unemployment
agency shall pay any amount deducted and withheld under subdivision (2) to the
appropriate state or local child support enforcement agency.
(5) Any amount deducted
and withheld under subdivision (2) is treated for all purposes as if it were
paid to the individual as unemployment compensation and paid by the individual
to the state or local child support enforcement agency in satisfaction of the
individual's child support obligations.
(6) Provisions
concerning deductions under this subsection apply only if the state or local
child support enforcement agency agrees in writing to reimburse and does
reimburse the unemployment agency for the administrative costs incurred by the
unemployment agency under this subsection that are attributable to child
support obligations being enforced by the state or local child support
enforcement agency. The administrative costs incurred are determined by the
unemployment agency. The unemployment agency, in its discretion, may require
payment of administrative costs in advance.
(7) As used in this
subsection:
(a) "Unemployment
compensation", for purposes of subdivisions (1) to (5), means any
compensation payable under this act, including amounts payable by the
unemployment agency pursuant to an agreement under any federal law providing
for compensation, assistance, or allowances with respect to unemployment.
(b) "Child support
obligations" includes only obligations that are being enforced pursuant to
a plan described in 42 USC 654 that has been approved by the Secretary of
Health and Human Services under 42 USC 651 to 669b.
(c) "State or local
child support enforcement agency" means any agency of this state or a
political subdivision of this state operating pursuant to a plan described in
subparagraph (b).
(n) Subsection (i)(2)
applies to services performed by school bus drivers employed by a private
contributing employer holding a contractual relationship with an educational
institution, but only if at least 75% of the individual's base period wages
with that employer are attributable to services performed as a school bus
driver. Subsection (i)(1) and (2) but not subsection (i)(3) applies to other
services described in those subdivisions that are performed by any employees
under an employer's contract with an educational institution or an educational
service agency.
(o)(1) For weeks of
unemployment beginning after July 1, 1996, unemployment benefits based on
services by a seasonal worker performed in seasonal employment are payable only
for weeks of unemployment that occur during the normal seasonal work period. Benefits
are not payable based on services performed in seasonal employment for any week
of unemployment beginning after March 28, 1996 that begins during the period
between 2 successive normal seasonal work periods to any individual if that
individual performs the service in the first of the normal seasonal work
periods and if there is a reasonable assurance that the individual will perform
the service for a seasonal employer in the second of the normal seasonal work
periods. If benefits are denied to an individual for any week solely as a
result of this subsection and the individual is not offered an opportunity to
perform in the second normal seasonal work period for which reasonable
assurance of employment had been given, the individual is entitled to a retroactive
payment of benefits under this subsection for each week that the individual
previously filed a timely claim for benefits. An individual may apply for any
retroactive benefits under this subsection in accordance with R 421.210 of the
Michigan Administrative Code.
(2) Not less than 20
days before the estimated beginning date of a normal seasonal work period, an
employer may apply to the commission in writing for designation as a seasonal
employer. At the time of application, the employer shall conspicuously display
a copy of the application on the employer's premises. Within 90 days after
receipt of the application, the commission shall determine if the employer is a
seasonal employer. A determination or redetermination of the commission
concerning the status of an employer as a seasonal employer, or a decision of
an administrative law judge, the Michigan compensation appellate commission, or
the courts of this state concerning the status of an employer as a seasonal
employer, which has become final, together with the record thereof, may be
introduced in any proceeding involving a claim for benefits, and the facts
found and decision issued in the determination, redetermination, or decision is
conclusive unless substantial evidence to the contrary is introduced by or on
behalf of the claimant.
(3) If the employer is
determined to be a seasonal employer, the employer shall conspicuously display
on its premises a notice of the determination and the beginning and ending
dates of the employer's normal seasonal work periods. The commission shall
furnish the notice. The notice must additionally specify that an employee must
timely apply for unemployment benefits at the end of a first seasonal work
period to preserve his or her right to receive retroactive unemployment
benefits if he or she is not reemployed by the seasonal employer in the second
of the normal seasonal work periods.
(4) The commission may
issue a determination terminating an employer's status as a seasonal employer
on the commission's own motion for good cause, or upon the written request of
the employer. A termination determination under this subdivision terminates an
employer's status as a seasonal employer, and becomes effective on the
beginning date of the normal seasonal work period that would have immediately
followed the date the commission issues the determination. A determination
under this subdivision is subject to review in the same manner and to the same
extent as any other determination under this act.
(5) An employer whose
status as a seasonal employer is terminated under subdivision (4) may not
reapply for a seasonal employer status determination until after a regularly
recurring normal seasonal work period has begun and ended.
(6) If a seasonal
employer informs an employee who received assurance of being rehired that,
despite the assurance, the employee will not be rehired at the beginning of the
employer's next normal seasonal work period, this subsection does not prevent
the employee from receiving unemployment benefits in the same manner and to the
same extent he or she would receive benefits under this act from an employer
who has not been determined to be a seasonal employer.
(7) A successor of a
seasonal employer is considered to be a seasonal employer unless the successor
provides the commission, within 120 days after the transfer, with a written
request for termination of its status as a seasonal employer in accordance with
subdivision (4).
(8) At the time an
employee is hired by a seasonal employer, the employer shall notify the
employee in writing if the employee will be a seasonal worker. The employer
shall provide the worker with written notice of any subsequent change in the
employee's status as a seasonal worker. If an employee of a seasonal employer
is denied benefits because that employee is a seasonal worker, the employee may
contest that designation in accordance with section 32a.
(9) As used in this
subsection:
(a) "Construction
industry" means the work activity designated in sector group 23 -
construction of the North American classification system - United States Office
of Management and Budget, 1997 edition.
(b) "Normal
seasonal work period" means that period or those periods of time
determined under rules promulgated by the unemployment agency during which an
individual is employed in seasonal employment.
