SENATE BILL NO. 616 May 26, 1999, Introduced by Senators MILLER, CHERRY, DINGELL, DE BEAUSSAERT, BYRUM, HART, YOUNG, EMERSON, LELAND and A. SMITH and referred to the Committee on Human Resources, Labor, Senior Citizens and Veterans Affairs. A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 28a (MCL 421.28a), as amended by 1994 PA 162. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 28a. (1) For benefit years beginning before the con- 2 version date prescribed in section 75, and notwithstanding any 3 other provision of this act, an unemployed individual who has a 4 benefit year in effect and who has not exhausted benefit entitle- 5 ment may have unused credit weeks preserved during a period of 6 continuous involuntary disability OR AUTHORIZED LEAVE OF ABSENCE 7 if a written request from the individual to preserve the unused 8 credit weeks is received by the commission within 90 days after 9 the commencement of the period of disability OR AUTHORIZED LEAVE 10 OF ABSENCE, within 90 days after being advised of his or her 02807'99 DMS 2 1 rights by the commission, or if the individual is unable to 2 submit the written request due to a medical inability, within 90 3 days after the end of that medical inability. For benefit years 4 beginning after the conversion date prescribed in section 75, and 5 notwithstanding any other provision of this act, an unemployed 6 individual who has a benefit year in effect and who has not 7 exhausted benefit entitlement may have unused benefit entitlement 8 preserved during a period of continuous involuntary disability OR 9 AUTHORIZED LEAVE OF ABSENCE if a written request from the indi- 10 vidual to preserve the unused benefit entitlement is received by 11 the commission within 90 days after the commencement of the 12 period of disability OR AUTHORIZED LEAVE OF ABSENCE, within 90 13 days after being advised of his or her rights by the commission, 14 or if the individual is unable to submit the written request due 15 to a medical inability, within 90 days after the end of that med- 16 ical inability. 17 (2) For benefit years beginning before the conversion date 18 prescribed in section 75, unused credit weeks shall not be pre- 19 served FOR A PERIOD OF CONTINUOUS DISABILITY pursuant to this 20 section unless the commission receives a written statement from 21 the individual's physician within 90 days after the commencement 22 of the disability, within 90 days after the individual is advised 23 of his or her rights by the commission, or if the individual is 24 unable to submit the written statement due to a medical inabili- 25 ty, within 90 days after the end of that medical inability the 26 commission receives the written statement from the individual's 02807'99 3 1 physician. The written statement from the individual's physician 2 shall certify all of the following: 3 (a) The nature of the injury, illness, or hospitalization. 4 (b) That based upon the examination of the physician, the 5 individual is not able and available to perform full-time work as 6 described in section 28(1)(c). 7 (c) The probable duration of the injury, illness, or 8 hospitalization. 9 For benefit years beginning after the conversion date prescribed 10 in section 75, unused benefit entitlement shall not be preserved 11 FOR A PERIOD OF CONTINUOUS DISABILITY pursuant to this section 12 unless the commission receives a written statement from the 13 individual's physician within 90 days after the commencement of 14 the disability, within 90 days after the individual is advised of 15 his or her rights by the commission, or if the individual is 16 unable to submit the written statement due to a medical inabili- 17 ty, within 90 days after the end of that medical inability the 18 commission receives the written statement from the individual's 19 physician. The written statement from the individual's physician 20 shall certify all of the following: 21 (a) The nature of the injury, illness, or hospitalization. 22 (b) That based upon the examination of the physician, the 23 individual is not able and available to perform full-time work as 24 described in section 28(1)(c). 25 (c) The probable duration of the injury, illness, or 26 hospitalization. 02807'99 4 1 (3) The commission immediately shall provide a copy of the 2 statement required by subsection (2) to the individual's last 3 employer and all base period employers. 4 (4) For benefit years beginning before the conversion date 5 as prescribed in section 75, an individual who has unused credit 6 weeks preserved pursuant to this section shall receive an exten- 7 sion of his or her benefit year equal in weeks to the number of 8 weeks the period of disability OR AUTHORIZED LEAVE OF ABSENCE 9 continued during the benefit year. The extension shall begin 10 with the week after the week in which the disability OR AUTHO- 11 RIZED LEAVE OF ABSENCE terminated. Benefits may be paid for 12 weeks of unemployment after the period of disability OR AUTHO- 13 RIZED LEAVE OF ABSENCE if the individual is eligible and quali- 14 fied but benefits shall not be payable under this section for any 15 week that commences more than 156 weeks after the first week of 16 the benefit year. For benefit years beginning after the conver- 17 sion date prescribed in section 75, an individual who has unused 18 benefit entitlement preserved