Bill Text: MI SB1213 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Labor: leave; family and medical leave insurance benefits; provide for. Creates new act.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-10-14 - Referred To Committee On Housing And Human Services [SB1213 Detail]
Download: Michigan-2025-SB1213-Introduced.html
SENATE BILL NO. 1213
A bill to provide family leave and family and medical leave insurance benefits to certain individuals; to establish the circumstances under which family leave may be granted and family and medical leave insurance benefits may be paid; to require employer and employee contributions; to require certain duties of an employer; to prohibit certain discrimination and certain retaliatory actions; to require the coordination of certain benefits; to provide for the powers and duties of certain state governmental officers and entities; to require the promulgation of rules; to provide for certain procedures for the resolution of claims; to establish the family and medical leave insurance fund; to require reporting; to provide for remedies; and to prohibit certain actions and prescribe civil sanctions.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "family and medical leave insurance act".
(a) "Alternative base period" means the last 4 completed calendar quarters immediately preceding the first day of an individual's benefit year.
(b) "Average weekly wage" means 1/13 of the wages paid during the quarter of a covered individual's base period or alternative base period in which the total wages were highest.
(c) "Base period" means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of a covered individual's benefit year. However, if the first quarter of the last 5 completed calendar quarters was included in the base period applicable to a covered individual's previous benefit year, the covered individual's base period is the last 4 completed calendar quarters.
(d) "Benefit year" means a 1-year period that begins on the first day of the week in which an individual submits a claim for family and medical leave insurance benefits.
(e) "Bereavement leave" means time off from work or the availability for employment because of the death of a covered individual's family member.
(f) "Child" means an individual who is any of the following:
(i) A covered individual's biological, adopted, or foster child, stepchild, or legal ward.
(ii) A child of a covered individual's domestic partner.
(iii) A child to whom a covered individual stands in loco parentis.
(iv) An individual to whom a covered individual stood in loco parentis when the individual was a minor.
(g) "Communicable disease" means that term as defined in section 5101 of the public health code, 1978 PA 368, MCL 333.5101.
(h) "Covered individual" means an individual who satisfies all of the following conditions:
(i) The individual submits a claim for family and medical leave insurance benefits to the department.
(ii) The individual has done 1 of the following:
(A) Earned $3,000.00 or more in wages that are subject to contributions under section 11 during the individual's base period or alternative base period. An employer's failure to remit contributions to the family and medical leave insurance fund on behalf of an individual does not affect the individual's eligibility for family and medical leave insurance benefits.
(B) Elected coverage as a self-employed individual under section 19.
(iii) The individual is 1 of the following:
(A) Currently employed.
(B) A former employee who has been separated from employment for not more than 26 weeks at the start of the individual's family leave.
(i) "Department" means the department of labor and economic opportunity.
(j) "Director" means the director of the department or the director's designee.
(k) "Domestic partner" means that term as defined in section 2 of the earned sick time act, 2018 PA 338, MCL 408.962.
(l) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
(m) "Employee" means an individual engaged in service to an employer in the business of the employer. Employee does not include either of the following:
(i) An individual employed by the United States government.
(ii) An employee as that term is defined in section 351 of the railroad unemployment insurance act, 45 USC 351.
(n) "Employer" means a person that employs 1 or more employees. Employer does not include the United States government.
(o) "Family leave" means time off from work or the availability of employment that can be used for the reasons described in section 5(1).
(p) "Family and medical leave insurance benefits" means the benefits paid to a covered individual for family leave taken under this act.
(q) "Family member" includes any of the following:
(i) A child, regardless of the child's age.
(ii) A biological, adoptive, or foster parent of the covered individual or of the covered individual's spouse or domestic partner.
(iii) A stepparent or legal guardian of the covered individual or of the covered individual's spouse or domestic partner.
(iv) An individual who stood in loco parentis to the covered individual when the covered individual was a minor.
(v) An individual who stood in loco parentis to the covered individual's spouse or domestic partner when the covered individual's spouse or domestic partner was a minor.
(vi) The covered individual's spouse.
(vii) The covered individual's domestic partner.
(viii) A biological, foster, or adoptive grandparent or step-grandparent of the covered individual or of the covered individual's spouse or domestic partner.
(ix) A biological, foster, or adoptive grandchild or step-grandchild of the covered individual or of the covered individual's spouse or domestic partner.
(x) A biological, foster, or adoptive sibling or stepsibling of the covered individual or of the covered individual's spouse or domestic partner.
(xi) An individual to whom the covered individual is related by blood or whose relationship with the covered individual is the equivalent of a familial relationship.