(c) "Seasonal
employment" means the employment of 1 or more individuals primarily hired
to perform services during regularly recurring periods of 26 weeks or less in
any 52-week period other than services in the construction industry.
(d) "Seasonal
employer" means an employer, other than an employer in the construction
industry, who applies to the unemployment agency for designation as a seasonal
employer and who the unemployment agency determines is an employer whose
operations and business require employees engaged in seasonal employment. A
seasonal employer designation under this act need not correspond to a category
assigned under the North American classification system — United States Office
of Management and Budget.
(e) "Seasonal
worker" means a worker who has been paid wages by a seasonal employer for
work performed only during the normal seasonal work period.
(10) This subsection
does not apply if the United States Department of Labor finds it to be contrary
to the federal unemployment tax act, 26 USC 3301 to 3311, or the social
security act, chapter 531, 49 Stat 620, and if conformity with the federal law
is required as a condition for full tax credit against the tax imposed under
the federal unemployment tax act, 26 USC 3301 to 3311, or as a condition for
receipt by the commission of federal administrative grant funds under the
social security act, chapter 531, 49 Stat 620.
(p) Benefits are not
payable to an individual based upon his or her services as a school crossing
guard for any week of unemployment that begins between 2 successive academic
years or terms, if that individual performs the services of a school crossing guard
in the first of the academic years or terms and has a reasonable assurance that
he or she will perform those services in the second of the academic years or
terms.
Sec. 28c. (1) An employer that meets all of the following
requirements may apply to the unemployment agency for approval of a shared-work
plan:
(a) The employer has
filed all quarterly reports and other reports required under this act and has
paid all obligation assessments, contributions, reimbursements in lieu of
contributions, interest, and penalties due through the date of the employer's
application.
(b) If the employer is a
contributing employer, the employer's reserve in the employer's experience
account as of the most recent computation date preceding the date of the
employer's application is a positive number.
(c) The employer has
paid wages for the 12 consecutive calendar quarters preceding the date of the
employer's application.
(2) An application under
this section shall be made in the manner prescribed by the unemployment agency
and contain all of the following:
(a) The employer's
assurance that it will provide reports to the unemployment agency relating to
the operation of its shared-work plan at the times and in the manner prescribed
by the unemployment agency and containing all information required by the
unemployment agency.
(b) The employer's
assurance that it will not hire new employees in, or transfer employees to, the
affected unit during the effective period of the shared-work plan.
(c) The employer's
assurance that it will not lay off participating employees during the effective
period of the shared-work plan, or reduce participating employees' hours of
work by more than the reduction percentage during the effective period of the
shared-work plan, except in cases of holidays, designated vacation periods,
equipment maintenance, or similar circumstances.
(d) The employer's
certification that it has obtained the approval of any applicable collective
bargaining unit representative and has notified all affected employees who are
not in a collective bargaining unit of the proposed shared-work plan.
(e) A list of the week
or weeks within the requested effective period of the plan during which
participating employees are anticipated to work fewer hours than the number of
hours determined under section 28d(1)(e) due to circumstances listed in
subdivision (c).
(f) The employer's
certification that the implementation of a shared-work plan is in lieu of
layoffs that would affect at least 15% or, until December
31, 2020, March 31, 2021, 10%, of the
employees in the affected unit and would result in an equivalent reduction in
work hours.
(g) The employer's
assurance that it will abide by all terms and conditions of sections 28b to
28m.
(h) The employer's
certification that, to the best of his or her knowledge, participation in the
shared-work plan is consistent with the employer's obligations under federal
law and the law of this state.
(i) Any other relevant
information required by the unemployment agency.
(3) An employer may
apply to the unemployment agency for approval of more than 1 shared-work plan.
(4) Notwithstanding any
other provision of this act, until December 31, 2020, March 31, 2021, the unemployment agency may approve a
shared-work plan submitted by an employer even if the employer does not meet
the requirements of subsection (1) or (2)(b).
Sec. 28d. (1) The unemployment agency shall approve a
shared-work plan only if the plan meets all of the following requirements:
(a) The shared-work plan
applies to 1 affected unit.
(b) All employees in the
affected unit are participating employees, except that, until December 31, 2020, March 31,
2021, an employee whose hours of work per week determined under
subdivision (e) are 40 or more hours must not be a participating employee.
(c) There are no fewer
than 2 participating employees, determined without regard to corporate
officers.
(d) The participating
employees are identified by name and Social Security number.
(e) The number of hours
a participating employee will work each week during the effective period of the
shared-work plan is the number of the employee's normal weekly hours of work
reduced by the reduction percentage.
(f) The plan includes an
estimate of the number of employees who would have been laid off if the plan
were not implemented.
(g) The plan indicates
the manner in which the employer will give advance notice, if feasible, to an
employee whose hours of work per week under the plan will be reduced.
(h) As a result of a
decrease in the number of hours worked by each participating employee, there is
a corresponding reduction in wages.
(i) The shared-work plan
does not affect the fringe benefits of any participating employee.
(j) The specified
effective period of the shared-work plan is 52 consecutive weeks or less and
the benefits payable under the shared-work plan will not exceed 20 times the
weekly benefit amount for each participating employee, calculated without
regard to any existing benefit year.
(k) The reduction
percentage satisfies the requirements of subsection (2).
(2) The reduction
percentage under an approved shared-work plan shall meet all of the following
requirements:
(a) The reduction
percentage shall be no less than 15% and no more than 45% or, until December 31, 2020, March 31,
2021, no less than 10% and no more than 60%.
(b) The reduction
percentage shall be the same for all participating employees.
(c) The reduction
percentage shall not change during the period of the shared-work plan unless
the plan is modified in accordance with section 28i.
