SENATE BILL No. 932

December 11, 2001, Introduced by Senators GARCIA, VAN REGENMORTER, BULLARD, SHUGARS, JOHNSON, MC MANUS, SIKKEMA, GOUGEON, HAMMERSTROM, NORTH, SANBORN, SCHUETTE, GOSCHKA, STEIL and SCHWARZ and referred

to the Committee on Senior Citizens and Veterans Affairs.

A bill to amend 1955 PA 133, entitled

"An act to provide for the granting of military leaves and pro-

viding re-employment protection for officers and enlisted men of

the military or naval forces of the state or of the United

States,"

by amending section 3 (MCL 32.273).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 3. (1) No AN employee who requests a leave from his

2 OR HER employment shall NOT be denied a leave of absence by his

3 OR HER employer for the purpose of being inducted into , OR

4 entering , INTO ACTIVE SERVICE, ACTIVE STATE SERVICE, OR THE

5 SERVICE OF THE UNITED STATES, FOR THE PURPOSE OF determining his

6 OR HER physical fitness to enter THE SERVICE, or FOR performing

7 training duty as an officer or enlisted man MEMBER of the mili-

8 tary or naval forces of the THIS state or of the United

9 States. Upon his FOLLOWING release from such SERVICE,

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1 training duty, or upon his rejection, such THE employee

2 shall, if he OR SHE makes application to his OR HER employer for

3 reinstatement REEMPLOYMENT within 15 days following his

4 SERVICE, release, or rejection, be reinstated in his position

5 without reduction in his seniority, status, or pay. REEMPLOYED

6 IN A POSITION OF EMPLOYMENT IN THE FOLLOWING ORDER OF PRIORITY:

7 (A) IN THE POSITION OF EMPLOYMENT IN WHICH THE PERSON WOULD

8 HAVE BEEN EMPLOYED IF THE CONTINUOUS EMPLOYMENT OF THE PERSON

9 WITH THE EMPLOYER HAD NOT BEEN INTERRUPTED BY SERVICE, THE DUTIES

10 OF WHICH THE PERSON IS QUALIFIED TO PERFORM.

11 (B) IN THE POSITION OF EMPLOYMENT IN WHICH THE PERSON WAS

12 EMPLOYED ON THE DATE OF THE COMMENCEMENT OF SERVICE, ONLY IF THE

13 PERSON IS NOT QUALIFIED TO PERFORM THE DUTIES OF THE POSITION

14 REFERRED TO IN SUBDIVISION (A) AND AFTER REASONABLE EFFORTS BY

15 THE EMPLOYER TO QUALIFY THE PERSON HAVE BEEN MADE.

16 (C) IN ANY OTHER POSITION OF LESSER STATUS OR PAY THAT THE

17 PERSON IS QUALIFIED TO PERFORM, ONLY IF THE PERSON IS NOT QUALI-

18 FIED AND CANNOT BECOME QUALIFIED WITH REASONABLE EFFORTS BY THE

19 EMPLOYER TO BE EMPLOYED AS DESCRIBED IN SUBDIVISION (B).

20 (2) A PERSON WHO IS REEMPLOYED UNDER THIS SECTION IS ENTI-

21 TLED TO THE SENIORITY AND OTHER RIGHTS AND BENEFITS THAT ARE

22 DETERMINED BY SENIORITY THAT THE PERSON HAD ON THE DATE OF THE

23 COMMENCEMENT OF SERVICE PLUS THE ADDITIONAL SENIORITY AND RIGHTS

24 AND BENEFITS THAT THE PERSON WOULD HAVE ATTAINED IF THE PERSON

25 HAD BEEN CONTINUALLY EMPLOYED.

26 (3) IN ADDITION TO THE SENIORITY, RIGHTS, AND BENEFITS UNDER

27 SUBSECTION (2), A PERSON WHO IS REEMPLOYED UNDER THIS SECTION IS

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1 ENTITLED TO RIGHTS AND BENEFITS, NOT DETERMINED BY SENIORITY,

2 THAT ARE GENERALLY PROVIDED BY THE EMPLOYER TO EMPLOYEES WHO HAVE

3 SIMILAR SENIORITY, STATUS, AND PAY WHO ARE ON FURLOUGH OR LEAVE

4 OF ABSENCE UNDER A CONTRACT, AGREEMENT, POLICY, PRACTICE, OR PLAN

5 IN EFFECT AT THE COMMENCEMENT OF SERVICE OR ESTABLISHED WHILE THE

6 PERSON PERFORMS SERVICE.

7 (4) AS USED IN THIS SECTION:

8 (A) "ACTIVE SERVICE" MEANS SERVICE, INCLUDING ACTIVE STATE

9 SERVICE OR SPECIAL DUTY REQUIRED BY LAW, REGULATION, OR PURSUANT

10 TO ORDER OF THE GOVERNOR. ACTIVE SERVICE INCLUDES CONTINUING

11 SERVICE OF AN ACTIVE MEMBER OF THE NATIONAL GUARD AND THE DEFENSE

12 FORCE IN FULFILLING THAT ACTIVE MEMBER'S COMMISSION, APPOINTMENT,

13 OR ENLISTMENT.

14 (B) "ACTIVE STATE SERVICE", AS APPLIED TO THE NATIONAL GUARD

15 AND THE DEFENSE FORCE, MEANS MILITARY SERVICE IN SUPPORT OF CIVIL

16 AUTHORITIES, AT THE REQUEST OF LOCAL AUTHORITIES, INCLUDING, BUT

17 NOT LIMITED TO, SUPPORT IN THE ENFORCEMENT OF LAWS PROHIBITING

18 THE IMPORTATION, SALE, DELIVERY, POSSESSION, OR USE OF A CON-

19 TROLLED SUBSTANCE, IF ORDERED BY THE GOVERNOR OR AS OTHERWISE

20 PROVIDED IN THIS ACT. AS USED IN THIS SUBDIVISION, "CONTROLLED

21 SUBSTANCE" MEANS THAT TERM AS DEFINED IN SECTION 7104 OF THE

22 PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7104.

23 (C) "SERVICE" MEANS ACTIVE SERVICE, ACTIVE STATE SERVICE, OR

24 IN THE SERVICE OF THE UNITED STATES.

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