HB-5061, As Passed Senate, June 14, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5061

     A bill to amend 1976 PA 390, entitled

"Emergency management act,"

(MCL 30.401 to 30.421) by amending the title, as amended by 1990 PA

50, and by adding section 11a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act to provide for planning, mitigation, response, and

recovery from natural and human-made disaster within and outside

this state; to create the Michigan emergency management advisory

council and prescribe its powers and duties; to prescribe the

powers and duties of certain state and local agencies and

officials; to prescribe immunities and liabilities; to provide for

the acceptance of gifts; and to repeal  certain acts and parts of

acts.  ; and to repeal certain parts of the act.

     Sec. 11a. (1) A state employee who is not in the state

classified civil service and who is skilled in emergency relief

assistance and certified as a disaster services volunteer by the

American Red Cross may be granted an unpaid leave of absence from

his or her state employment to provide disaster or emergency relief

assistance in this state.

     (2) A state employee in the state classified civil service who

is skilled in emergency relief assistance and certified as a

disaster services volunteer by the American Red Cross may be

granted a leave of absence from his or her classified employment to

provide disaster or emergency relief assistance in this state as

authorized by the civil service commission.

     (3) In addition to unpaid leave under subsection (1) or (2),

an employee of an agency in any branch of state government who is

skilled in emergency relief assistance and certified as a disaster

services volunteer by the American Red Cross may be granted leave

from work with pay for not more than 10 days in any 12-month period

to participate in specialized disaster relief services within or

outside of this state if all of the following circumstances are

present:

     (a) The governor or the president of the United States has

declared the disaster.

     (b) The American Red Cross has requested the services of the

employee.

     (c) The employee's department head has approved the leave.

     (d) If the services are rendered outside the state by an

employee in the executive branch, the governor has approved the

leave.

     (e) If the employee is in the state classified civil service,

the civil service commission has approved the leave.

     (4) Not more than 50 state employees shall be granted paid

leave under subsection (3) during the fiscal year. The governor may

increase the limit on the number of state employees who may be

granted paid disaster leave during the fiscal year by executive

order.

     (5) This state shall not penalize or otherwise take adverse

employment action against a state employee because the employee

takes a leave of absence authorized under this section to provide

disaster or emergency relief assistance. However, the state shall

recover payment for paid disaster leave from an employee who is

granted paid leave under subsection (3) if the employee does not

use the leave time for the approved purpose.