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 scheduled period, the participating employer shall file claims for compensation for the week or weeks within the period on behalf of the participating employees. The claims shall be filed no later than the last day of the week immediately following the period, unless an extension of time is granted by the unemployment agency for good cause. The claims shall be filed in the manner prescribed by the unemployment agency and shall contain all information required by the unemployment agency to determine the eligibility of the participating employees for compensation.
(2) The benefits under a shared-work plan shall be funded as follows:
(a) If federal funding is available to this state for the purpose of full reimbursement for the cost of funding benefits paid by the unemployment agency pursuant to section 2162 of the layoff prevention act of 2012 and an approved shared-work plan under this act, those benefits shall not be charged or expensed to a participating employer. However, the unemployment agency shall not use that federal funding as a reimbursement for compensation paid to a claimant under a shared-work plan if the claimant is employed by the participating employer on a seasonal, temporary, or intermittent basis. In that case, benefits shall be charged to the participating contributing employer's chargeable benefits account or reimbursing payments in lieu of contributions shall be required from the participating reimbursing employer.
(b) If federal funding is available to this state for the purpose of partial reimbursement for the cost of funding benefits paid by the unemployment agency pursuant to an agreement entered into between this state and the United States department of labor pursuant to section 2163 of the layoff prevention act of 2012, any approved shared-work plan shall provide that the employer shall make a reimbursing payment in lieu of contributions to this state equal to 1/2 of the benefits paid under the employer's approved shared-work plan. That payment shall be deposited into this state's unemployment compensation fund. Benefit payments or deposits made under this subdivision shall not be used for purposes of calculating an employer's contribution rate under section 19. The unemployment agency shall not use federal funding under this subsection as a reimbursement for compensation paid to a claimant under a shared-work plan if the claimant is employed by the participating employer on a seasonal, temporary, or intermittent basis. In that case, benefit payments shall be funded by the employer as reimbursing payments in lieu of contribution.
(c) If full or partial federal funding is not available as provided in subdivision (a) or (b), the benefits paid by the unemployment agency pursuant to an approved shared-work plan under this act shall be charged to the participating contributing employer's chargeable benefits account or reimbursing payments in lieu of contributions shall be required from the participating reimbursing employer.
History: Add. 2012, Act 216, Eff. Jan. 1, 2013
Structure Michigan Compiled Laws
Chapter 421 - Employment Security
Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75)
Section 421.1 - Michigan Employment Security Act; Short Title.
Section 421.2 - Declaration of Public Policy; Findings.
Section 421.3 - Bureau of Worker's and Unemployment Compensation; Policies; Definitions.
Section 421.3b - Repealed. 2002, Act 192, Imd. Eff. Apr. 26, 2002.
Section 421.4a - Parking Facility; Approval of State Administrative Board.
Section 421.5a - Advocacy Assistance Services; Program.
Section 421.6c - Emergency Backup Plan for Computer System.
Section 421.6d - Stabilization Fund.
Section 421.6e - Employee Training Program; Operation; Funding; Purpose.
Section 421.6f - Appropriation to Fund Improvements; Expenditure; Work Project.
Section 421.7 - Employment Security Commission; Consolidation of Divisions.
Section 421.9 - Employment Security Commission; Subpoenas, Issuance; Enforcement; Immunity.
Section 421.10 - Administration Fund; Contingent Fund.
Section 421.11a - Privilege; Waiver.
Section 421.12 - Acceptance of Wagner-Peyser Act.
Section 421.12a - Employment Security; Community Work or Training Program; Employee Benefits.
Section 421.13j - Repealed. 1977, Act 277, Eff. Jan. 1, 1978.
Section 421.13l - Indian Tribe or Tribal Unit as Employer; Requirements.
Section 421.15 - Delinquent Contributions.
Section 421.15b - Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.16 - Adjustment or Refund of Contributions or Interest.
Section 421.21b - Seamen on American Vessel on Great Lakes; Benefits; Seamen, Definition.
Section 421.22 - Transfer of Business.
Section 421.23 - Coverage of Employer; Period.
