HOUSE BILL NO. 4574
May 16, 2023, Introduced by Reps. Scott, McFall, Rheingans, Hood, Coffia, Brixie, Churches,
Edwards, McKinney, Neeley, Farhat, Tyrone Carter, Arbit, MacDonell, Martus, Conlin, Weiss,
Morse, Hoskins, Liberati, O'Neal, Young, Grant, Brenda Carter, Dievendorf, Hope, Paiz,
Coleman, Andrews, Miller, Byrnes, Hill, Tsernoglou, Steckloff, Price and Whitsett and
referred to the Committee on Labor.
A bill to provide family leave and family leave optimal
coverage benefits to certain individuals; to establish the
circumstances under which family leave may be granted and family
leave optimal coverage benefits may be paid; to require employer
and employee contributions; to require certain duties of an
employer; to prohibit certain discrimination and certain
retaliatory actions; to require the coordination of certain
benefits; to provide for the powers and duties of certain state
governmental officers and entities; to require the promulgation of
BJH H00498'23 *
 2
rules; to provide for certain procedures for the resolution of
claims; to establish the family leave optimal coverage fund; to
require reporting; to provide for remedies; and to prohibit certain
actions and prescribe civil sanctions.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. This act may be cited as the "family leave optimal
2 coverage act".
3 Sec. 3. As used in this act:
4 (a) "Alternative base period" means the last 4 completed
5 calendar quarters immediately preceding the first day of an
6 individual's benefit year.
7 (b) "Average weekly wage" means 1/13 of the wages paid during
8 the quarter of a covered individual's base period or alternative
9 base period in which the total wages were highest.
10 (c) "Base period" means the first 4 of the last 5 completed
11 calendar quarters immediately preceding the first day of a covered
12 individual's benefit year. However, if the first quarter of the
13 last 5 completed calendar quarters was included in the base period
14 applicable to a covered individual's previous benefit year, the
15 covered individual's base period shall be the last 4 completed
16 calendar quarters.
17 (d) "Benefit year" means a 12-month period that begins on the
18 first day of the week in which an individual submits a claim for
19 family leave optimal coverage benefits.
20 (e) "Bereavement leave" means time off from work or the
21 availability for employment because of the death of a covered
22 individual's family member.
23 (f) "Child" means an individual who is any of the following:
24 (i) A covered individual's biological, adopted, or foster
BJH H00498'23 *
 3
1 child, stepchild, or legal ward.
2 (ii) A child of a covered individual's domestic partner.
3 (iii) A child to whom a covered individual stands in loco
4 parentis.
5 (iv) An individual to whom a covered individual stood in loco
6 parentis when the individual was a minor.
7 (g) "Communicable disease" means that term as defined in
8 section 5101 of the public health code, 1978 PA 368, MCL 333.5101.
9 (h) "Covered individual" means either of the following:
10 (i) An individual who satisfies all of the following
11 conditions:
12 (A) Submits a claim for family leave optimal coverage benefits
13 to the department.
14 (B) Has done 1 of the following:
15 (I) Made contributions to the family leave optimal coverage
16 fund as required under section 11 during the 12-month period
17 immediately preceding the date the individual submits the
18 individual's claim. An employer's failure to remit contributions to
19 the family leave optimal coverage fund on behalf of an individual
20 does not affect the individual's eligibility for family leave
21 optimal coverage benefits.
22 (II) Elected coverage as a self-employed individual under
23 section 19.
24 (ii) An individual who meets both of the following conditions:
25 (A) The individual is a former employee who has been separated
26 from employment for not more than 26 weeks at the start of the
27 individual's family leave.
28 (B) The individual satisfies the requirements of subparagraph
29 (i).
BJH H00498'23 *
 4
1 (i) "Department" means the department of labor and economic
2 opportunity.
3 (j) "Director" means the director of the department or the
4 director's designee.
5 (k) "Domestic partner" means an individual who is 18 years of
6 age or older in a committed relationship with another individual
7 who is 18 years of age or older, including both same-sex and
8 different-sex relationships. As used in this subdivision,
9 "committed relationship" means a relationship in which the domestic
10 partners share responsibility for a significant measure of each
11 other's common welfare, including, but not limited to, any
12 relationship that is granted legal recognition as a marriage, civil
13 union, or analogous relationship by this state, a political
14 subdivision of this state, another state, or a political
15 subdivision of another state, or the District of Columbia.
16 (l) "Domestic violence" means that term as defined in section 1
17 of 1978 PA 389, MCL 400.1501.
