Michigan Laws 408.967 – Violation of act; actions by employee; enforcement by department; administrative fine
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 408.967
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of licensing and regulatory affairs. See Michigan Laws 408.962
- Director: means the director of the department or the director's designee. 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
- 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
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Trustee: A person or institution holding and administering property in trust.
(1) If an employer violates this act, the eligible employee affected by the violation, at any time within 6 months after the violation may file a claim with the department.
(2) The director shall enforce this act. The director shall establish a system utilizing multiple means of communication to receive complaints regarding non-compliance with this act and investigate complaints received by the department in a timely manner.
(3) Upon receiving a complaint alleging a violation of this act, the department shall investigate the complaint and attempt to resolve it through mediation between the complainant and the subject of the complaint, or other means. The department shall keep complainants notified regarding the status of their complaint and any resultant investigation. If the department determines that a violation has occurred, it shall issue to the offending person a notice of violation and the relief required of the offending person. The department shall prescribe the form and wording of notices of violation, which must include the method of appealing the determination of the department.
(4) The department may impose penalties and grant an eligible employee or former eligible employee payment of all paid medical leave improperly withheld. The department is the trustee for the eligible employee or former eligible employee and shall distribute and account for money collected under this subsection.
(5) An employer that fails to provide paid medical leave in violation of this act is subject to an administrative fine of not more than $1,000.00.
(6) An employer that willfully violates the posting requirement of section 8 is subject to an administrative fine of not more than $100.00 for each separate violation.