Sec. 29. (1)
Except as provided in subsection (5), an individual is disqualified from
receiving benefits if he or she:
(a)
Left work voluntarily without good cause attributable to the employer or
employing unit. An individual who left work is presumed to have left work
voluntarily without good cause attributable to the employer or employing unit.
An individual who is absent from work for a period of 3 consecutive work days
or more without contacting the employer in a manner acceptable to the employer
and of which the individual was informed at the time of hire shall be is considered to have
voluntarily left work without good cause attributable to the employer. An
individual who becomes unemployed as a result of negligently losing a
requirement for the job of which he or she was informed at the time of hire shall be is considered to have
voluntarily left work without good cause attributable to the employer. An
individual claiming benefits under this act has the burden of proof to
establish that he or she left work involuntarily or for good cause that was
attributable to the employer or employing unit. An individual claiming to have
left work involuntarily for medical reasons must have done all of the following
before the leaving: secured a statement from a medical professional that
continuing in the individual's current job would be harmful to the individual's
physical or mental health, unsuccessfully attempted to secure alternative work
with the employer, and unsuccessfully attempted to be placed on a leave of
absence with the employer to last until the individual's mental or physical
health would no longer be harmed by the current job. Notwithstanding any other
provision of this act, with respect to claims for weeks beginning before January April 1, 2021, an
individual is considered to have left work involuntarily for medical reasons if
he or she leaves work to self-isolate or self-quarantine in response to
elevated risk from COVID-19 because he or she is immunocompromised, displayed a
commonly recognized principal symptom of COVID-19 that was not otherwise
associated with a known medical or physical condition of the individual, had
contact in the last 14 days with an individual with a confirmed diagnosis of
COVID-19, needed to care for an individual with a confirmed diagnosis of
COVID-19, or had a family care responsibility that was the result of a
government directive regarding COVID-19. Notwithstanding any other provision of
this act, with respect to claims for weeks beginning before January April 1, 2021, the
unemployment agency may consider an individual laid off if the individual
became unemployed to self-isolate or self-quarantine in response to elevated
risk from COVID-19 because he or she is immunocompromised, displayed a commonly
recognized principal symptom of COVID-19 that was not otherwise associated with
a known medical or physical condition of the individual, had contact in the
last 14 days with an individual with a confirmed diagnosis of COVID-19, needed
to care for an individual with a confirmed diagnosis of COVID-19, or had a
family care responsibility that was the result of a government directive
regarding COVID-19. However, if any of the following conditions are met, the
leaving does not disqualify the individual:
(i) The individual has an established
benefit year in effect and during that benefit year leaves unsuitable work
within 60 days after the beginning of that work. Benefits paid after a leaving
under this subparagraph shall
must not
be charged to the experience account of the employer the individual left, but shall must be charged instead
to the nonchargeable benefits account.
(ii) The individual is the spouse of a
full-time member of the United States Armed Forces, and the leaving is due to
the military duty reassignment of that member of the United States Armed Forces
to a different geographic location. Benefits paid after a leaving under this
subparagraph shall must not be charged to
the experience account of the employer the individual left, but shall must be charged instead
to the nonchargeable benefits account.
(iii) The individual is concurrently
working part-time for an employer or employing unit and for another employer or
employing unit and voluntarily leaves the part-time work while continuing work
with the other employer. The portion of the benefits paid in accordance with
this subparagraph that would otherwise be charged to the experience account of
the part-time employer that the individual left shall must not be charged to the account of that
employer but shall must be charged instead
to the nonchargeable benefits account.
(iv) The
individual is a victim of domestic violence who meets the requirements in
section 29a. Benefits paid after a leaving under this subparagraph must not be
charged to the experience account of the employer the individual left, but must
be charged instead to the nonchargeable benefits account. This subparagraph
does not apply after March 31, 2021.
(b) Was
suspended or discharged for misconduct connected with the individual's work or
for intoxication while at work.
(c)
Failed without good cause to apply diligently for available suitable work after
receiving notice from the unemployment agency of the availability of that work
or failed to apply for work with employers that could reasonably be expected to
have suitable work available.
(d)
Failed without good cause while unemployed to report to the individual's former
employer or employing unit within a reasonable time after that employer or
employing unit provided notice of the availability of an interview concerning
available suitable work with the former employer or employing unit.
(e)
Failed without good cause to accept suitable work offered to the individual or
to return to the individual's customary self-employment, if any, when directed
by the employment office or the unemployment agency. An employer that receives
a monetary determination under section 32 may notify the unemployment agency
regarding the availability of suitable work with the employer on the monetary
determination or other form provided by the unemployment agency. Upon receipt
of the notice of the availability of suitable work, the unemployment agency
shall notify the claimant of the availability of suitable work.
(f)
Lost his or her job due to absence from work resulting from a violation of law
for which the individual was convicted and sentenced to jail or prison. This
subdivision does not apply if conviction of an individual results in a sentence
to county jail under conditions of day parole as provided in 1962 PA 60, MCL
801.251 to 801.258, or if the conviction was for a traffic violation that
resulted in an absence of less than 10 consecutive work days from the
individual's place of employment.
(g) Is
discharged, whether or not the discharge is subsequently reduced to a
disciplinary layoff or suspension, for participation in either of the
following:
(i) A strike or other concerted action
in violation of an applicable collective bargaining agreement that results in
curtailment of work or restriction of or interference with production.
(ii) A wildcat strike or other
concerted action not authorized by the individual's recognized bargaining
representative.
(h) Was
discharged for an act of assault and battery connected with the individual's
work.
(i) Was
discharged for theft connected with the individual's work.
(j) Was
discharged for willful destruction of property connected with the individual's
work.
(k)
Committed a theft after receiving notice of a layoff or discharge, but before
the effective date of the layoff or discharge, resulting in loss or damage to
the employer who would otherwise be chargeable for the benefits, regardless of
whether the individual qualified for the benefits before the theft.