18 (m) "Employee" means an individual engaged in service to an
19 employer in the business of the employer. Employee does not include
20 either of the following:
21 (i) An individual employed by the United States government.
22 (ii) An employee as that term is defined in section 351 of the
23 railroad unemployment insurance act, 45 USC 351.
24 (n) "Employer" means a person that employs 1 or more
25 employees. Employer does not include the United States government.
26 (o) "Family leave" means time off from work or the
27 availability of employment that can be used for the reasons
28 described in section 5(1).
29 (p) "Family leave optimal coverage benefits" means the
BJH H00498'23 *
 5
1 benefits paid to a covered individual for family leave taken under
2 this act.
3 (q) "Family member" includes any of the following:
4 (i) A child, regardless of the child's age.
5 (ii) A biological, adoptive, or foster parent of the covered
6 individual or of the covered individual's spouse or domestic
7 partner.
8 (iii) A stepparent or legal guardian of the covered individual
9 or of the covered individual's spouse or domestic partner.
10 (iv) A person who stood in loco parentis to the covered
11 individual when the covered individual was a minor child.
12 (v) A person who stood in loco parentis to the covered
13 individual's spouse or domestic partner when the covered
14 individual's spouse or domestic partner was a minor child.
15 (vi) The covered individual's spouse.
16 (vii) The covered individual's domestic partner.
17 (viii) A biological, foster, or adoptive grandparent or step-
18 grandparent of the covered individual or of the covered
19 individual's spouse or domestic partner.
20 (ix) A biological, foster, or adoptive grandchild or step-
21 grandchild of the covered individual or of the covered individual's
22 spouse or domestic partner.
23 (x) A biological, foster, or adoptive sibling or stepsibling
24 of the covered individual or of the covered individual's spouse or
25 domestic partner.
26 (xi) An individual to whom the covered individual is related by
27 blood and whose relationship with the covered individual is the
28 equivalent of a familial relationship.
29 (r) "Health care provider" means any of the following:
BJH H00498'23 *
 6
1 (i) An individual licensed or registered under article 15 of
2 the public health code, 1978 PA 368, MCL 333.16101 to 333.18838,
3 including, but not limited to, a doctor, nurse, or midwife.
4 (ii) An individual authorized under federal law, the laws of
5 another state, or the laws of another country to provide medical or
6 emergency services, including, but not limited to, a doctor, nurse,
7 emergency room personnel, clinical social worker, licensed
8 professional counselor, licensed midwife, or certified doula, if
9 the individual provides the medical or emergency services in
10 accordance with the authorization, and within the jurisdiction, of
11 the authorizing authority.
12 (s) "Interference" means an action that may have the effect of
13 preventing or discouraging an employee from exercising a right
14 guaranteed under this act, including, but not limited to, any of
15 the following:
16 (i) Failing to comply with the requirements of section 17.
17 (ii) Failing to provide an employee with complete and accurate
18 information related to an application for family leave optimal
19 coverage benefits as may be required from an employer under section
20 17.
21 (iii) Failing to accurately and timely complete and return an
22 application for family leave optimal coverage benefits as may be
23 required from an employer under section 17.
24 (iv) Providing the department with inaccurate or incomplete
25 information about an employee's wages or employment as it relates
26 to the employee's eligibility for family leave optimal coverage
27 benefits.
28 (t) "Military member" means a member of the Armed Forces of
29 the United States, a reserve branch of the Armed Forces of the
BJH H00498'23 *
 7
1 United States, or the national guard.
2 (u) "Person" means an individual or a partnership,
3 corporation, limited liability company, governmental entity, or
4 other legal entity.
5 (v) "Qualifying exigency leave" means time off from work or
6 the availability for employment taken by a family member of a
7 military member to do any of the following:
8 (i) Child care and school activities described in 29 CFR
9 825.126.
10 (ii) Parental care described in 29 CFR 825.126.
11 (iii) Address any issue that arises because the military member
12 is notified not more than 7 days before the date of deployment of
13 an impending call or order to active duty.
14 (iv) Attend an official ceremony, program, or event sponsored
15 by the military that is related to the military member's active
16 duty or call to active duty status.
17 (v) Attend family-support or assistance programs and
18 informational briefings sponsored or promoted by the military, a
19 military service organization, or the American Red Cross that are
20 related to the military member's active duty or call to active duty
21 status.
22 (vi) Make or update financial or legal arrangements to address
23 the military member's absence while the military member is on
24 active duty or call to active duty status, including, but not
25 limited to, any of the following:
26 (A) Prepare and execute financial or health care powers of
27 attorney.
