2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 338 of 2018 - Paid Medical Leave Act (408.961 - 408.974) › Section 408.962 - Definitions.

408.962 Definitions.
Sec. 2.
As used in this act:
(a) "Benefit year" means any consecutive 12-month period used by an employer to calculate an eligible employee's benefits.
(b) "Department" means the department of licensing and regulatory affairs.
(c) "Director" means the director of the department or the director's designee.
(d) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
(e) "Eligible employee" means an individual engaged in service to an employer in the business of the employer and from whom an employer is required to withhold for federal income tax purposes. Eligible employee does not include any of the following:
(i) An individual who is exempt from overtime requirements under section 13(a)(1) of the fair labor standards act, 29 USC 213(a)(1).
(ii) An individual who is not employed by a public agency, as that term is defined in section 3 of the fair labor standards act, 29 USC 203, and who is covered by a collective bargaining agreement that is in effect.
(iii) An individual employed by the United States government, another state, or a political subdivision of another state.
(iv) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to title II of the railway labor act, 45 USC 151 to 188.
(v) An employee as described in section 201 of the railway labor act, 45 USC 181.
(vi) An employee as defined in section 1 of the railroad unemployment insurance act, 45 USC 351.
(vii) An individual whose primary work location is not in this state.
(viii) An individual whose minimum hourly wage rate is determined under section 4b of the improved workforce opportunity wage act, 2018 PA 337, MCL 408.934b.
(ix) An individual described in section 29(1)(l) of the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.29.
(x) An individual employed by an employer for 25 weeks or fewer in a calendar year for a job scheduled for 25 weeks or fewer.
(xi) A variable hour employee as defined in 26 CFR 54.4980H-1.
(xii) An individual who worked, on average, fewer than 25 hours per week during the immediately preceding calendar year.
(f) "Employer" means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company, government entity, or other entity that employs 50 or more individuals. Employer does not include the United States government, another state, or a political subdivision of another state.
(g) "Family member" includes all of the following:
(i) A biological, adopted or foster child, stepchild or legal ward, or a child to whom the eligible employee stands in loco parentis.
(ii) A biological parent, foster parent, stepparent, or adoptive parent or a legal guardian of an eligible employee or an eligible employee's spouse or an individual who stood in loco parentis when the eligible employee was a minor child.
(iii) An individual to whom the eligible employee is legally married under the laws of any state.
(iv) A grandparent.
(v) A grandchild.
(vi) A biological, foster, or adopted sibling.
(h) "Health care provider" means that term as defined in section 101 of the family and medical leave act, 29 USC 2611.
(i) "Paid medical leave" means time off from work that is provided by an employer to an eligible employee that can be used for the purposes described in section 4(1).
(j) "Sexual assault" means any act that violates section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
History:
2018, Act 338, Eff. Mar. 29, 2019 ;-- Am. 2018, Act 369, Eff. Mar. 29, 2019
Compiler's Notes:
Public Act 338 was proposed by initiative petition pursuant to Const. 1963, art 2, section 9. On September 5, 2018, the initiative petition was approved by an affirmative vote of the majority of the members of the Senate and an affirmative vote of the majority of the members of the House of Representatives, and filed with the Secretary of State on September 5, 2018.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.