An act to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 29 (MCL 421.29), as amended by 2020 PA 258.
The legislative text amends the Michigan Employment Security Act, specifically section 29 (MCL 421.29), to refine the conditions under which individuals are disqualified from receiving unemployment benefits. The amendments clarify that individuals who leave work voluntarily without good cause attributable to the employer, or who are absent for three consecutive workdays without acceptable contact, are presumed to have left voluntarily without good cause. The burden of proof lies with the claimant to establish that they left involuntarily or for good cause. The bill also addresses situations where individuals leave work for medical reasons, requiring them to secure a medical statement, attempt to find alternative work, and seek a leave of absence before leaving. Provisions related to COVID-19 are included, allowing individuals to leave work to self-isolate or quarantine under specific conditions without being disqualified. The bill outlines several exceptions where leaving work does not disqualify an individual, such as leaving unsuitable work within 60 days, leaving due to a spouse's military reassignment, or being a victim of domestic violence. Additionally, the bill specifies that benefits paid under these exceptions should be charged to the nonchargeable benefits account rather than the employer's experience account.
The legislation also modifies the requalification requirements for individuals disqualified from benefits, detailing the number of requalifying weeks needed based on the reason for disqualification and the benefit year. It stipulates that benefits payable to disqualified individuals should be charged to the nonchargeable benefits account. The bill further defines what constitutes suitable work and the conditions under which benefits must not be denied for refusing new work. It includes provisions for individuals disqualified due to labor disputes, specifying conditions under which disqualification is terminated and defining "directly interested" in the context of labor disputes. The bill mandates that individuals repay benefits if the unemployment agency determines that benefits should not have been paid due to ineligibility or disqualification, without charging interest on repayments. Lastly, the bill includes a temporary provision, effective from May 1, 2020, to October 20, 2020, allowing individuals who leave work to accept permanent full-time work with another employer to be considered as meeting the requirements, even if they did not perform services for the new employer.
Introduced
by
Referred to the Committee on Labor
Reported with substitute S-1
Referred to the Committee of the Whole
Reported with substitute S-1
Substitute S-1 concurred in by voice vote
Passed in the Senate 21 to 15 (details)
Passed in the House 56 to 53 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
