HOUSE BILL NO. 5905

A bill to prohibit an employer from discriminating against, disciplining, or discharging an employee who is absent from work to respond to an emergency as an emergency responder; and to provide remedies for a violation of this act.

the people of the state of michigan enact:

Sec. 1. This act may be cited as the "emergency responder employment protection act".

Sec. 2. As used in this act:

(a) "Emergency responder" means an individual who is required to possess a license, certificate, permit, or other official recognition for the individual's expertise in a particular field or area of knowledge, whose assistance in that field or area is utilized or is desirable during an emergency, and who provides that assistance during emergencies on a volunteer or paid on-call basis. Emergency responder includes, but is not limited to, emergency medical services personnel; physicians; nurses; mental health, veterinary, or other public health practitioners; emergency management personnel; public works personnel; and firefighters, including, but not limited to, firefighters trained in the areas of hazardous materials, specialized rescue, extrication, water rescue, or other specialized area. Emergency responder does not include law enforcement officers or other law enforcement personnel.

(b) "Employee" means an individual who receives wages or remuneration for providing services to an employer.

(c) "Employer" means a person that provides wages or remuneration to 1 or more individuals who perform services for the employer under an express or implied contract of hire.

Sec. 3. (1) Subject to subsection (2), an employer shall not discriminate against, discipline, or discharge an employee for any of the following reasons:

(a) The employee is an emergency responder.

(b) The employee is absent from work and all of the following conditions are met:

(i) One of the following conditions is met:

(A) The employee is absent for the purpose of responding as an emergency responder to an emergency that began before the start of the shift for which the employee is absent.

(B) The employee is absent for the purpose of responding as an emergency responder to an emergency that occurs during the employee's shift, is located within the emergency response jurisdiction, and is not more than 15 miles from the location of the employee's shift.

(ii) The employee provides the employer with verification of the emergency need for the employee's service.

(iii) The employee's absence does not create a workplace safety concern or endanger the life or property of another person.

(2) This act does not do any of the following:

(a) Prohibit an employer from treating the time the employee is absent under subsection (1)(b) as paid time off or unpaid time off.

(b) Prohibit an employer from complying with a collective bargaining agreement or employee benefit plan entered into before the effective date of this act.

(3) Not later than 30 days after the effective date of this act, the date of employment, or the date of a change in an employee's status as an emergency responder, whichever is latest, the employee shall notify the employee's employer of the employee's status as an emergency responder.

(4) An employee who is an emergency responder shall provide to the employee's employer 2 times each year, or at the request of the employer, documentation that indicates that the employee is an emergency responder.

(5) An employee or former employee may bring a civil action for damages or equitable relief to enforce this act.