(l) Was employed by a temporary help
firm, which as used in this section means an employer whose primary business is
to provide a client with the temporary services of 1 or more individuals under
contract with the employer, to perform services for a client of that firm if
each of the following conditions is met:
(i) The temporary help firm provided
the employee with a written notice before the employee began performing
services for the client stating in substance both of the following:
(A)
That within 7 days after completing services for a client of the temporary help
firm, the employee is under a duty to notify the temporary help firm of the
completion of those services.
(B)
That a failure to provide the temporary help firm with notice of the employee's
completion of services pursuant to sub-subparagraph (A) constitutes a voluntary
quit that will affect the employee's eligibility for unemployment compensation should if the employee seek seeks unemployment
compensation following completion of those services.
(ii) The employee did not provide the
temporary help firm with notice that the employee had completed his or her
services for the client within 7 days after completion of his or her services
for the client.
(m) Was
discharged for illegally ingesting, injecting, inhaling, or possessing a
controlled substance on the premises of the employer; refusing to submit to a
drug test that was required to be administered in a nondiscriminatory manner;
or testing positive on a drug test, if the test was administered in a
nondiscriminatory manner. If the worker disputes the result of the testing, and
if a generally accepted confirmatory test has not been administered on the same
sample previously tested, then a generally accepted confirmatory test shall must be administered on
that sample. If the confirmatory test also indicates a positive result for the
presence of a controlled substance, the worker who is discharged as a result of
the test result will be disqualified under this subdivision. A report by a drug
testing facility showing a positive result for the presence of a controlled
substance is conclusive unless there is substantial evidence to the contrary.
As used in this subdivision:
and subdivision (e):
(i) "Controlled substance"
means that term as defined in section 7104 of the public health code, 1978 PA
368, MCL 333.7104.
(ii) "Drug test" means a test
designed to detect the illegal use of a controlled substance.
(iii) "Nondiscriminatory
manner" means administered impartially and objectively in accordance with
a collective bargaining agreement, rule, policy, a verbal or written notice, or
a labor-management contract.
(n)
Theft from the employer that resulted in the employee's conviction, within 2
years of the date of the discharge, of theft or a lesser included offense.
(2) A
disqualification under subsection (1) begins the week in which the act or
discharge that caused the disqualification occurs and continues until the
disqualified individual requalifies under subsection (3).
(3)
After the week in which the disqualifying act or discharge described in
subsection (1) occurs, an individual who seeks to requalify for benefits is
subject to all of the following:
(a) For
benefit years established before October 1, 2000, the individual shall must complete 6
requalifying weeks if he or she was disqualified under subsection (1)(c), (d),
(e), (f), (g), or (l), or 13 requalifying weeks if he or she was disqualified under
subsection (1)(h), (i), (j), (k), or (m). A requalifying week required under
this subdivision is each week in which the individual does any of the
following:
(i) Earns or receives remuneration in
an amount at least equal to an amount needed to earn a credit week, as that
term is defined in section 50.
(ii) Otherwise meets all of the
requirements of this act to receive a benefit payment if the individual were
not disqualified under subsection (1).
(iii) Receives a benefit payment based
on credit weeks subsequent to the disqualifying act or discharge.
(b) For
benefit years established before October 1, 2000, if the individual is
disqualified under subsection (1)(a) or (b), he or she shall must requalify, after
the week in which the disqualifying discharge occurred by earning in employment
for an employer liable under this act or the unemployment compensation act of
another state an amount equal to, or in excess of, 7 times the individual's
potential weekly benefit rate, calculated on the basis of employment with the
employer involved in the disqualification, or by earning in employment for an
employer liable under this act or the unemployment compensation act of another
state an amount equal to, or in excess of, 40 times the state minimum hourly
wage times 7, whichever is the lesser amount.
(c) For
benefit years established before October 1, 2000, a benefit payable to an
individual disqualified under subsection (1)(a) or (b) shall must be charged to the
nonchargeable benefits account, and not to the account of the employer with
whom the individual was involved in the disqualification.
(d) For
benefit years beginning on or after October 1, 2000, after the week in which
the disqualifying act or discharge occurred, an individual shall must complete 13
requalifying weeks if he or she was disqualified under subsection (1)(c), (d),
(e), (f), (g), or (l), or 26 requalifying weeks if he or she was disqualified under
subsection (1)(h), (i), (j), (k), (m), or (n). A requalifying week required
under this subdivision is each week in which the individual does any of the
following:
(i) Earns or receives remuneration in
an amount equal to at least 1/13 of the minimum amount needed in a calendar
quarter of the base period for an individual to qualify for benefits, rounded
down to the nearest whole dollar.
(ii) Otherwise meets all of the
requirements of this act to receive a benefit payment if the individual was not
disqualified under subsection (1).
(e) For
benefit years beginning on or after October 1, 2000 and beginning before April
26, 2002, if the individual is disqualified under subsection (1)(a) or (b), he
or she shall must requalify, after
the week in which the disqualifying act or discharge occurred by earning in
employment for an employer liable under this act or the unemployment
compensation law of another state at least the lesser of the following:
(i) Seven times the individual's
weekly benefit rate.
(ii) Forty times the state minimum
hourly wage times 7.
(f) For
benefit years beginning on or after April 26, 2002, if the individual is
disqualified under subsection (1)(a), he or she shall must requalify, after the week in which the
disqualifying act or discharge occurred by earning in employment for an
employer liable under this act or the unemployment compensation law of another
state at least 12 times the individual's weekly benefit rate.
(g) For
benefit years beginning on or after April 26, 2002, if the individual is
disqualified under subsection (1)(b), he or she shall must requalify, after the week in which the
disqualifying act or discharge occurred by earning in employment for an
employer liable under this act or the unemployment compensation law of another
state at least 17 times the individual's weekly benefit rate.
