HOUSE BILL No. 5247

 

 

November 9, 2017, Introduced by Reps. Pagan, Geiss, Hoadley, Green, Yanez, Wittenberg, Faris, Guerra, Camilleri, Gay-Dagnogo, Brinks, Zemke, Chang, Durhal, Rabhi, Clemente, Hertel, Lasinski, Greig, Santana and Garrett and referred to the Committee on Commerce and Trade.

 

     A bill to require employers to permit use of sick leave to

 

address issues arising from sexual assault, domestic violence, or

 

stalking; and to provide remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) This act shall be known and may be cited as the

 

"sick leave utilization act".

 

     (2) As used in this act:

 

     (a) "Domestic violence" means the occurrence of any of the

 

following acts by a person that is not an act 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) "Sexual assault" means a violation of sections 520a to

 

520l of the Michigan penal code, 1931 PA 328, MCL 750.520a to

 

750.520l.

 

     (c) "Stalking" means that term as defined in section 411h or

 

411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and

 

750.411i.

 

     (3) An employer who offers sick leave as a fringe benefit to

 

any of the employer's employees shall permit use of the sick leave

 

for the purpose of providing or receiving assistance to address

 

issues arising from sexual assault, domestic violence, or stalking

 

that is perpetrated against the employee, a family member of the

 

employee, or a member of the employee's household.

 

     (4) An employee may bring a civil action for damages or

 

equitable relief to enforce this act.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.