(r) "Health care provider" means any of the following:
(i) An individual licensed or registered under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, including, but not limited to, a doctor, nurse, or midwife.
(ii) An individual authorized under federal law, the laws of another state, or the laws of another country to provide medical or emergency services, including, but not limited to, a doctor, nurse, emergency room personnel, clinical social worker, licensed professional counselor, licensed midwife, or certified doula, if the individual provides the medical or emergency services in accordance with the authorization, and within the jurisdiction, of the authorizing authority.
(s) "Interference" means an action that may have the effect of preventing or discouraging an employee from exercising a right guaranteed under this act, including, but not limited to, any of the following:
(i) Failing to comply with the requirements of section 17.
(ii) Failing to provide an employee with complete and accurate information related to a claim for family and medical leave insurance benefits as may be required from an employer under section 17.
(iii) Failing to accurately and timely complete and return a claim for family and medical leave insurance benefits as may be required from an employer under section 17.
(iv) Providing the department with inaccurate or incomplete information about an employee's wages or employment as it relates to the employee's eligibility for family and medical leave insurance benefits.
(t) "Military member" means a member of the Armed Forces of the United States, a reserve branch of the Armed Forces of the United States, or the national guard.
(u) "Person" means an individual or a partnership, corporation, limited liability company, governmental entity, or other legal entity.
(v) "Qualifying act of violence" includes, but is not limited to, any of the following:
(i) Domestic violence.
(ii) Sexual assault.
(iii) Stalking.
(iv) An act in which a person uses force to cause a personal injury to an individual or an act in which a person causes a personal injury to an individual by making a reasonably perceived or actual threat of injury or death. As used in this subparagraph, "personal injury" means that term as defined in section 1 of 1976 PA 223, MCL 18.351.
(w) "Qualifying exigency leave" means time off from work or the availability for employment taken by a family member of a military member to do any of the activities described in 29 CFR 825.126.
(x) "Retaliatory personnel action" means interference with or an action to deny any right granted an employee under this act. Retaliatory personnel action includes, but is not limited to, any of the following:
(i) Threatening an employee.
(ii) Discharging, suspending, demoting, or reducing the work hours of an employee.
(iii) Reporting or threatening to report the suspected citizenship or immigration status of an employee or employee's family member to a federal, state, or local governmental body.
(iv) Punishing an employee for an employee's participation in or assistance with an investigation, proceeding, or hearing under this act.
(v) Any other adverse action against an employee in response to an employee's exercise of a right granted under this act.
(y) "Safe leave" means time off from work or the availability for employment because the covered individual or the covered individual's family member is a victim of a qualifying act of violence. Time off from work or the availability for employment under this subdivision includes, but is not limited to, any of the following:
(i) Medical care for the covered individual's or family member's physical injury or disability.
(ii) Psychological or other counseling for the covered individual's or family member's psychological injury or disability.
(iii) To obtain services from a victim services organization.
(iv) To relocate from the covered individual's or family member's place of residence to a new place of residence.
(v) To obtain legal services.
(vi) To participate in a civil or criminal proceeding.
(z) "Serious health condition" means an illness, injury, impairment, pregnancy, recovery from childbirth, or physical or mental condition that involves either of the following:
(i) Inpatient care in a hospital, hospice, or residential care facility.
(ii) Continuous treatment by a health care provider.
(aa) "Sexual assault" means any act that violates section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
(bb) "Spouse" means an individual who is 18 years of age or older and who is legally married to another individual who is 18 years of age or older under the laws of this state or another state.
(cc) "Stalking" means that term as defined in section 411h of the Michigan penal code, 1931 PA 328, MCL 750.411h.
(dd) "State average weekly wage" means the state average weekly wage as determined by the unemployment insurance agency under section 27 of the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.27.
Sec. 5. (1) A covered individual may take family leave for any of the following reasons:
(a) To bond with or care for a child during the first year after either of the following:
(i) The child's birth.
(ii) The anticipated or actual date of the adoption of the child or the placement of the child through foster care.
(b) An absence related to the adoption of a child or placement of a child through foster care if the absence is necessary for the adoption or placement to proceed.
(c) A serious health condition.
(d) To care for a family member with a serious health condition.
(e) Qualifying exigency leave.
(f) Safe leave.
(g) Bereavement leave taken not later than 3 months after the death of a family member of the covered individual.
(h) For a purpose described in section 4(1)(e) of the earned sick time act, 2018 PA 338, MCL 408.964, if the covered individual has used all earned sick time available under the earned sick time act, 2018 PA 338, MCL 408.961 to 408.974, for the same purpose.
