Michigan Reemployment Rights for a Public Employee Who Served

Michigan has two military reemployment statutes. The general one, 32.271 to 32.274, binds every employer in the state. This one, 1951 PA 263, binds public employers only and gives more. Who is covered. A public employee is any person holding a position in public employment, classified or unclassified, with the state or any county, municipality or other civil or political subdivision, including any department, agency or instrumentality. A temporary or casual job, an elective office, and an office appointed for a fixed term are excluded. Getting the job back. An employee who leaves a position to perform military duty and is relieved or discharged under honorable conditions, and applies for reemployment within 90 days after being relieved from duty or from hospitalisation continuing after discharge for up to one year, must be restored to that position if it exists and is not held by a person with greater seniority, otherwise to a position of like seniority, status and pay. If a disability sustained in service means the employee cannot perform the old duties, they must be placed in another position whose duties they can perform at like seniority, status and pay or the nearest approximation. If the department is gone. Where the employing department no longer exists and its functions were not transferred, or restoration is otherwise not feasible, the employer must look across its other departments and agencies for a position the person is qualified for that is vacant or held by someone with a temporary appointment or less seniority, and appoint them to it. The year of protection. Section 35.353 provides that a person restored under the act shall not be discharged without cause within one year after restoration, unless all employees in the same classification with less seniority are first laid off. That is a distinct protection from the removal rules in 35.402 and it runs to anyone restored under this act, veteran status aside. What happens to the pension. The restored employee is entitled to participate in insurance, including pension plans and medical insurance, and other length-of-service benefits as if continuously employed. They may continue during military service the payments participation would have required, and may make up missed contributions on reinstatement. And the employer shall make on the employee's behalf any payments the employer would have made had the employee remained at work. Not more than six years of credit toward retirement is required. Seniority on promotion. The restored employee gets a seniority date in an advanced position that places them ahead of everyone previously junior to them who advanced during their absence. Enforcement is the striking part. A public employee may bring the matter in the circuit court, which shall order a speedy hearing and advance the case on the calendar. On application to the attorney general by a person claiming the benefits, the attorney general, if reasonably satisfied the person is entitled to them, shall appear and act as attorney for that person. No fees or court costs may be taxed against a person who applies for the benefits, and only the employer is a necessary party respondent. A veteran with a reemployment dispute against a Michigan public employer has a route to state counsel at no cost that has no counterpart in the general statute. Section 35.354 adds that a public employee shall be granted a leave of absence to be inducted or otherwise enter military duty, and if not accepted shall be reinstated without loss of seniority or status or reduction in pay.