Section 421.26 - Unemployment Compensation Fund.
Section 421.26b - Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.27 - Payment of Benefits; Extension of Benefits Subject to Appropriation.
Section 421.27b - Deducting and Withholding Income Tax From Unemployment Benefits.
Section 421.27c - Noncharging Employer Account; Monetary Redetermination; Conditions.
Section 421.27n - Repealed. 1965, Act 281, Eff. Sept. 5, 1965.
Section 421.28b - Definitions; MCL 421.28c to 421.28m.
Section 421.28e - Shared-Work Plan; Approval or Disapproval by Unemployment Agency.
Section 421.28f - Shared-Work Plan; Effective Period.
Section 421.28g - Compensation.
Section 421.28h - Schedule; Filing Compensation Claims; Benefits; Funding of Benefits.
Section 421.28i - Modification of Shared-Work Plan.
Section 421.28j - Termination of Shared-Work Plan; Good Cause.
Section 421.28m - Effect of Approval or Disapproval by Federal Government.
Section 421.29 - Disqualification From Benefits; Exception During Covid-19 Pandemic.
Section 421.29m, 421.29n - Repealed. 1965, Act 281, Eff. Sept. 5, 1965.
Section 421.30 - Benefits Inalienable.
Section 421.31 - Waiver of Rights; Limitation of Fees.
Section 421.32 - Claims for Benefits; Examination; Determination; Notice.
Section 421.32b - Internet Site; Establishment; Access; Purpose; Protest or Appeal.
Section 421.32d - Unemployment Agency; Hiring New Employees; Limitation.
Section 421.35, 421.36 - Repealed. 2011, Act 269, Imd. Eff. Dec. 19, 2011.
Section 421.39 - Employment Security Act; Definitions.
Section 421.40 - “Employing Unit” Defined.
Section 421.41 - “Employer” Defined.
Section 421.41a - Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.42 - “Employment” Defined.
Section 421.42a - Coverage of Services; Determination; Penalties and Interests.
Section 421.43 - Services Excluded From Term "employment."
Section 421.44 - “Remuneration” and “Wages” Defined.
Section 421.45 - Base Periods; Definition.
Section 421.46 - “Benefit Year” Defined; Conditions; Rights of Claimant.
Section 421.47 - Calendar Quarter; Definition.
Section 421.48a - Transmission or Receipt by Mail.
Section 421.50 - “Week" Defined.
Section 421.50a - “Governmental Entity” Defined.
Section 421.51 - “Benefits” and “Average Weekly Wage” Defined.
Section 421.51a - Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.52 - State; Definition.
Section 421.54 - Sanctions; Penalties.
Section 421.54g - Report Regarding Claims Submitted by Impostors; Contents; Definitions.
Section 421.54h - Appointment of Individual to Perform Certain Activities; "Impostor" Defined.
Section 421.55 - Catchline Headings of Section Not Part of Act.
Section 421.56 - American Vessel, American Aircraft; Definitions.
Section 421.57 - Amendment or Repeal of Act.
Section 421.58 - Suspension of Provisions.
Section 421.60 - Advance From Federal Fund; Repayment.
Section 421.60a - Protection of Deaf.
Section 421.61 - Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.62 - Recovery of Improperly Paid Benefits.
Section 421.63 - Repealed. 1971, Act 231, Imd. Eff. Jan. 3, 1972.
Section 421.64 - Payment of Extended Benefits.
Section 421.65 - Effective Dates of Act 231 of 1971; Recomputation of Benefits.
Section 421.66 - Effective Dates of Act 104 of 1974; Recomputation of Benefits.
Section 421.67a - Repealed. 1996, Act 535, Imd. Eff. Jan. 13, 1997.
Section 421.68, 421.69 - Repealed. 1982, Act 535, Eff. Jan. 2, 1983.
Section 421.71 - Effective Dates of Act 535 of 1982.
Section 421.72 - Effective Date of Act 164 of 1983.
Section 421.73 - Rounding Benefits to Next Lower Full Dollar.
Section 421.75 - Conversion Date to Wage Record System; Effective Date; Report.