(h) A
benefit payable to the individual disqualified or separated under disqualifying
circumstances under subsection (1)(a) or (b) shall must be charged to the nonchargeable benefits
account, and not to the account of the employer with whom the individual was
involved in the separation. Benefits payable to an individual determined by the
unemployment agency to be separated under disqualifying circumstances shall must not be charged to
the account of the employer involved in the disqualification for any period
after the employer notifies the unemployment agency of the claimant's possible
ineligibility or disqualification. However, an individual filing a new claim
for benefits who reports the reason for separation from a base period employer
as a voluntary leaving shall
be is presumed
to have voluntarily left without good cause attributable to the employer and shall be is disqualified unless
the individual provides substantial evidence to rebut the presumption. If a
disqualifying act or discharge occurs during the individual's benefit year, any
benefits that may become payable to the individual in a later benefit year
based on employment with the employer involved in the disqualification shall must be charged to the
nonchargeable benefits account.
(4) The
maximum amount of benefits otherwise available under section 27(d) to an
individual disqualified under subsection (1) is subject to all of the following
conditions:
(a) For
benefit years established before October 1, 2000, if the individual is
disqualified under subsection (1)(c), (d), (e), (f), (g), or (l) and the maximum amount of benefits
is based on wages and credit weeks earned from an employer before an act or
discharge involving that employer, the amount shall must be reduced by an amount equal to the
individual's weekly benefit rate as to that employer multiplied by the lesser
of either of the following:
(i) The number of requalifying weeks
required of the individual under this section.
(ii) The number of weeks of benefit
entitlement remaining with that employer.
(b) If
the individual has insufficient or no potential benefit entitlement remaining
with the employer involved in the disqualification in the benefit year in
existence on the date of the disqualifying determination, a reduction of
benefits described in this subsection applies in a succeeding benefit year with
respect to any benefit entitlement based upon credit weeks earned with the
employer before the disqualifying act or discharge.
(c) For
benefit years established before October 1, 2000, an individual disqualified
under subsection (1)(h), (i), (j), (k), or (m) is not entitled to benefits
based on wages and credit weeks earned before the disqualifying act or
discharge with the employer involved in the disqualification.
(d) The
benefit entitlement of an individual disqualified under subsection (1)(a) or
(b) is not subject to reduction as a result of that disqualification.
(e) A
denial or reduction of benefits under this subsection does not apply to
benefits based upon multiemployer credit weeks.
(f) For
benefit years established on or after October 1, 2000, if the individual is
disqualified under subsection (1)(c), (d), (e), (f), (g), or (l), the maximum number of weeks
otherwise applicable in calculating benefits for the individual under section
27(d) shall must be reduced by the
lesser of the following:
(i) The number of requalifying weeks
required of the individual under this section.
(ii) The number of weeks of benefit
entitlement remaining on the claim.
(g) For
benefit years beginning on or after October 1, 2000, the benefits of an
individual disqualified under subsection (1)(h), (i), (j), (k), (m), or (n) shall must be reduced by 13
weeks and any weekly benefit payments made to the claimant thereafter shall must be reduced by the
portion of the payment attributable to base period wages paid by the base
period employer involved in a disqualification under subsection (1)(h), (i),
(j), (k), (m), or (n).
(5)
Subject to subsection (11), if an individual leaves work to accept permanent
full-time work with another employer or to accept a referral to another
employer from the individual's union hiring hall and performs services for that
employer, or if an individual leaves work to accept a recall from a former
employer, all of the following apply:
(a)
Subsection (1) does not apply.
(b)
Wages earned with the employer whom the individual last left, including wages
previously transferred under this subsection to the last employer, for the
purpose of computing and charging benefits, are wages earned from the employer
with whom the individual accepted work or recall, and benefits paid based upon
those wages shall must be charged to that
employer.
(c)
When issuing a determination covering the period of employment with a new or
former employer described in this subsection, the unemployment agency shall
advise the chargeable employer of the name and address of the other employer,
the period covered by the employment, and the extent of the benefits that may
be charged to the account of the chargeable employer.
(6) In
determining whether work is suitable for an individual, the unemployment agency
shall consider the degree of risk involved to the individual's health, safety,
and morals, the individual's physical fitness and prior training, the
individual's length of unemployment and prospects for securing local work in
the individual's customary occupation, and the distance of the available work
from the individual's residence. Additionally, the unemployment agency shall
consider the individual's experience and prior earnings, but an unemployed
individual who refuses an offer of work determined to be suitable under this
section shall must be denied benefits
if the pay rate for that work is at least 70% of the gross pay rate he or she
received immediately before becoming unemployed. Beginning January 15, 2012,
after an individual has received benefits for 50% of the benefit weeks in the
individual's benefit year, work shall is not be considered unsuitable because it is
outside of the individual's training or experience or unsuitable as to pay rate
if the pay rate for that work meets or exceeds the minimum wage; is at least
the prevailing mean wage for similar work in the locality for the most recent
full calendar year for which data are available as published by the department
of technology, management, and budget as "wages by job title", by
standard metropolitan statistical area; and is 120% or more of the individual's
weekly benefit amount.
(7)
Work is not suitable and benefits shall must not be denied under this act to an
otherwise eligible individual for refusing to accept new work under any of the
following conditions:
(a) If
the position offered is vacant due directly to a strike, lockout, or other
labor dispute.
(b) If
the remuneration, hours, or other conditions of the work offered are
substantially less favorable to the individual than those prevailing for
similar work in the locality.
(c) If
as a condition of being employed, the individual would be required to join a
company union or to resign from or refrain from joining a bona fide labor
organization.
