Michigan Military Leave and Reemployment for Every Employer

1955 PA 133 is Michigan's own reemployment statute and it binds every employer in the state, public or private. Where it goes beyond USERRA. The federal statute protects service in the uniformed services under federal authority. Section 32.273(1) covers a leave for being inducted into or entering active service, active state service, or the service of the United States, and for performing service as an officer or enlisted member of the military or naval forces of this state, any other state, or the United States in active state service or under Title 10 or Title 32. "Active state service" is defined in subsection (7)(b) as military service in support of civil authorities at the request of local authorities, ordered by the governor. A Guard member called out by the governor for a flood, a power outage or a civil emergency is inside this act and outside USERRA. So is a Michigan resident serving in another state's National Guard. Reporting back. Within 45 days after release from service, release from duty or rejection, or within 90 days if the service was for more than 180 days. Those are not the federal deadlines, and a member who relies on the USERRA timetable may be late under state law or the other way round; the safe course is the shorter of the two. The order of priority on return. After 1 to 90 days of service, the position the person would have held had employment not been interrupted, if qualified; failing that, the position held on the date service commenced, if not qualified for the first and after reasonable employer efforts to qualify them. After 91 or more days, either of those or the nearest approximation in status and pay that the person is qualified for. Seniority is treated as escalator seniority: the person gets the seniority and seniority-determined rights and benefits they had on the date service commenced plus what they would have attained had they been continuously employed, together with the non-seniority benefits the employer generally gives to employees of similar seniority, status and pay on furlough or leave. The five-year ceiling and its exceptions match the federal scheme, and the disqualifying discharges are a dishonorable or bad conduct discharge, a separation under other than honorable conditions, a dismissal under 10 USC 1161(a), or being dropped from the rolls under 10 USC 1161(b). The remedy is the sentence to remember. An employee denied reemployment after reporting to work or applying may bring an action against the employer in the circuit court for the employee's county of residence and shall be awarded reinstatement and reasonable attorney fees. Both are mandatory, and the venue is the employee's own county rather than the employer's. Two supporting sections. Section 32.271 forbids discrimination against any member of the military or naval forces of the state or the United States because of that membership. Section 32.272 forbids an employer from discharging a person because of performing military duty, hindering attendance at drill or instruction, or dissuading anyone from enlisting by threat of injury to their employment, trade or business. A violation of the act is a misdemeanour under 32.274. Section 32.273a lets a city, village, township or county provide by ordinance, resolution or personnel policy a differential pay program or a number of paid days of military leave for its own employees, subject to the military leave for first responders act. It is an option for the local unit, not an entitlement of the employee, except where that newer act makes it mandatory.