Michigan Laws 408.921 – Short title; definitions; discriminating against, disciplining, or discharging employee prohibited; reasons; scope; notification to employer; civil action
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Terms Used In Michigan Laws 408.921
- Civil air patrol: means the civilian auxiliary of the United States Air Force. See Michigan Laws 408.921
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Employee: means an individual who receives wages or remuneration for providing services to an employer. See Michigan Laws 408.921
- Employer: means a person that provides wages or remuneration to 1 or more individuals who perform services for the employer under an express or implied contract of hire. See Michigan Laws 408.921
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) This act shall be known and may be cited as the “civil air patrol employment protection act”.
(2) As used in this act:
(a) “Civil air patrol” means the civilian auxiliary of the United States Air Force.
(b) “Employee” means an individual who receives wages or remuneration for providing services to an employer.
(c) “Employer” means a person that provides wages or remuneration to 1 or more individuals who perform services for the employer under an express or implied contract of hire.
(3) Subject to subsection (4), an employer shall not discriminate against, discipline, or discharge an employee for any of the following reasons:
(a) The employee is a member of the civil air patrol.
(b) The employee is absent from work if all of the following conditions are met:
(i) The employee is absent for the purpose of responding as a member of the civil air patrol to an emergency declared by the governor or the president of the United States.
(ii) The employee gives his or her employer as much notice as possible of the dates the employee will be absent to serve with the civil air patrol during the emergency.
(iii) The employee provides the employer with verification from the civil air patrol of the emergency need for the employee’s volunteer service.
(4) This act does not do any of the following:
(a) Prohibit an employer from treating the time the employee is absent because of emergency civil air patrol service as unpaid time off.
(b) Prohibit an employer from complying with a collective bargaining agreement or employee benefit plan entered into before the effective date of this act.
(5) By 30 days after the effective date of this act, the date of employment, or the date of joining the civil air patrol, whichever is latest, an employee who is a member of the civil air patrol and is trained and qualified to provide emergency services shall notify his or her employer that the employee may be called to an emergency.
(6) An employee or former employee may bring a civil action for damages or equitable relief to enforce this act.