(8) All
of the following apply to an individual who seeks benefits under this act:
(a) An
individual is disqualified from receiving benefits for a week in which the
individual's total or partial unemployment is due to either of the following:
(i) A labor dispute in active progress
at the place at which the individual is or was last employed, or a shutdown or
start-up operation caused by that labor dispute.
(ii) A labor dispute, other than a
lockout, in active progress or a shutdown or start-up operation caused by that
labor dispute in any other establishment within the United States that is both
functionally integrated with the establishment described in subparagraph (i) and operated by the same employing
unit.
(b) An
individual's disqualification imposed or imposable under this subsection is
terminated if the individual performs services in employment with an employer
in at least 2 consecutive weeks falling wholly within the period of the
individual's total or partial unemployment due to the labor dispute, and in
addition earns wages in each of those weeks in an amount equal to or greater
than the individual's actual or potential weekly benefit rate.
(c) An
individual is not disqualified under this subsection if the individual is not
directly involved in the labor dispute. An individual is not directly involved
in a labor dispute unless any of the following are established:
(i) At the time or in the course of a
labor dispute in the establishment in which the individual was then employed,
the individual in concert with 1 or more other employees voluntarily stopped
working other than at the direction of the individual's employing unit.
(ii) The individual is participating
in, financing, or directly interested in the labor dispute that causes the
individual's total or partial unemployment. The payment of regular union dues,
in amounts and for purposes established before the inception of the labor
dispute, is not financing a labor dispute within the meaning of this
subparagraph.
(iii) At any time a labor dispute in the
establishment or department in which the individual was employed does not
exist, and the individual voluntarily stops working, other than at the
direction of the individual's employing unit, in sympathy with employees in
some other establishment or department in which a labor dispute is in progress.
(iv) The individual's total or partial
unemployment is due to a labor dispute that was or is in progress in a
department, unit, or group of workers in the same establishment.
(d) As
used in this subsection, "directly interested" shall must be construed and
applied so as not to disqualify individuals unemployed as a result of a labor
dispute the resolution of which may not reasonably be expected to affect their
wages, hours, or other conditions of employment, and to disqualify individuals
whose wages, hours, or conditions of employment may reasonably be expected to
be affected by the resolution of the labor dispute. A "reasonable
expectation" of an effect on an individual's wages, hours, or other
conditions of employment exists, in the absence of a substantial preponderance
of evidence to the contrary, in any of the following situations:
(i) If it is established that there is
in the particular establishment or employing unit a practice, custom, or
contractual obligation to extend within a reasonable period to members of the
individual's grade or class of workers in the establishment in which the
individual is or was last employed changes in terms and conditions of
employment that are substantially similar or related to some or all of the
changes in terms and conditions of employment that are made for the workers
among whom there exists the labor dispute that has caused the individual's
total or partial unemployment.
(ii) If it is established that l of the
issues in or purposes of the labor dispute is to obtain a change in the terms
and conditions of employment for members of the individual's grade or class of
workers in the establishment in which the individual is or was last employed.
(iii) If a collective bargaining
agreement covers both the individual's grade or class of workers in the
establishment in which the individual is or was last employed and the workers
in another establishment of the same employing unit who are actively
participating in the labor dispute, and that collective bargaining agreement is
subject by its terms to modification, supplementation, or replacement, or has
expired or been opened by mutual consent at the time of the labor dispute.
(e) In
determining the scope of the grade or class of workers, evidence of the
following is relevant:
(i) Representation of the workers by the
same national or international organization or by local affiliates of that
national or international organization.
(ii) Whether the workers are included
in a single, legally designated, or negotiated bargaining unit.
(iii) Whether the workers are or within
the past 6 months have been covered by a common master collective bargaining
agreement that sets forth all or any part of the terms and conditions of the
workers' employment, or by separate agreements that are or have been bargained
as a part of the same negotiations.
(iv) Any functional integration of the
work performed by those workers.
(v) Whether the resolution of those
issues involved in the labor dispute as to some of the workers could directly
or indirectly affect the advancement, negotiation, or settlement of the same or
similar issues in respect to the remaining workers.
(vi) Whether the workers are currently
or have been covered by the same or similar demands by their recognized or
certified bargaining agent or agents for changes in their wages, hours, or
other conditions of employment.
(vii) Whether issues on the same subject
matter as those involved in the labor dispute have been the subject of
proposals or demands made upon the employing unit that would by their terms
have applied to those workers.
(9)
Notwithstanding subsections (1) to (8), if the employing unit submits notice to
the unemployment agency of possible ineligibility or disqualification beyond
the time limits prescribed by unemployment agency rule and the unemployment
agency concludes that benefits should not have been paid, the claimant shall
repay the benefits paid during the entire period of ineligibility or
disqualification. The unemployment agency shall not charge interest on
repayments required under this subsection.
(10) An
individual is disqualified from receiving benefits for any week or part of a
week in which the individual has received, is receiving, or is seeking
unemployment benefits under an unemployment compensation law of another state
or of the United States. If the appropriate agency of the other state or of the
United States finally determines that the individual is not entitled to
unemployment benefits, the disqualification described in this subsection does
not apply.
(11)
Beginning on May 1, 2020, and until the effective date of the amendatory act
that added this subsection, if an individual leaves work to accept permanent
full-time work with another employer, the individual is considered to have met
the requirements of subsection (5) regardless of whether the individual
actually performed services for the other employer or whether the work was
permanent full-time work. Benefits payable to the individual must be charged to
the nonchargeable benefits account.
Sec. 29a. (1) Notwithstanding any other provision of this act, subject
to subsection (5), an otherwise eligible individual, as described in section
29(1)(a)(iv), is not disqualified from receiving benefits if the
individual demonstrates to the commission that the reason for the individual's
leaving work is due to domestic violence, including 1 or more of the following:
(a) The
individual's reasonable fear of future domestic violence at or en route to or
from the individual's place of employment.
