2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.29a - Disqualification From Benefits; Exception for Domestic Violence; Documentation; Definitions.

421.29a Disqualification from benefits; exception for domestic violence; documentation; definitions.
Sec. 29a.
(1) Notwithstanding any other provision of this act, subject to subsection (5), an otherwise eligible individual, as described in section 29(1)(a)(iv), is not disqualified from receiving benefits if the individual demonstrates to the commission that the reason for the individual's leaving work is due to domestic violence, including 1 or more of the following:
(a) The individual's reasonable fear of future domestic violence at or en route to or from the individual's place of employment.
(b) The individual's need to relocate to another geographic area to avoid future domestic violence.
(c) The individual's need to address the physical, psychological, or legal effects of domestic violence.
(d) The individual's need to leave employment as a condition of receiving services or shelter from an agency that provides support services or shelter to victims of domestic violence.
(e) The individual's reasonable belief that termination of employment is necessary for the future safety of the individual or the individual's family because of domestic violence.
(2) An individual may demonstrate to the unemployment agency the existence of domestic violence by providing 1 or more documents, including, but not limited to, the following:
(a) A restraining order or other documentation of equitable relief issued by a court of competent jurisdiction in a domestic violence case.
(b) A police record documenting domestic violence.
(c) Documentation that the perpetrator of the domestic violence against the individual making a claim for benefits under this act has been convicted of a crime involving domestic violence.
(d) Medical documentation of domestic violence.
(e) A statement provided on business or organization letterhead by a counselor, social worker, health worker, member of the clergy, shelter worker, attorney, or other professional who has assisted the individual in addressing the effects of the domestic violence on the individual or the individual's family.
(3) The unemployment agency shall not disclose evidence of domestic violence experienced by an individual, including the individual's statement or corroborating evidence.
(4) As used in this section:
(a) "Domestic violence" means any of the following that are not acts of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(b) "Family or household member" includes any of the following:
(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a dating relationship.
(iv) An individual with whom the person is or has engaged in a sexual relationship.
(v) An individual to whom the person is related or was formerly related by marriage.
(vi) An individual with whom the person has a child in common.
(vii) The minor child of an individual described in subparagraphs (i) to (vi).
(5) This section does not apply after March 31, 2021.
History:
Add. 2020, Act 258, Imd. Eff. Dec. 29, 2020