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Labor and Economic Opportunity

Governmental Positions Excluded From Receiving Unemployment Benefits

The following is a partial listing of employment for a governmental entity that is excluded from coverage for unemployment benefits under Section 43(o) of Michigan's Employment Security Act:

  • Elected officials.
  • Members of legislative bodies or the judiciary. Example: members of the state Supreme Court and Court of Appeals as well as circuit and district court judges and magistrates. Also excluded are members of the state legislature and local city councils.
  • Those serving with local units of government on a temporary basis in case of fire, storms, snow, earthquakes, floods or similar emergencies. Example: volunteer firefighters.
  • Those who serve in posts, under the laws of Michigan, that are designated as major nontenured policymaking or advisory positions or in policymaking or advisory posts whose duties do not ordinarily require more than eight hours a week to perform. Clarification: A “major” position is one that is filled by an appointment made by the chief executive of the governmental unit. A “nontenured” position is one in which the occupant serves at the pleasure of the chief executive. A “policymaking” position is one that has ultimate authority within that organization.
  • Those who work as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by a federal or state agency or agency of a political subdivision. Example: participants in Senior Community Employment Programs.
  • An inmate of a custodial or penal institution.
  • Youth who work through a summer employment program administered by the state Departments of Natural Resources or Transportation.