HOUSE BILL NO. 5772

May 19, 2020, Introduced by Rep. Tyrone Carter and referred to the Committee on Health Policy.

A bill to amend 2018 PA 338, entitled

"Paid medical leave act,"

by amending section 2 (MCL 408.962), as amended by 2018 PA 369, and by adding section 3a.

the people of the state of michigan enact:

Sec. 2. As used in this act:

(a) "Benefit year" means any consecutive 12-month period used by an employer to calculate an eligible employee's benefits.

(b) "Department" means the department of licensing labor and regulatory affairs.economic opportunity.

(c) "Director" means the director of the department or the director's designee.

(d) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.

(e) "Eligible employee" means an individual engaged in service to an employer in the business of the employer and from whom an employer is required to withhold for federal income tax purposes. Eligible employee does not include any of the following:

(i) An individual who is exempt from overtime requirements under section 13(a)(1) of the fair labor standards act, 29 USC 213(a)(1).

(ii) An individual who is not employed by a public agency, as that term is defined in section 3 of the fair labor standards act, 29 USC 203, and who is covered by a collective bargaining agreement that is in effect.

(iii) An individual employed by the United States government, another state, or a political subdivision of another state.

(iv) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to title II of the railway labor act, 45 USC 151 to 188.

(v) An employee as described in section 201 of the railway labor act, 45 USC 181.

(vi) An employee as defined in section 1 of the railroad unemployment insurance act, 45 USC 351.

(vii) An individual whose primary work location is not in this state.

(viii) An individual whose minimum hourly wage rate is determined under section 4b of the improved workforce opportunity wage act, 2018 PA 337, MCL 408.934b.

(ix) An individual described in section 29(1)(l) of the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.29.

(x) An individual employed by an employer for 25 weeks or fewer in a calendar year for a job scheduled for 25 weeks or fewer.

(xi) A variable hour employee as defined in 26 CFR 54.4980H-1.

(xii) An individual who worked, on average, fewer than 25 hours per week during the immediately preceding calendar year.

(f) "Eligible essential employee" means an eligible employee that is any of the following:

(i) A full-time, part-time, or volunteer law enforcement officer.

(ii) A full-time, part-time, or volunteer firefighter.

(iii) A state correctional officer as that term is defined in section 2 of the correctional officers' training act of 1982, 1982 PA 415, MCL 791.502.

(iv) A local corrections officer as that term is defined in section 2 of the local corrections officers training act, 2003 PA 125, MCL 791.532.

(v) A physician as that term is defined in section 17001 of the public health code, 1978 PA 368, MCL 333.17001.

(vi) A respiratory therapist as that term is defined in section 18701 of the public health code, 1978 PA 368, MCL 333.18701.

(vii) An emergency medical services personnel as that term is defined in section 20904 of the public health code, 1978 PA 368, MCL 333.20904.

(viii) Licensed or registered under, or otherwise authorized to engage in the practice of nursing or practice of nursing as a licensed practical nurse under, part 172 of the public health code, 1978 PA 368, MCL 333.17201 to 333.17242.

(ix) Employed by a retail grocery as that term is defined in section 1111 of the food law, 2000 PA 92, MCL 289.1111.

(x) Employed by a company that transports goods, on reasonable request, on regular routes and at set rates.

(g) (f) "Employer" means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company, government entity, or other entity that employs 50 or more individuals. Employer does not include the United States government, another state, or a political subdivision of another state.

(h) (g) "Family member" includes all of the following:

(i) A biological, adopted or foster child, stepchild or legal ward, or a child to whom the eligible employee stands in loco parentis.

(ii) A biological parent, foster parent, stepparent, or adoptive parent or a legal guardian of an eligible employee or an eligible employee's spouse or an individual who stood in loco parentis when the eligible employee was a minor child.

(iii) An individual to whom the eligible employee is legally married under the laws of any state.

(iv) A grandparent.

(v) A grandchild.

(vi) A biological, foster, or adopted sibling.

(i) (h) "Health care provider" means that term as defined in section 101 of the family and medical leave act, 29 USC 2611.

(j) (i) "Paid medical leave" means time off from work that is provided by an employer to an eligible employee that can be used for the purposes described in section 4(1).

(k) (j) "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.

Sec. 3a. (1) Notwithstanding any other provision of this act, if the governor or President of the United States declares an emergency because of infectious disease, an employer shall, while the declaration of emergency is in effect, pay an eligible essential employee at the eligible essential employee's normal hourly wage or base wage for leave taken as the result of any of the following:

(a) The eligible essential employee contracts the infectious disease.

(b) The eligible essential employee self-isolates or is quarantined pursuant to a directive from his or her employer or treating physician or a local, state, or federal agency.

(2) The paid leave described in subsection (1) is in addition to any other paid leave required under this act. An employer shall not do any of the following:

(a) Require an eligible essential employee to use paid leave accrued under section 3 for paid leave described in subsection (1).

(b) Require an eligible first responder to use any other form of paid leave, as that term is defined in section 3, for leave described in subsection (1).