pursuant to this section shall 19 receive an extension of his or her benefit year equal in weeks to 20 the number of weeks the period of disability OR AUTHORIZED LEAVE 21 OF ABSENCE continued during the benefit year. The extension 22 shall begin with the week after the week in which the disability 23 OR AUTHORIZED LEAVE OF ABSENCE terminated. Benefits may be paid 24 for weeks of unemployment after the period of disability OR 25 AUTHORIZED LEAVE OF ABSENCE if the individual is eligible and 26 qualified but benefits shall not be payable under this section 02807'99 5 1 for any week that commences more than 156 weeks after the first 2 week of the benefit year. 3 (5) As used in this section, a period of "continuous 4 disability" means a period continuing for more than 14 consecu- 5 tive days during which an unemployed individual is not able and 6 available to perform full-time work, as described in section 7 28(1)(c), due to injury, illness, or hospitalization. 8 "AUTHORIZED LEAVE OF ABSENCE" MEANS AN ABSENCE FROM EMPLOYMENT 9 THAT IS APPROVED BY THE INDIVIDUAL'S EMPLOYER AND EXTENDS FOR 10 MORE THAN 14 CONSECUTIVE DAYS. 11 (6) For benefit years beginning before the conversion date 12 prescribed in section 75, an unemployed individual who has been 13 unable to establish a benefit year solely due to a period of con- 14 tinuous disability OR AN AUTHORIZED LEAVE OF ABSENCE may preserve 15 all credit weeks earned by the individual in the 52 week period 16 preceding the individual's first week of unemployment, as defined 17 in section 48, caused by the disability OR AUTHORIZED LEAVE OF 18 ABSENCE. However, credit weeks may be preserved FOR A PERIOD OF 19 CONTINUOUS DISABILITY if the commission receives a written 20 request and a physician's statement, as described in subsections 21 (1) and (2) within 90 days after the commencement of the unem- 22 ployment, within 90 days after being advised of his or her rights 23 by the commission, or if the individual is unable to submit the 24 written statement and request due to a medical inability, within 25 90 days after the end of that medical inability. The 26 individual's benefit year shall begin the first week the 27 individual was both unemployed and disabled OR ON AN AUTHORIZED 02807'99 6 1 LEAVE OF ABSENCE, and the benefit year shall be extended pursuant 2 to subsection (4). For benefit years beginning after the conver- 3 sion date prescribed in section 75, an unemployed individual who 4 has been unable to establish a benefit year solely due to an 5 inability to file a claim because of a period of continuous dis- 6 ability OR AN AUTHORIZED LEAVE OF ABSENCE may preserve all unused 7 benefit entitlement in the base period preceding the individual's 8 first week of unemployment, as defined in section 48, caused by 9 the disability OR AUTHORIZED LEAVE OF ABSENCE. However, benefit 10 entitlement FOR A PERIOD OF CONTINUOUS DISABILITY may be pre- 11 served if the commission receives a written request and a 12 physician's statement, as described in subsections (1) and (2) 13 within 90 days after the commencement of the unemployment, within 14 90 days after being advised of his or her rights by the commis- 15 sion, or if the individual is unable to submit the written state- 16 ment and request due to a medical inability, within 90 days after 17 the end of that medical inability. The individual's benefit year 18 shall begin the first week the individual was both unemployed and 19 disabled OR ON AN AUTHORIZED LEAVE OF ABSENCE, and the benefit 20 year shall be extended pursuant to subsection (4). 21 (7) For benefit years beginning before the conversion date 22 prescribed in section 75, if an individual has sufficient credit 23 weeks to establish a new benefit year under section 46 after the 24 termination of the period of continuous disability OR AUTHORIZED 25 LEAVE OF ABSENCE, and is otherwise eligible and qualified for 26 benefits, the individual shall cease to be entitled to benefits 27 under this section. For benefit years beginning after the 02807'99 7 1 conversion date prescribed in section 75, if an individual has 2 sufficient base period wages to establish a new benefit year 3 under section 46 after the termination of the period of continu- 4 ous disability OR AN AUTHORIZED LEAVE OF ABSENCE, and is other- 5 wise eligible and qualified for benefits, the individual shall 6 cease to be entitled to benefits under this section. 7 (8) This sectionshall applyAPPLIES to all benefit years 8 that commence afterthe effective date of this sectionJUNE 14, 9 1979. 10 (9) The commission shall disseminate information on this 11 section to potential interested parties including the legal pro- 12 fession, employers, and unions. 13 (10) For benefit years beginning before the conversion date 14 prescribed in section 75, and notwithstanding any other provision 15 of this section, a request for preservation of credit weeks must 16 be made within 3 years after the date the disability OR AUTHO- 17 RIZED LEAVE OF ABSENCE began. For benefit years beginning after 18 the conversion date prescribed in section 75, and notwithstanding 19 any other provision of this section, a request for preservation 20 of benefit entitlement must be made within 3 years after the date 21 the disability OR AUTHORIZED LEAVE OF ABSENCE began. 02807'99 Final page. DMS