(i) If the governor of this state or a local official of this state declares a state of disaster or a state of emergency because of a natural disaster or public health crisis, the inability to work or work remotely during the state of disaster or state of emergency or during an extension of the state of disaster or state of emergency for any of the following reasons:
(i) The covered individual has to care for a family member because the family member's usual care professional is unavailable because of the state of disaster or state of emergency.
(ii) The covered individual has close contact with an individual who tests positive for a communicable disease or with an individual who has 1 or more principal symptoms of a communicable disease, if the communicable disease is related to the state of disaster or state of emergency.
(iii) The covered individual is subject to a local or state quarantine or isolation order, including, but not limited to, a shelter-in-place or stay-at-home order related to the state of disaster or state of emergency.
(iv) The covered individual has a condition or characteristic that might increase the covered individual's susceptibility of contracting, or increase the health risks associated with contracting, a communicable disease, including, but not limited to, age, heart disease, asthma, lung disease, diabetes, kidney disease, or a weakened or compromised immune system, if the communicable disease is related to the state of disaster or state of emergency.
(v) For any other reason related to a state of disaster or state of emergency as provided for in the rules promulgated under this act.
(2) A covered individual may take the following amounts of family leave in a benefit year:
(a) For family leave that a covered individual begins taking during the 1-year period beginning 1 year after the date described in section 11(2), not more than 5 weeks.
(b) For family leave that a covered individual begins taking during the 1-year period beginning 2 years after the date described in section 11(2), not more than the following, as applicable:
(i) 10 weeks.
(ii) If the covered individual takes family leave under subdivision (a), 10 weeks minus the amount of family leave that the covered individual takes during the same benefit year under subdivision (a).
(c) For family leave that a covered individual begins taking 3 years after the date described in section 11(2), not more than the following, as applicable:
(i) 12 weeks.
(ii) If the covered individual takes family leave under subdivision (b), 12 weeks minus the amount of family leave that the covered individual takes during the same benefit year under subdivision (b).
(3) If a covered individual qualifies for family leave under this section and intends to take family leave, the covered individual must provide notice to the covered individual's employer as soon as possible. However, an employer shall not require a covered individual to do either of the following:
(a) Provide notice to the employer more than 30 days before the need to take family leave if the need to take family leave is foreseeable.
(b) Provide notice to the employer by a specific time if the need to take family leave is not foreseeable.
Sec. 7. (1) The department shall, in accordance with this act, pay family and medical leave insurance benefits to a covered individual who takes family leave in accordance with this act. Family and medical leave insurance benefits are payable to a covered individual for the time that the covered individual takes family leave. Family and medical leave insurance benefits are payable to a covered individual for not more than the number of weeks provided for in section 5(2). Family and medical leave insurance benefits for bereavement leave are payable to a covered individual for not more than 10 days for each death of a family member of the covered individual during a benefit year, subject to a combined total of 15 days during a benefit year.
(2) A covered individual who takes family leave for qualifying exigency leave described in 29 CFR 825.126(b)(1), may use the family and medical leave during the period described in 29 CFR 825.126(b)(1).
(3) A covered individual who takes family leave for qualifying exigency leave described in 29 CFR 825.126(b)(6), may use family leave during the period described in 29 CFR 825.126(b)(6).
(4) Family and medical leave insurance benefits are payable to a covered individual beginning on the date the covered individual's family leave begins.
(5) The department shall issue the first payment of family and medical leave insurance benefits to a covered individual not more than 14 days after the covered individual's claim is approved by the department. Following the first payment, all other payments must be made to the covered individual every other week.
(6) A covered individual must not be paid family and medical leave insurance benefits for less than 8 hours of family leave used in 1 work week.
(7) A covered individual may take family leave on an intermittent or reduced leave schedule in which all of the family leave authorized under this act is not taken sequentially. Family and medical leave insurance benefits for intermittent or reduced leave schedules must be prorated. A covered individual shall make a reasonable effort to schedule foreseeable family leave under this subsection so as not to unduly disrupt the operations of the covered individual's employer. A covered individual shall, to the extent practicable, provide the covered individual's employer with notice of the schedule on which the covered individual will be taking the family leave. Family leave taken under this subsection must not result in a reduction of the total amount of family leave to which a covered individual is entitled beyond the amount of family leave actually taken.
Sec. 9. (1) Subject to subsection (2), a covered individual must be paid family and medical leave insurance benefits equal to 100% of the covered individual's average weekly wage.
(2) The maximum weekly benefit rate payable to a covered individual is 2/3 of the state average weekly wage.
(3) If a covered individual taking family leave from a job continues working at an additional job during the covered individual's family leave, the department shall not consider the covered individual's average weekly wage earned from the additional job in calculating the covered individual's weekly benefit amount. A covered individual with multiple jobs may elect whether to take leave from 1 job or multiple jobs.