28 (B) Transfer bank account signature authority.
29 (C) Enroll in the Defense Enrollment Eligibility Reporting
BJH H00498'23 *
 8
1 System through the United States Department of Defense.
2 (D) Obtain military identification cards.
3 (E) Prepare or update a will or living trust.
4 (vii) Act as the military member's representative before a
5 federal, state, or local agency to obtain, arrange, or appeal
6 military service benefits under either of the following
7 circumstances:
8 (A) While the military member is on active duty or call to
9 active duty status.
10 (B) During the 90-day period immediately following the
11 termination of the military member's active duty status.
12 (viii) If counseling is necessary because of the military
13 member's active duty or call to active duty status, attend
14 counseling provided by an individual other than a health care
15 provider for any of the following individuals:
16 (A) The family member.
17 (B) The military member.
18 (C) A biological, adopted, or foster child of the military
19 member.
20 (D) A stepchild or legal ward of the military member.
21 (E) A child of the military member's domestic partner.
22 (F) A child to whom the military member stands in loco
23 parentis.
24 (ix) If the military member is on Rest and Recuperation leave
25 during the military member's period of deployment, spend time with
26 the military member.
27 (x) Attend arrival ceremonies, reintegration briefings and
28 events, or any other official ceremony or program sponsored by the
29 military during the 90-day period immediately following the
BJH H00498'23 *
 9
1 termination of the military member's active duty status.
2 (xi) Address any issue that arises from the death of the
3 military member while on active duty status, including, but not
4 limited to, meeting and recovering the military member's body,
5 making funeral arrangements, and attending funeral services.
6 (xii) Address any other event that arises out of the military
7 member's active duty or call to active duty status if the family
8 member and family member's employer agree that the leave qualifies
9 as an exigency and agree to the timing and duration of the leave.
10 (w) "Retaliatory personnel action" means interference with or
11 an action to deny any right granted an employee under this act.
12 Retaliatory personnel action includes, but is not limited to, any
13 of the following:
14 (i) Threatening an employee.
15 (ii) Discharging, suspending, demoting, or reducing the work
16 hours of an employee.
17 (iii) Reporting or threatening to report the suspected
18 citizenship or immigration status of an employee or employee's
19 family member to a federal, state, or local agency.
20 (iv) Punishing an employee for an employee's participation in
21 or assistance with an investigation, proceeding, or hearing under
22 this act.
23 (v) Any other adverse action against an employee in response
24 to an employee's exercise of a right granted under this act.
25 (x) "Safe leave" means time off from work or the availability
26 for employment because the covered individual or the covered
27 individual's family member is a victim of an act of violence,
28 including, but not limited to, domestic violence or sexual assault.
29 Time off from work or the availability of employment under this
BJH H00498'23 *
 10
1 subdivision includes, but is not limited to, any of the following:
2 (i) Medical care for the covered individual's or family
3 member's physical injury or disability.
4 (ii) Psychological or other counseling for the covered
5 individual's or family member's psychological injury or disability.
6 (iii) To obtain services from a victim services organization.
7 (iv) To relocate from the covered individual's or family
8 member's place of residence to a new place of residence.
9 (v) To obtain legal services.
10 (vi) To participate in a civil or criminal proceeding.
11 (y) "Serious health condition" means an illness, injury,
12 impairment, pregnancy, recovery from childbirth, or physical or
13 mental condition that involves any of the following:
14 (i) Inpatient care in a hospital, hospice, or residential care
15 facility.
16 (ii) Continuous treatment by a health care provider.
17 (iii) A condition associated with a public health emergency.
18 (z) "Sexual assault" means any act that violates section 520b,
19 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328,
20 MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
21 (aa) "Spouse" means an individual who is 18 years of age or
22 older and who is legally married to another individual who is 18
23 years of age or older under the laws of this state or another
24 state.
25 (bb) "State average weekly wage" means the state average
26 weekly wage as determined by the unemployment insurance agency
27 under section 27 of the Michigan employment security act, 1936 (Ex
28 Sess) PA 1, MCL 421.27.
29 Sec. 5. (1) Beginning January 1, 2026, a covered individual
BJH H00498'23 *
 11
1 may take not more than 15 weeks of family leave in a benefit year.
2 A covered individual may take family leave for any of the following
3 reasons:
4 (a) The birth or adoption of a child or placement of a child
5 through foster care.
6 (b) An absence related to the adoption of a child or placement
7 of a child through foster care if the absence is necessary for the
8 adoption or placement to proceed.