CareShare arrangement.

Sec. 6c. (1) The CareShare arrangement is established as a voluntary employer–employee cost-sharing arrangement for qualified child care expenses in which the employer contributes not less than 1/3 of the qualified child care expense for the enrolled child, and the employee pays the balance. The department administers the CareShare arrangement but state subsidy is not provided under the CareShare arrangement. (2) An employer that has applied to participate in the program but has been placed on a wait list because of funding limitations may elect to participate in the CareShare arrangement if the employer remains on the wait list for the program. The employer is subject to the same administrative requirements as an employer that participates in the program, but state subsidy must not be provided under the CareShare arrangement. (3) Before a CareShare arrangement is finalized, the department shall establish a process for determining whether an employee is eligible for existing state child care subsidies. Employers shall notify employees of this requirement and collect confirmation from the employee or directly from the department before commencing the CareShare arrangement cost-sharing. (4) This state shall not provide subsidy under a CareShare arrangement. (5) The department shall promulgate rules to ensure a CareShare arrangement is structured, documented, and reported in a manner that is consistent with the program. Employer participation in the CareShare arrangement must be offered on a uniform basis to all eligible employees. An employer shall not condition participation on union membership status, collective bargaining status, seniority, hours worked, or other nonuniform employment criteria, except as otherwise required by federal or state law. (6) A child care arrangement may not receive a CareShare arrangement contribution and a state subsidy. (7) An employer shall not discharge, discipline, refuse to hire, or otherwise retaliate against an employee for requesting to participate or participating in a CareShare arrangement. An employee who alleges a violation of this subsection may file a complaint with the department of lifelong education, advancement, and potential within 180 days after a discharge, discipline, refusal to hire, or retaliation in violation of this subsection. After notice and opportunity to respond, the department of lifelong education, advancement, and potential may order make-whole relief including reinstatement and lost wages and may assess a civil fine of not more than $1,000.00 per violation. A party aggrieved by a final order of the department may seek judicial review as provided under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (8) The department shall submit an annual public report to the governor and the chairs of the standing committees of the senate and house of representatives with jurisdiction over child care and appropriations. The report must include all of the following information: (a) The number of employers, employees, and children participating in the CareShare arrangement. (b) The average employer and employee contributions. (c) Provider participation. (d) The department's administrative costs. (9) This section must not be construed to expand state subsidy obligations beyond those provided under the Tri-Share child care program.