Bill Text: MI SB0661 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Labor: benefits; leave time for care of newborn or adoption of child; establish for certain employees. Creates new act.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2021-09-29 - Referred To Committee On Economic And Small Business Development [SB0661 Detail]
Download: Michigan-2021-SB0661-Introduced.html
SENATE BILL NO. 661
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "birth or adoption leave act".
(a) "Birth or adoption leave" means paid time off from work to allow an employee time to care for a newborn or newly adopted child.
(b) "Employee" means a person who works for an employer under an express or implied contract of hire, but does not include an independent contractor.
(c) "Employer" means an individual, partnership, corporation, association, or other business entity that employs 50 or more employees and includes this state and a unit of local government.
Sec. 5. An employer shall allow 4 consecutive weeks of birth or adoption leave to an employee if all of the following conditions are met:
(a) The employee has been employed by the employer for at least 12 months and has worked for at least 1,250 hours during the immediately preceding 12 months.
(b) The employee is the parent or adoptive parent of a newborn child or child newly placed for adoption and the employee uses the birth or adoption leave to care for that child.
(c) The employee notifies the employer of the intent to use the leave as soon as practicable after the need for the employee to use birth or adoption leave becomes apparent.
Sec. 7. An employer may require an employee who gives notice under section 5(c) to provide supporting information regarding the employee's eligibility for leave under this act.
Sec. 9. (1) An employer shall continue to provide existing fringe benefits to an employee during birth or adoption leave, and the employee is responsible for the same proportion of the cost of those benefits as the employee paid before the leave period.
(2) Upon an employee's return to work from birth or adoption leave, an employer shall restore the employee to his or her position or to a position with at least equivalent seniority, benefits, pay, and other terms and conditions of employment.
Sec. 11. (1) An employer shall not interfere with, restrain, or deny the exercise or attempted exercise of a right provided under this act.
(2) An employer shall not discharge, fine, suspend, expel, discipline, or discriminate against an employee with respect to any term or condition of employment because of the employee's actual or potential exercise, or support for another employee's exercise, of a right under this act. This subsection does not prohibit an employer from taking employment action that is independent of the exercise of a right under this act.
(3) An employer shall not deprive an employee who takes birth or adoption leave of an employment benefit that accrued before the date that the birth or adoption leave begins.
Sec. 13. This act does not affect an employer's obligation to comply with a collective bargaining agreement, employee benefit plan, or other law that provides greater leave rights to employees than provided under this act.
Sec. 15. (1) An employer shall not require an employee to waive a right under this act.
(2) An employee's rights under this act cannot be waived or diminished under a term in a collective bargaining agreement or employee benefit plan that takes effect after the effective date of this act.
Sec. 17. An individual aggrieved by a violation of this act may bring an action in the circuit court to enjoin the violation or for any other relief necessary to secure a right under this act.
Enacting section 1. This act takes effect 90 days after the date it is enacted into law.
