Michigan Laws 421.29a – Disqualification from benefits; exception for domestic violence; documentation; definitions
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 421.29a
- employment: includes service performed in the employ of an Indian tribe or tribal unit, if the service is excluded from employment as that term is defined in the federal unemployment tax act, chapter 23 of subtitle C of the internal revenue code of 1986, 26 U. See Michigan Laws 421.13l
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
(1) Notwithstanding any other provision of this act, subject to subsection (5), 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 due to domestic violence, including 1 or more of the following:
(a) The individual’s reasonable fear of future domestic violence at or en route to or from the individual’s place of employment.
(b) The individual’s need to relocate to another geographic area to avoid future domestic violence.
(c) The individual’s need to address the physical, psychological, or legal effects of domestic violence.
(d) The individual’s need to leave employment as a condition of receiving services or shelter from an agency that provides support services or shelter to victims of domestic violence.
(e) The individual’s reasonable belief that termination of employment is necessary for the future safety of the individual or the individual’s family because of domestic violence.
(2) An individual may demonstrate to the unemployment agency the existence of domestic violence by providing 1 or more documents, including, but not limited to, the following:
(a) A restraining order or other documentation of equitable relief issued by a court of competent jurisdiction in a domestic violence case.
(b) A police record documenting domestic violence.
(c) Documentation that the perpetrator of the domestic violence against the individual making a claim for benefits under this act has been convicted of a crime involving domestic violence.
(d) Medical documentation of domestic violence.
(e) A statement provided on business or organization letterhead by a counselor, social worker, health worker, member of the clergy, shelter worker, attorney, or other professional who has assisted the individual in addressing the effects of the domestic violence on the individual or the individual’s family.
(3) The unemployment agency shall not disclose evidence of domestic violence experienced by an individual, including the individual’s statement or corroborating evidence.
(4) As used in this section:
(a) “Domestic violence” means any of the following that are not acts of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(b) “Family or household member” includes any of the following:
(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a dating relationship.
(iv) An individual with whom the person is or has engaged in a sexual relationship.
(v) An individual to whom the person is related or was formerly related by marriage.
(vi) An individual with whom the person has a child in common.
(vii) The minor child of an individual described in subparagraphs (i) to (vi).
(5) This section does not apply after March 31, 2021.