(b) The
individual's need to relocate to another geographic area to avoid future
domestic violence.
(c) The
individual's need to address the physical, psychological, or legal effects of
domestic violence.
(d) The
individual's need to leave employment as a condition of receiving services or
shelter from an agency that provides support services or shelter to victims of
domestic violence.
(e) The
individual's reasonable belief that termination of employment is necessary for
the future safety of the individual or the individual's family because of
domestic violence.
(2) An individual
may demonstrate to the unemployment agency the existence of domestic violence
by providing 1 or more documents, including, but not limited to, the following:
(a) A restraining
order or other documentation of equitable relief issued by a court of competent
jurisdiction in a domestic violence case.
(b) A police
record documenting domestic violence.
(c) Documentation
that the perpetrator of the domestic violence against the individual making a
claim for benefits under this act has been convicted of a crime involving
domestic violence.
(d) Medical
documentation of domestic violence.
(e) A statement
provided on business or organization letterhead by a counselor, social worker,
health worker, member of the clergy, shelter worker, attorney, or other
professional who has assisted the individual in addressing the effects of the
domestic violence on the individual or the individual's family.
(3) The
unemployment agency shall not disclose evidence of domestic violence
experienced by an individual, including the individual's statement or
corroborating evidence.
(4) As used in
this section:
(a)
"Domestic violence" means any of the following that are not acts of
self-defense:
(i) Causing or
attempting to cause physical or mental harm to a family or household member.
(ii) Placing a
family or household member in fear of physical or mental harm.
(iii) Causing or
attempting to cause a family or household member to engage in involuntary
sexual activity by force, threat of force, or duress.
(iv) Engaging in
activity toward a family or household member that would cause a reasonable
person to feel terrorized, frightened, intimidated, threatened, harassed, or
molested.
(b) "Family
or household member" includes any of the following:
(i) A spouse or
former spouse.
(ii) An individual
with whom the person resides or has resided.
(iii) An individual
with whom the person has or has had a dating relationship.
(iv) An individual
with whom the person is or has engaged in a sexual relationship.
(v) An individual
to whom the person is related or was formerly related by marriage.
(vi) An individual
with whom the person has a child in common.
(vii) The minor child
of an individual described in subparagraphs (i) to (vi).
(5) This section does not apply after March 31, 2021.
Sec. 32. (a) Claims for benefits shall be made pursuant to
regulations prescribed by the unemployment agency. The unemployment agency
shall designate representatives who shall promptly examine claims and make a
determination on the facts. The unemployment agency may establish rules
providing for the examination of claims, the determination of the validity of
the claims, and the amount and duration of benefits to be paid. The claimant
and other interested parties shall be promptly notified of the determination
and the reasons for the determination.
(b) The unemployment
agency shall mail to the claimant, to each base period employer or employing
unit, and to the separating employer or employing unit, a monetary
determination. The monetary determination shall notify each of these employers
or employing units that the claimant has filed an application for benefits and
the amount the claimant reported as earned with the separating employer or
employing unit, and shall state the name of each employer or employing unit in
the base period and the name of the separating employer or employing unit. The
monetary determination shall also state the claimant's weekly benefit rate, the
amount of base period wages paid by each base period employer, the maximum
benefit amount that could be charged to each employer's account or experience
account, and the reason for separation reported by the claimant. The monetary
determination shall also state whether the claimant is monetarily eligible to
receive unemployment benefits. Except for separations under section 29(1)(a),
no further reconsideration of a separation from any base period employer will
be made unless the base period employer notifies the unemployment agency of a
possible disqualifying separation within 30 days of the separation in
accordance with this subsection. Charges to the employer and payments to the
claimant shall be as described in section 20(a). New, additional, or corrected
information received by the unemployment agency more than 10 days after mailing
the monetary determination shall be considered a request for reconsideration by
the employer of the monetary determination and shall be reviewed as provided in
section 32a.
(c) For the purpose of
determining a claimant's nonmonetary eligibility and qualification for
benefits, if the claimant's most recent base period or benefit year separation
was for a reason other than the lack of work, then a determination shall be
issued concerning that separation to the claimant and to the separating
employer. If a claimant is not disqualified based on his or her most recent
separation from employment and has satisfied the requirements of section 29,
the unemployment agency shall issue a nonmonetary determination as to that
separation only. If a claimant is not disqualified based on his or her most
recent separation from employment and has not satisfied the requirements of
section 29, the unemployment agency shall issue 1 or more nonmonetary
determinations necessary to establish the claimant's qualification for benefits
based on any prior separation in inverse chronological order. The unemployment
agency shall consider all base period separations involving disqualifications under
section 29(1)(h), (i), (j), (k), (m), or (n) in determining a claimant's
nonmonetary eligibility and qualification for benefits. An employer may
designate in writing to the unemployment agency an individual or another
employer or an employing unit to receive any notice required to be given by the
unemployment agency to that employer or to represent that employer in any
proceeding before the unemployment agency as provided in section 31.
Notwithstanding any other provision of this act, beginning May 1, 2020, and
until the effective date of the amendatory act that added this subsection, in
determining a claimant's nonmonetary eligibility to qualify for benefits, the
unemployment agency shall not issue a determination with respect to the
claimant's separation from a base period or benefit year employer other than
the separating employer, and the unemployment agency shall consider the
claimant to have satisfied the requirements of section 29(2) and (3).
(d) If the unemployment
agency requests additional monetary or nonmonetary information from an employer
or employing unit and the unemployment agency fails to receive a written
response from the employer or employing unit within 10 calendar days after the
date of mailing the request for information, the unemployment agency shall make
a determination based upon the available information at the time the
determination is made. Charges to the employer and payments to the claimant
shall be as described in section 20(a).