Sec. 11. (1) Payroll contributions must be authorized for the exclusive purpose of financing the payment of family and medical leave insurance benefits and administering the family and medical leave insurance program.
(2) Beginning on a date determined by the director, for each employee, an employer shall, except as otherwise provided in this section, remit contributions to the state treasurer for deposit into the family and medical leave insurance fund in the form and manner determined by the department. The director shall determine a date under this subsection that is not more than 2 years after the effective date of this act.
(3) For the time period beginning on the date described in subsection (2) and ending on December 31 of the immediately following calendar year, the contribution amount is, subject to subsection (5), a percentage of wages per employee to be determined by the director as sufficient to fund the payments of family and medical leave insurance benefits and to administer the provisions of this act.
(4) By not later than October 31 of the calendar year described in subsection (3), and by not later than October 31 of each calendar year thereafter, the director shall, subject to subsection (5), evaluate and determine the contribution rate for the immediately following calendar year based on a percent of employee wages and at the rate necessary to obtain a total amount of contributions equal to 135% of the benefits paid during the previous fiscal year plus an amount equal to 100% of the cost of administration of the payment of those benefits during the previous fiscal year, minus the amount of net assets remaining in the family and medical leave insurance fund as of June 30 of the current calendar year.
(5) An employer that employs 25 or more employees may deduct from an employee up to 50% of the contribution required under this section from the employee's wages and shall remit 100% of the contribution required under this section to the family and medical leave insurance fund. An employer that employs fewer than 25 employees may deduct from an employee up to 50% of the contribution required under this section from the employee's wages and shall remit 50% of the contribution required under this section to the family and medical leave insurance fund.
(6) The legislature shall appropriate sufficient funds to the family and medical leave insurance fund to fund the cost of administering this act before the collection of payroll contributions under this section. If the legislature does not appropriate sufficient funds to fund the cost of administering this act before the collection of payroll contributions under this section, the payroll contributions described in this section must be increased to fund the payment of family and medical leave insurance benefits.
(7) An employer with an approved private plan under section 39 is not required to pay contributions under this section.
(8) If an employer provides Medicaid home- and community-based services with funding provided by the department of health and human services, through the behavioral and physical health and aging services administration or the bureau of children's coordinated health policy and supports, this state shall pay the contributions that the employer is otherwise required to pay under this section during the periods that the employer provides those services.
(9) An employer that does not or refuses to remit contributions as required under this section must be assessed a percentage of its total annual payroll equal to the percentage of payroll contributions required under this section for each year the employer does not comply with the requirements of this section, in addition to any amounts previously owed, or fraction thereof, in addition to the total amount of benefits paid to covered individuals for whom the employer did not make contributions. Assessments collected under this subsection must be deposited into the family and medical leave insurance fund.
(10) An employer shall remit the contributions required under this section each quarter.
Sec. 13. (1) An employer shall restore an employee who takes family leave to 1 of the following job positions upon the employee's return from family leave:
(a) The job position that the employee held before the employee took the family leave.
(b) A different job position, if the different job position is equivalent to the job position the employee held before the employee took the family leave in all of the following:
(i) Seniority.
(ii) Status.
(iii) Employment benefits.
(iv) Wage rate.
(v) Any other terms and conditions of employment, including, but not limited to, fringe benefits and service credits.
(2) If an employee takes family leave, an employer shall, for the duration of the employee's family leave, maintain every health care benefit that the employee had before the employee took the family leave, but only if the employee continues to pay the employee's costs for the health care benefit during the family leave.
(3) If an unconditional increase in a covered individual's wages, such as a cost of living increase, is scheduled to take effect or takes effect while the covered individual is taking family leave, the covered individual's employer shall provide the unconditional wage increase to the covered individual. If a conditional increase in a covered individual's wages, such as an increase based on seniority, length of service, or work performed, is scheduled to take effect or takes effect while the covered individual is taking family leave, the covered individual's employer shall provide the conditional wage increase to the covered individual in accordance with the employer's policy or practice regarding conditional pay increases for an employee who takes time off from work or the availability of employment for a reason that is the same as or similar to, but that does not qualify for, family leave.
Sec. 15. (1) Family leave that also qualifies as leave under the family and medical leave act of 1993, 29 USC 2601 to 2654, must be taken concurrently with leave taken under the family and medical leave act of 1993, 29 USC 2601 to 2654.
(2) An employer may, if both of the following conditions are met, require that an employee's family and medical leave insurance benefits be coordinated or paid concurrently with payments made or leave taken in accordance with a provision of a collective bargaining agreement to which the employer and employee are parties or a paid family leave policy of the employer:
(a) The collective bargaining agreement or policy requires that the payments must be paid or leave must be used solely for family leave.
