Contact:
Office of Policy and Legislative Affairs
Agency:
Energy, Labor & Economic Growth
Analysis
TOPIC: Parental leave act
Sponsor: Senator Young
SENATE COMMITTEE: Human Resources, Labor and Veterans Affairs
DESCRIPTION OF BILL: SB 660 is a newly introduced piece of legislation that attempts to set conditions for parental leave in the state of Michigan. This bill propsoses to provide for parental leave for certain employees; to provide for the powers and duties of employees, employers, the attorney general, and the department of labor; and to provide for penalties and remedies.
The powers and duties of employees include the following:
Upon notice to his or her employer, each employee is entitled in any 2-year period to an immediate paid parental leave of not fewer than 60 working days, which need not be taken consecutively.
An employee who takes leave may not work for monetary compensation or otherwise, for any other employer while on leave.
In addition to a paid parental leave, an employee is entitled in any 2-year period to an unpaid parental leave of not fewer than 120 working days, which need not be taken consecutively.
An employee shall pay to the employer existing employment benefit costs, if any.
When taking a parental leave consisting of 2 or more consecutive weeks, an employee shall submit to the employer, within 1 week after the leave begins, written verification of the birth, adoption, or serious illness, as applicable, of the employee's child or other dependent.
An employee may take a reduced leave schedule which shall not spread over 180 working days.
At any time within 1 year after an alleged violation of this act, an aggrieved employee may bring a civil action for relief or file a complaint with the department.
The duties and powers of employers set forth in SB 660 include the following:
During paid parental leave, the employer shall maintain any existing employment benefits of the employee as if they were still working. Paid parental leave shall not be considered a break in the employee's service.
An employer may substitute an employer-sponsored disability insurance policy or disability benefit plan for all or part of the 60-day paid parental leave.
Immediately upon expiration of parental leave, the employer shall restore employment either to the position previously held by the employee or to an equivalent position of like seniority, status, employment benefits and pay.
An employer shall not suspend, discharge, or in any other manner discipline or discriminate against an employee for exercising any of the rights provided by this act, including the right to bring civil action and file a complaint against the employer.
An employer who violates this act is liable to the employee(s) affected in an amount equal to any wages, salary, employment benefits, or other compensation determined by the court.
To determine whether an employer has violated this act, the department, if it has reasonable cause to believe that a violation has occurred, may conduct an investigation. In connection with the investigation, the department may enter any places, inspect any books and records and question any persons in connection with the violation.
Upon receiving a complaint from an employee, if the department determines there is reasonable cause to believe the employer has violated this act and the department is unable to obtain voluntary compliance by the employer within a reasonable period of time, the attorney general shall bring a civil action for relief.
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