Title 421, EMPLOYMENT SECURITY

Sec. 28h. (1) The unemployment agency shall establish a schedule of consecutive 2-week periods within the effective period of the shared-work plan. The unemployment agency may, as necessary, include 1-week periods in the schedule and revise the schedule. At the end of each schedu…

Sec. 28i. An employer may apply to the unemployment agency for approval to modify a shared-work plan to meet changed conditions. The unemployment agency shall reevaluate the plan and may approve the modified plan if it meets the requirements for approval under section 28e. If the…

Sec. 28j. (1) The unemployment agency may terminate a shared-work plan for good cause. (2) For purposes of subsection (1), good cause includes any of the following: (a) The plan is not being executed according to its approved terms and conditions. (b) The participating employer f…

Sec. 28k. The decision to approve or disapprove a shared-work plan, to approve or disapprove a modification of a shared-work plan, or to terminate a shared-work plan is at the unemployment agency's discretion. Those decisions are not subject to the appeal provisions of this act.

Sec. 28l. In addition to other reports required by law, the unemployment agency shall submit to the governor, the secretary of the senate, and the clerk of the house of representatives for referral to the chair and minority vice-chair of the appropriate committees an annual repor…

Sec. 28m. (1) Notwithstanding any other provision of this act, if any provision of sections 28b to 28l would otherwise cause the United States department of labor to withhold the approval required to implement a shared-work program under section 3304(a)(4)(e) of the federal unemp…

Sec. 29. (1) Except as provided in subsection (5), an individual is disqualified from receiving benefits if the individual: (a) Left work voluntarily without good cause attributable to the employer or employing unit. An individual who left work is presumed to have left work volun…

Sec. 29a. (1) Notwithstanding any other provision of this act, an otherwise eligible individual, as described in section 29(1)(a)(iv), is not disqualified from receiving benefits if the individual demonstrates to the commission that the reason for the individual's leaving work is…

Sec. 3. (1) The unemployment insurance agency shall establish policies in conformity with this act to do all of the following: (a) Reduce and prevent unemployment. (b) Promote the reemployment of unemployed workers throughout this state in every other way that may be feasible. (c…

Sec. 30. Benefits inalienable. All rights to benefits shall be absolutely inalienable by any assignment, sale, garnishment, execution or otherwise, and, in case of bankruptcy, the benefits shall not pass to or through any trustees or other persons acting on behalf of creditors: P…

Sec. 31. No agreement by an individual to wave, release, or commute his rights to benefits or any other rights under this act from an employer shall be valid. No agreements by an individual in the employ of any person or concern to pay all or any portion of the contributions of a…

Sec. 32. (a) Claims for benefits shall be made pursuant to regulations prescribed by the unemployment agency. The unemployment agency shall designate representatives who shall promptly examine claims and make a determination on the facts. The unemployment agency may establish rul…

Sec. 32a. (1) Upon application by an interested party for review of a determination, upon request for transfer to an administrative law judge for a hearing filed with the unemployment agency not more than 30 days after the mailing or personal service of a notice of determination,…

Sec. 32b. (1) The unemployment agency shall establish and provide access to a secure internet site to enable employers to determine if correspondence sent to the unemployment agency by the employer has been received. (2) Within 10 days of receiving a protest or appeal from an emp…

Sec. 32c. (1) Notwithstanding any other provision of this act, for a claim filed after March 15, 2020, but before the effective date of the amendatory act that added this section, the unemployment agency shall not reconsider the claim based solely on whether an applicable executi…

Sec. 32d. Notwithstanding any other provision of this act, before hiring a new employee, the unemployment agency shall coordinate with the department of labor and economic opportunity and the Michigan works agencies to determine whether an existing employee of either of those ent…

Sec. 33. (1) An appeal from a redetermination issued by the unemployment insurance agency in accordance with section 32a or a matter transferred for hearing and decision in accordance with section 32a must be referred to the Michigan administrative hearing system for assignment t…

Sec. 34. (1) The Michigan compensation appellate commission created in Executive Reorganization Order No. 2011-6, MCL 445.2032, has full authority to handle, process, and decide appeals filed under section 33(2). (2) An appeal to the Michigan compensation appellate commission fro…

Sec. 37. (1) Witnesses subpoenaed pursuant to this act shall be allowed fees at the rate fixed by law. The fees and expenses of proceedings involving disputed determinations, decisions, or notices of assessments before an administrative law judge or the Michigan compensation appe…

Sec. 38. (1) The circuit court in the county in which the claimant resides or the circuit court in the county in which the claimant's place of employment is or was located, or, if a claimant is not a party to the case, the circuit court in the county in which the employer's princ…

Sec. 39. Definitions. As used in this act, unless the context clearly requires otherwise, the terms defined in this act shall be construed to have the meaning as prescribed and set forth in the several definitions.