(b) The employer notifies the employee, in writing, that the employee's family and medical leave insurance benefits must be coordinated or paid concurrently as allowed for under this subsection.
(3) If an employer requires family and medical leave insurance benefits to be coordinated or paid concurrently under subsection (2), the employer must provide its employees with written notice of the requirement.
(4) This act does not prohibit an employer from offering a family leave policy that is more generous than the family leave required under this act. Except as otherwise provided in subsection (5), this act does not diminish or affect an individual's right, privilege, or remedy related to leave or a benefit under any of the following:
(a) A collective bargaining agreement or employment agreement.
(b) An employer's policy.
(c) Any other law.
(5) If an employer or employee is a party to a collective bargaining agreement that meets both of the following conditions, this act applies to the parties to the agreement beginning on the expiration date stated in the agreement or the effective date of a new collective bargaining agreement entered into between the parties, whichever is earlier:
(a) The agreement is in effect on the effective date of this act.
(b) The agreement conflicts with this act.
(6) An employer shall not require an employee to waive or limit a right granted under this act. An agreement to waive a right under this act is void and unenforceable.
(7) Except as otherwise provided in subsection (2) or section 5(1)(h), an employee is not required to use or exhaust any accrued vacation leave, sick leave, or other paid time off before or while receiving family and medical leave insurance benefits under this act. However, a covered individual may choose to use any accrued vacation leave, sick leave, or other paid time off while receiving family and medical leave insurance benefits under this act, unless the aggregate amount the covered individual would receive would exceed the covered individual's average weekly earnings. This section does not require an employee to receive or use additional paid time off as described in this section.
Sec. 17. (1) An employer shall provide written notice that includes the information under subsection (2) to all of its employees before January 31 of each year and to an employee under the following circumstances:
(a) When the employee is hired.
(b) When the employee requests family leave.
(c) When the employer learns that the employee's request for time off work may qualify for family leave.
(2) The department may promulgate rules to establish additional requirements related to the manner in which the employer provides the written notice. The written notice required under subsection (1) must include all of the following information:
(a) The employee's right to family and medical leave insurance benefits or to take family leave under this act.
(b) The terms under which family leave may be used.
(c) The amount of family and medical leave insurance benefits available to an employee.
(d) The procedure to submit a claim for family and medical leave insurance benefits to the department.
(e) The employee's right to job protection and continuation of health care benefits.
(f) A statement that discrimination and retaliatory personnel action against a person's request or claim for or use of family and medical leave insurance benefits is prohibited.
(g) The employee's right to request a hearing under this act.
(3) An employer shall display and maintain a poster that includes all of the information described in subsection (2) at the employer's place of business in a conspicuous location that is accessible to employees. The information on the poster must be printed in English, Spanish, Arabic, French, Mandarin, Korean, Tagalog, and any other language that is requested by an employee.
(4) An employer that violates subsection (1) is subject to a civil fine of not more than $100.00 per day per employee for each violation. An employer that violates subsection (3) is subject to a civil fine of not more than $100.00 per day for each violation. The prosecutor of the county in which the violation occurred or the attorney general may bring an action to collect a fine under this subsection. A fine collected under this subsection must be deposited into the family and medical leave insurance fund.
Sec. 19. (1) A self-employed individual, including, but not limited to, an independent contractor, sole proprietor, individual who is a partner in a partnership, or individual in a joint venture, may elect coverage under this act for an initial period that is not less than 3 years. A self-employed individual who elects coverage is eligible for family and medical leave insurance benefits beginning on the date that the individual meets the applicable requirements of section 3(h).
(2) To elect coverage, a self-employed individual must do all of the following:
(a) Submit a notice of election in writing to the department on a form and in the manner prescribed by the department.
(b) Pay both the employee and employer contributions to the family and medical leave insurance fund as described in section 11(5).
(3) A self-employed individual who elects coverage may withdraw from coverage not more than 30 days after the end of the 3-year period of coverage or at another time as provided for under the rules promulgated by the department. The self-employed individual must submit a written notice of the withdrawal to the department on a form and in the manner prescribed by the department. The withdrawal must take effect not less than 30 days after the notice of withdrawal is submitted.
(4) If an individual who has elected coverage under this section is no longer a self-employed individual, the individual is not required to comply with this section beginning on the date that the individual is no longer a self-employed individual.
Sec. 21. (1) Not more than 3 years after the effective date of this act, the department shall establish reasonable procedures and prescribe forms for submission of a claim for family and medical leave insurance benefits that are not unduly burdensome to an individual who submits a claim for family and medical leave insurance benefits.