(e) The claimant or
interested party may file an application with an office of the unemployment
agency for a redetermination in accordance with section 32a.
(f) The issuance of each
benefit check shall be considered a determination by the unemployment agency
that the claimant receiving the check was covered during the compensable
period, and eligible and qualified for benefits. A chargeable employer, upon
receipt of a listing of the check as provided in section 21(a), may protest by
requesting a redetermination of the claimant's eligibility or qualification as
to that period and a determination as to later weeks and benefits still unpaid
that are affected by the protest. Upon receipt of the protest or request, the
unemployment agency shall investigate and redetermine whether the claimant is
eligible and qualified as to that period. If, upon the redetermination, the
claimant is found ineligible or not qualified, the unemployment agency shall
proceed as described in section 62. In addition, the unemployment agency shall
investigate and determine whether the claimant obtained benefits for 1 or more
preceding weeks within the series of consecutive weeks that includes the week
covered by the redetermination and, if so, shall proceed as described in
section 62 as to those weeks. Notwithstanding any other provision of this act,
for benefits charged after March 15, 2020 but before January
April 1, 2021, an employer has 1 year after
the date a benefit payment is charged against the employer's account to protest
that charge.
(g) If a claimant
commences to file continued claims through a different state claim office in
this state or elsewhere, the unemployment agency promptly shall issue written
notice of that fact to the chargeable employer.
(h) If a claimant
refuses an offer of work, or fails to apply for work of which the claimant has
been notified, as provided in section 29(1)(c) or (e), the unemployment agency
shall promptly make a written determination as to whether or not the refusal or
failure requires disqualification under section 29. Notice of the determination,
specifying the name and address of the employing unit offering or giving notice
of the work and of the chargeable employer, shall be sent to the claimant, the
employing unit offering or giving notice of the work, and the chargeable
employer.
(i) The unemployment
agency shall issue a notification to the claimant of claimant rights and
responsibilities within 2 weeks after the initial benefit payment on a claim
and 6 months after the initial benefit payment on the claim. If the claimant
selected a preferred form of communication, the notification must be conveyed
by that form. Issuing the notification must not delay or interfere with the
claimant's benefit payment. The notification must contain clear and
understandable information pertaining to all of the following:
(i) Determinations as provided in section 62.
(ii) Penalties and other sanctions as provided in this act.
(iii) Legal right to protest the determination and the right to
appeal through the administrative hearing system.
(iv) Other information needed to understand and comply with
agency rules and regulations not specified in this section.
Sec. 32c. (1) Notwithstanding any other provision of this
act, for a claim filed after March 15, 2020, but before the effective date of
the amendatory act that added this section, the unemployment agency shall not
reconsider the claim based solely on whether an applicable executive order
issued by the governor that was in effect at the time the claim was initially
examined did or did not have the force of law.
(2) A new, additional,
or continued claim for unemployment benefits filed within 28 days after the
last day the claimant worked is considered to have been filed on time under
this act and the rules promulgated under this act. This subsection does not apply
after December 31, 2020.March
31, 2021.
Sec. 48. (1) An individual shall be considered unemployed for
any week during which he or she performs no services and for which remuneration
is not payable to the individual, or for any week of less than full-time work
if the remuneration payable to the individual is less than 1-1/2 times his or
her weekly benefit rate, except that for payable weeks of benefits beginning
after the effective date of the amendatory act that added section 15a and
before October 1, 2015, an individual is considered unemployed for any week or
less of full-time work if the remuneration payable to the individual is less
than 1-3/5 times his or her weekly benefit rate. However, any loss of
remuneration incurred by an individual during any week resulting from any cause
other than the failure of the individual's employing unit to furnish full-time,
regular employment shall be included as remuneration earned for purposes of
this section and section 27(c). The total amount of remuneration lost shall be
determined pursuant to regulations prescribed by the unemployment agency. For
the purposes of this act, an individual's weekly benefit rate means the weekly
benefit rate determined pursuant to section 27(b).
(2) All amounts paid to
a claimant by an employing unit or former employing unit for a vacation or a
holiday, and amounts paid in the form of retroactive pay, pay in lieu of
notice, severance payments, salary continuation, or other remuneration intended
by the employing unit as continuing wages or other monetary consideration as
the result of the separation, excluding SUB payments as described in section
44, shall be considered remuneration in determining whether an individual is
unemployed under this section and also in determining his or her benefit
payments under section 27(c), for the period designated by the contract or
agreement providing for the payment, or if there is no contractual
specification of the period to which payments shall be allocated, then for the
period designated by the employing unit or former employing unit. However,
payments for a vacation or holiday, or the right to which has irrevocably
vested, after 14 days following a vacation or holiday shall not be considered
wages or remuneration within the meaning of this section.
(3) An individual shall
not be considered to be unemployed during any leave of absence from work
granted by an employer either at the request of the individual or pursuant to
an agreement with the individual's duly authorized bargaining agent, or in accordance
with law. An individual shall neither be considered not unemployed nor on a
leave of absence solely because the individual elects to be laid off, pursuant
to an option provided under a collective bargaining agreement or written
employer plan that permits an election, if there is a temporary layoff because
of lack of work and the employer has consented to the election. Notwithstanding
any other provision of this act, with respect to claims for weeks of benefits
beginning before January April
1, 2021, an individual on a leave of absence because the individual
self-isolated or self-quarantined in response to elevated risk from COVID-19
because he or she is immunocompromised, displayed a commonly recognized
principal symptom of COVID-19 that was not otherwise associated with a known
medical or physical condition of the individual, had contact in the last 14
days with an individual with a confirmed diagnosis of COVID-19, or needed to
care for an individual with a confirmed diagnosis of COVID-19, may be considered
to be unemployed unless the individual is already on sick leave or receives a
disability benefit.