Need help with a review of an employment contract? Chat with an attorney and protect your rights.

Terms Used In Michigan Laws 408.964

  • Domestic violence: means that term as defined in section 1 of 1978 PA 389, MCL 400. See Michigan Laws 408.962
  • 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. See Michigan Laws 408.962
  • 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. See Michigan Laws 408.962
  • 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. See Michigan Laws 408.962
  • Health care provider: means that term as defined in section 101 of the family and medical leave act, 29 USC 2611. See Michigan Laws 408.962
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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). See Michigan Laws 408.962
  • Sexual assault: means any act that violates section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 408.962
  •   (1) An employer shall allow an eligible employee to use paid medical leave accrued under section 3 for any of the following:
      (a) The eligible employee’s mental or physical illness, injury, or health condition; medical diagnosis, care, or treatment of the eligible employee’s mental or physical illness, injury, or health condition; or preventative medical care for the eligible employee.
      (b) The eligible employee’s family member‘s mental or physical illness, injury, or health condition; medical diagnosis, care, or treatment of the eligible employee’s family member’s mental or physical illness, injury, or health condition; or preventative medical care for a family member of the eligible employee.
      (c) If the eligible employee or the eligible employee’s family member is a victim of domestic violence or sexual assault, the medical care or psychological or other counseling for physical or psychological injury or disability; to obtain services from a victim services organization; to relocate due to domestic violence or sexual assault; to obtain legal services; or to participate in any civil or criminal proceedings related to or resulting from the domestic violence or sexual assault.
      (d) For closure of the eligible employee’s primary workplace by order of a public official due to a public health emergency; for an eligible employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency; or if it has been determined by the health authorities having jurisdiction or by a health care provider that the eligible employee’s or eligible employee’s family member’s presence in the community would jeopardize the health of others because of the eligible employee’s or family member’s exposure to a communicable disease, whether or not the eligible employee or family member has actually contracted the communicable disease.
      (2) An eligible employee shall, when requesting to use paid medical leave, comply with his or her employer’s usual and customary notice, procedural, and documentation requirements for requesting leave. An employer shall give an eligible employee at least 3 days to provide the employer with documentation. This act does not prohibit an employer from disciplining or discharging an eligible employee for failing to comply with the employer’s usual and customary notice, procedural, and documentation requirements for requesting leave.
      (3) Paid medical leave must be used in 1-hour increments unless the employer has a different increment policy and the policy is in writing in an employee handbook or other employee benefits document.
      (4) An employer may require an eligible employee who is using paid medical leave because of domestic violence or sexual assault to provide documentation that the paid medical leave has been used for that purpose. The following types of documentation are satisfactory for purposes of this subsection:
      (a) A police report indicating that the eligible employee or the eligible employee’s family member was a victim of domestic violence or sexual assault.
      (b) A signed statement from a victim and witness advocate affirming that the eligible employee or eligible employee’s family member is receiving services from a victim services organization.
      (c) A court document indicating that the eligible employee or eligible employee’s family member is involved in legal action related to domestic violence or sexual assault.
      (5) An employer shall not require that the documentation provided under subsection (4) explain the details of the violence. An employer shall not require disclosure of details relating to domestic violence or sexual assault or the details of an eligible employee’s or an eligible employee’s family member’s medical condition as a condition of providing paid medical leave under this act. If an employer possesses health information or information pertaining to domestic violence or sexual assault about an eligible employee or eligible employee’s family member, the employer shall treat that information as confidential and shall not disclose that information except to the affected eligible employee or with the permission of the affected eligible employee.
      (6) This act does not require an employer to provide paid medical leave for any purposes other than as described in this section.