(2) An individual may submit a claim for family and medical leave insurance benefits not more than 60 days before the anticipated start date of family leave and not more than 90 days after the start date of family leave. An individual shall include the applicable certification under subsection (3) with the individual's submission for a claim for family and medical leave insurance benefits.
(3) Certification for a covered individual taking leave under section 5(1)(a) or (b) is sufficient if the covered individual provides any of the following, as applicable:
(a) The child's birth certificate.
(b) A document that states the child's birth date or anticipated birth date issued by the health care provider of the child or the health care provider of the individual who gave birth.
(c) A document issued by the health care provider of the child, an adoption agency involved in the adoption of the child, or any other appropriate individual, as determined by the department, that confirms the adoption or anticipated adoption of the child and the date of adoption or anticipated adoption of the child.
(d) A document issued by the health care provider of the child, a foster care agency involved in the placement of the child, or other individuals, as determined by the department, that confirms the placement or anticipated placement and the date of placement or anticipated placement.
(4) Certification for a covered individual taking leave under section 5(1)(c) is sufficient if it states the date on which the serious health condition commenced, the probable duration of the condition, and the appropriate medical facts within the knowledge of the health care provider as required by the department.
(5) Certification for a covered individual taking leave under section 5(1)(d) is sufficient if it states the date on which the family member's serious health condition commenced, the probable duration of the condition, the appropriate medical facts within the knowledge of the health care provider as required by the department, a statement that the covered individual is needed to care for the family member, and an estimate of the amount of time that the covered individual is needed to care for the family member.
(6) Certification for a covered individual taking leave under section 5(1)(e) is sufficient if it includes any of the following:
(a) A copy of the family member's active-duty orders.
(b) Other documentation issued by the Armed Forces.
(c) Other documentation permitted by the department.
(7) Certification for a covered individual taking leave under section 5(1)(f) is sufficient if the covered individual provides any of the following:
(a) A police report indicating that the covered individual or covered individual's family member was a victim of a qualifying act of violence.
(b) A court document indicating that the covered individual or covered individual's family member is involved in legal action related to a qualifying act of violence.
(c) A signed statement from an attorney, member of the clergy, victim and witness advocate, or medical or other appropriate professional affirming that the covered individual or covered individual's family member is a victim of a qualifying act of violence.
(d) The covered individual's statement affirming that the covered individual or the covered individual's family member is a victim of a qualifying act of violence and that the leave was taken for safe leave. The covered individual's statement does not need to be notarized or in any particular form.
(8) Notwithstanding subsections (3) to (7), the department shall accept alternative certification for any leave under section 5(1) that demonstrates the covered individual's need for leave for a purpose specified under section 5(1).
(9) Not more than 5 business days after an individual submits a claim for family and medical leave insurance benefits, the department shall notify the individual's employer about the claim.
(10) Information that an individual or another person submits to the department under this act is confidential and is not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. This act does not require a covered individual to provide as certification any information from a health care provider that would result in a violation of section 1177 of the Social Security Act, 42 USC 1320d–6, or the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, Public Law 104–191.
(11) Not more than 2 years after the effective date of this act, the department shall promulgate rules to implement this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 23. (1) A covered individual who submits a claim for family and medical leave insurance benefits shall not do any of the following for the purpose of obtaining family and medical leave insurance benefits:
(a) Willfully make a false statement to the department.
(b) Willfully misrepresent a material fact to the department.
(c) Willfully fail to report a material fact to the department.
(2) If the department determines that a covered individual violated subsection (1), the department shall not pay the covered individual family and medical leave insurance benefits, for a period not to exceed 1 year beginning on the date of the department's determination, unless not paying family and medical leave insurance benefits to the individual during the period would be against equity and good conscience.
(3) Subject to subsection (4), the department may recover, in whole or in part, family and medical leave insurance benefits paid to an individual under the following circumstances:
(a) The department erroneously paid family and medical leave insurance benefits to the covered individual.
(b) The department paid family and medical leave insurance benefits to the covered individual because the covered individual violated subsection (1).
(c) The department denies the covered individual's claim after the department has already paid family and medical leave insurance benefits to the covered individual for the same claim.
(4) The department shall waive the recovery of family and medical leave insurance benefits under subsection (3) if recovery would be against equity and good conscience.
Sec. 25. (1) An individual may request a hearing before the department under this act regarding any determination related to the individual's claim for family and medical leave insurance benefits, including the denial of benefits. An individual must request a hearing under this subsection not later than 90 days after the individual receives notice of the determination. If the department receives a request for a hearing under this subsection, the department must hold a hearing not later than 14 days after it receives the request or, if the department decides that a hearing is not necessary to grant a redetermination or issue a decision, notify the requester of the reasons for its decision not later than 7 days after it receives the request.