Sec. 4. (1) The unemployment insurance agency shall promulgate rules to implement this act under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (2) The unemployment insurance agency shall make available to the public on request statements of all inf…

Sec. 40. "Employing unit" means any individual or type of organization, including, but not limited to, a governmental entity as defined in section 50a, a partnership, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign, o…

Sec. 41. "Employer" means any of the following: (1) An employing unit that in each of 20 different calendar weeks within a calendar year, whether or not the weeks were consecutive, has or had in employment 1 or more individuals irrespective of whether the same individual was empl…

Sec. 42. (1) "Employment" means service, including service in interstate commerce, performed for remuneration or under any contract of hire, written or oral, express or implied. (2) "Employment" includes an individual's entire service, performed within or both within and without …

Sec. 42a. If a business entity requests the unemployment agency to determine whether 1 or more individuals performing services for the entity in this state are in covered employment, the unemployment agency shall issue a determination of coverage of services performed by those in…

Sec. 43. Except as otherwise provided in section 42(6), the term "employment" does not include any of the following: (a) Services performed by an individual who is an alien admitted to the United States to perform services described in either of the following: (i) Sections 214(c)…

Sec. 44. (1) "Remuneration" means all compensation paid for personal services, including commissions and bonuses, and except for agricultural and domestic services, the cash value of all compensation payable in a medium other than cash. Any remuneration payable to an individual t…

Sec. 44a. (1) As used in this section, "previously uncovered services" means services which meet all of the following criteria: (a) Which were not performed in employment, as defined in section 42, and were not services covered pursuant to section 25 at any time during the 1-year…

Sec. 45. For benefit years beginning before the conversion date prescribed in section 75, "base period" means the period of 52 consecutive calendar weeks ending with the day immediately preceding the first day of an individual's benefit year. For benefit years beginning after the…

Sec. 46. (a) Subject to subsections (d) through (f), for benefit years beginning before October 1, 2000, "benefit year" means the period of 52 consecutive calendar weeks beginning the first calendar week in which an individual files a claim in accordance with section 32 and meets…

Sec. 46a. (1) If an individual is not able to establish a benefit year under section 46 because of insufficient credit weeks, a benefit year may be established under this section if the individual has at least 14 credit weeks in his or her base period, and has base period wages i…

Sec. 47. "Calendar quarter" means a period of 3 consecutive calendar months, ending with the last day of March, June, September or December.

Sec. 48. (1) An individual shall be considered unemployed for any week during which he or she performs no services and for which remuneration is not payable to the individual, or for any week of less than full-time work if the remuneration payable to the individual is less than 1…

Sec. 48a. A reference in this act to transmission or receipt by mail shall include any form of electronic transmission or receipt approved by the agency.

Sec. 49. (1) When the last day of the 30-day protest or appeal period, as provided for in this act, falls on a Saturday, Sunday, or legal holiday, the 30-day period shall run until the end of the next day which is not a Saturday, Sunday, nor legal holiday. (2) The 30-day protest …

Sec. 5. The director must receive an annual salary and is entitled to the actual and necessary expenses incurred in the discharge of the director's official duties, to be paid from the administration fund. The director shall devote the director's entire time to the duties of the …

Sec. 50. "Week" means calendar week, ending at midnight Saturday, but all work performed and wages earned during a working shift which starts before midnight Saturday shall be included in the week in which that shift begins.

Sec. 50a. (1) As used in this act, "governmental entity" means this state or any of its instrumentalities, a county, city, township, village, school district, community college district, community hospital district, any agency authorized to exercise a governmental function in a l…

Sec. 51. "Benefits" means the money payments payable to an eligible and qualified individual, as provided in this act, with respect to unemployment. For benefit years established before the conversion date prescribed in section 75, an individual's "average weekly wage", with resp…

Sec. 52. "State" includes, in addition to the states of the United States of America, the District of Columbia, Puerto Rico and the Virgin Islands of the United States.

Sec. 53. (1) "Hospital" means an institution which has been licensed, certified or approved by the department of public health, bureau of medical care administration, as a hospital. (2) "Institution of higher education", for the purposes of this act means a public or nonprofit ed…

Sec. 54. (a) A person, including a claimant for unemployment benefits, an employing entity, or an owner, director, or officer of an employing entity, who willfully violates or intentionally fails to comply with any of the provisions of this act, or a regulation of the unemploymen…

Sec. 54a. (1) Any employing unit or an officer or agent of an employing unit, an employee of the commission, or a third party shall not require an individual, as a condition of employment, to make a false statement or representation knowing it to be false to obtain or increase a …

Sec. 54b. (1) An employing unit or an officer or agent of an employing unit, a claimant for unemployment benefits, an employee of the commission, or a third party that has conspired with 1 or more persons to commit an offense prohibited by this act or to commit an act permitted b…

Sec. 54c. (1) An employing unit or an officer or agent of an employing unit, a claimant for unemployment benefits, an employee of the commission, or a third party that has knowingly or willfully appropriated or converted to his, her, or its own use money to be used for the paymen…