(a) Bring a civil action for damages, injunctive relief, or both. A court shall award to a plaintiff who prevails in an action brought under this subdivision not more than 2 times the amount of actual damages, injunctive relief, as appropriate, and costs, including, but not limited to, reasonable attorney costs. An individual is not required to submit a complaint with the department under subdivision (b) before bringing a civil action under this subdivision.
(b) Submit a complaint with the department.
(3) If the department determines that an employer violated section 13 or 29, the department shall do both of the following:
(a) Order the employer to take action to remedy the violation, including, but not limited to, providing the requested family leave, reinstating an employee, providing back pay accrued not more than 3 years before the complaint was submitted, paying liquidated damages, paying reasonable actual attorney fees to the complainant, and any other relief the department determines is appropriate.
(b) Assess the employer an administrative fine of not less than $1,000.00. An administrative fine recovered under this subdivision must be deposited into the family and medical leave insurance fund.
(4) If the department determines that an employer violated section 13 or 29, the department may bring a civil action under subsection (2)(a) on behalf of every individual affected by the violation who has not brought a civil action under subsection (2)(a).
(5) The department shall conduct a hearing under this section in accordance with the procedures provided by chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288. A final decision issued by the department related to family and medical leave insurance benefits is subject to judicial review by the courts as provided in chapter 6 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to 24.306.
Sec. 27. (1) The family and medical leave insurance fund is created in the state treasury.
(2) The state treasurer shall deposit money and other assets received from employer and employee contributions under section 11 or from any other source into the family and medical leave insurance fund. The state treasurer shall direct the investment of money in the family and medical leave insurance fund and credit interest and earnings from the investments to the fund.
(3) The department of labor and economic opportunity is the administrator of the family and medical leave insurance fund for audits of the fund.
(4) The department of labor and economic opportunity shall expend money from the family and medical leave insurance fund, upon appropriation, only for the following purposes:
(a) To implement and administer this act.
(b) To pay family and medical leave insurance benefits to covered individuals.
Sec. 29. (1) A person shall not commit interference or restrain or deny the exercise of, or the attempt to exercise, a right granted under this act.
(2) A person shall not take retaliatory personnel action or otherwise discriminate against another person because the person exercises, or attempts to exercise, a right granted under this act.
(3) An employer's absence control policy must not treat family leave as an absence that may result in the discipline, discharge, demotion, suspension, or any other adverse action of an employee who uses family leave.
Sec. 31. If the United States Internal Revenue Service determines that family and medical leave insurance benefits are subject to federal income tax, the department or a private plan approved under section 39 must inform an individual who submits a new claim for family and medical leave insurance benefits, at the time of the submission, of both of the following:
(a) Family and medical leave insurance benefits are subject to federal income tax.
(b) Some taxpayers are required to make estimated tax payments.
Sec. 33. (1) Before September 30 of each year, the department shall submit a report to the secretary of the senate and the clerk of the house of representatives that includes all of the following information:
(a) The amount of family and medical leave insurance benefits that the department projected would be paid for the year covered by the report delineated by each eligible reason described in section 5(1).
(b) The actual amount of family and medical leave insurance benefits paid for the year covered by the report delineated by each eligible reason described in section 5(1).
(c) The amount of family leave that the department projected would be used for the year covered by the report delineated by each eligible reason described in section 5(1).
(d) The actual amount of family leave used for the year covered by the report delineated by each eligible reason described in section 5(1).
(e) The age, gender, race, ethnicity, primary language, residential zip code, average weekly wage, and occupation of the individuals who were paid family and medical leave insurance benefits.
(f) The age, gender, race, ethnicity, primary language, residential zip code, average weekly wage, and occupation of the individuals who submitted claims for family and medical leave insurance benefits but who were not paid family and medical leave insurance benefits.
(g) Whether individuals who received or submitted a claim for family and medical leave insurance benefits were employed full- or part-time, self-employed, or recently separated from employment.
(h) The average weekly rate of family and medical leave insurance benefits.
(i) The average duration of family leave, delineated by purpose under section 5(1).
(j) The contribution rates paid to the family and medical leave insurance fund for both employers and employees.
(k) The amount of money in the family and medical leave insurance fund on September 1 of the year covered by the report.
(l) The average processing time for initial claims.
(m) The average length of time between the submission of a claim for family and medical leave insurance benefits and the receipt of benefits on that claim.
(n) A summary of the outreach efforts made by the department under section 35.
(2) The information in a report submitted under subsection (1) must be aggregated so that identifying a specific individual is not possible.
Sec. 35. (1) The department shall educate employers and employees about this act and the availability of family leave and family and medical leave insurance benefits under this act.
(2) Educational material that the department provides to the employers and employees must be available in English, Spanish, and any other language requested by an employee or employer.
(3) Each year, the department may use not more than 5% of the funds in the family and medical leave insurance fund to fulfill its duties under this section.
Sec. 37. Except as otherwise provided in this act, a person that violates this act is subject to a civil fine of not more than $5,000.00. The prosecutor of the county in which the violation occurred or the attorney general may bring an action to collect the fine. A fine collected under this section must be deposited into the family and medical leave insurance fund.
Sec. 39. (1) An employer may apply to the department for approval to meet the employer's obligations under this act through a private plan. To be approved, a private plan must provide each employee of the employer all of the same rights, protections, and benefits provided to a covered individual under this act, including, but not limited to, all of the following:
(a) Allowing family leave to be taken for each purpose specified in section 5(1).
(b) Providing family and medical leave insurance benefits to a covered individual for the maximum number of weeks required in section 5(2) in a benefit year.
(c) Providing a wage replacement rate for all family and medical leave insurance benefits that is equal to or greater than the amount required by section 9(1).
(d) Providing a maximum weekly benefit for all family and medical leave insurance benefits that is equal to or greater than the amount specified in section 9(2).
(e) Allowing an employee to take intermittent leave as authorized by section 7(7).
(f) Imposing no additional conditions or restrictions on family leave or family and medical leave insurance benefits that are beyond those explicitly authorized by this act or the rules promulgated under this act.
(g) Allowing an employee covered under the private plan who is eligible for family and medical leave insurance benefits under this act to receive family and medical leave insurance benefits and take family leave under the private plan.
(2) To be approved as meeting an employer's obligations under this act, a private plan must comply with all of the following:
(a) If the private plan is in the form of self-insurance, the employer must furnish a bond to this state, with a surety company authorized to transact business in this state, in the form, amount, and manner required by the department.
(b) The plan must provide coverage for each employee of the employer whose wages would otherwise be subject to contributions under section 11 throughout the employee's period of employment with the employer.
(c) If the plan is in the form of a third party that provides for insurance, the forms of the policy must be issued by an insurer approved by this state.
(d) Provide written notice to employees covered by the private plan that includes all of the following:
(i) Information about family and medical leave insurance benefits available under the approved plan, including the duration of leave, and specifically stating that family and medical leave insurance benefits required by this state are being administered for this employer under this private plan.
(ii) The process for filing a claim to receive family and medical leave insurance benefits under the plan.
(iii) The process for employee contributions used to finance the costs of the plan, if any.
(iv) An employee's right to a hearing before the department or a court regarding a contested determination or denial of family and medical leave insurance benefits as provided for in section 25.
(v) The right to job restoration and health care benefits continuation, if applicable, pursuant to section 13, and that the employee has the right to a hearing before the department and a court for any alleged violation of section 13.
(vi) A statement that discrimination and retaliatory personnel action against an individual's request or claim for or use of family and medical leave insurance benefits is prohibited.
(e) The cost to employees covered by the plan must not be greater than the cost charged to employees under the state plan under section 11.
(f) In accordance with the rules promulgated under this act, provide sufficient information to the department for the department to prepare reports under section 33.
(3) The department shall withdraw approval for a private plan granted under subsection (1) when a term or condition of the plan has been violated. Causes for plan termination include, but are not limited to, any of the following:
(a) Failure to pay benefits.
(b) Failure to pay benefits timely and in a manner consistent with this act.
(c) Failure to maintain an adequate surety bond under subsection (2)(a).
(d) Misuse of private plan money.
(e) Failure to submit reports or comply with other compliance requirements as required by the rules promulgated under this act.
(f) Failure to comply with this act or the rules promulgated under this act.
(4) An employee covered by a private plan approved under this section retains all applicable rights under section 13.
(5) A contested determination, denial of family and medical leave insurance benefits, or an alleged violation of this act by a private plan is subject to a hearing before the department or a court as provided for in section 25.
(6) An employer or entity offering private plans that violates this section must be assessed an administrative fine of not less than $100.00 per violation. The director shall deposit a fine collected under this subsection into the family and medical leave insurance fund. The director shall establish a process for the assessment and appeal of fines under this subsection.
(7) The director shall annually determine the total amount expended by the department for costs arising out of the administration of private plans. Each entity offering a private plan shall reimburse the department for the costs arising out of the private plans in the amount, form, and manner determined by the director. The director shall deposit payments received under this subsection into the family and medical leave insurance fund.
