Labor: leave; paid military leave for certain members of a fire department or law enforcement agency; provide, the official text

Act No. 58

Public Acts of 2026

Approved by the Governor

July 21, 2026

Filed with the Secretary of State

July 23, 2026

EFFECTIVE
DATE: July 23, 2026

state of michigan

103rd Legislature

Regular session of 2026

Introduced by Reps. Robinson, Koleszar, Breen, McFall,
Mentzer, Woolford, BeGole, Mueller, Tate, Andrews, Hoadley, Herzberg, St.
Germaine, Martus and T. Carter

ENROLLED HOUSE BILL No. 5233

AN ACT to require certain
employers to provide paid military leave for certain members of those
employers; and to provide certain conditions for the use of paid military
leave.

The People of the State of
Michigan enact:

Sec. 1. This act may be cited as the “military
leave for first responders act”.

Sec. 3. As used in this act:

(a)
“Employer” means either of the following:

(i) An organized fire
department.

(ii) A law enforcement
agency.

(b)
“Law enforcement agency” includes all of the following:

(i) The department of
state police.

(ii) The county sheriff’s
office.

(iii) The police
department of a local unit of government.

(c)
“Member” means a full-time member of an organized fire department or law
enforcement agency. Member does not include a part-time, volunteer, or paid
on-call member.

(d)
“Military leave” means time off from work for the purpose of doing either of the following as it relates to
service in the reserve components of the United States Armed
Forces:

(i) Performance of duty,
including, but not limited to, a qualified member’s compliance with any order
to report for any reason or to deploy.

(ii) Training.

(e)
“Organized fire department” means that term as defined in section 1 of
the fire prevention code, 1941 PA 207, MCL 29.1.

(f)
“Qualified member” means a full-time member
who is enlisted in the reserve components of the United States
Armed Forces. Qualified member does not include a part-time, volunteer,
or paid on-call member.

(g)
“Reserve components of the United States Armed
Forces” means all of the following:

(i) The Army National Guard of
the United States.

(ii) The Army, Navy, Marine Corps,
Air Force,
and Coast Guard
reserves.

(iii) The Air National Guard of
the United States.

(h)
“Year” means a calendar year or a portion of a
calendar year.

Sec. 5. (1) At the beginning of each year, an employer shall provide each qualified member of the employer with not less than 26
days of paid military leave.

(2) An employer shall provide a
qualified member or member described in section 7(4) using
paid military leave both of the following:

(a)
Wages at a pay rate that is equal to the member’s regular pay rate.

(b)
If the member is a member of a bargaining unit covered by a collective
bargaining agreement to which the employer is a signatory, all contractually
required fringe benefits and accruals normally provided in the course of the
member’s employment.

(3)
An employer shall not do either of the following:

(a)
Allow a qualified member to carry over any unused paid military leave from 1
year to the next year.

(b)
Provide financial or other reimbursement to a qualified member for any unused
paid military leave.

(4)
Any unused paid military leave that an employer provides to a qualified member
lapses at the end of the year in which the paid military leave is provided.

Sec. 7. (1) If a qualified member requests to
use paid military leave, the qualified member must provide to the qualified member’s employer a copy of the
military orders that require the member to be absent from work.

(2) If a qualified member
needs to use military leave for 10 or more consecutive days, but less than 20 consecutive
days, the member shall make a request to the
qualified member’s employer for the military leave
not less than 14 days before the date the military leave
begins.

(3) If a qualified member
needs to use military leave for 20 or more consecutive days, the member shall
make a request to the qualified member’s employer for
the military leave as many days before the
date the military leave begins as is
reasonably possible.

(4) If a member is not a
qualified member, but receives an order for a preinduction physical examination to enlist in the reserve components of the United States
Armed Forces, the member’s employer shall
provide paid military leave to the member so the member can attend the
examination. A member described in this subsection shall provide to the member’s employer a copy of the orders to attend
the preinduction examination.

(5) A qualified member
may, but is not required to, use any annual leave the qualified
member has for an absence due to military service.

(6)
This act does not diminish or otherwise reduce wages or fringe benefits
available to a member using military leave who is covered by a collective
bargaining agreement between the member’s bargaining representative and an
employer. Benefits provided under this act are intended to establish the
minimum required benefit level to be provided a qualified member using military
leave.

Sec. 9. (1) If
an employer or a
bargaining unit that represents a member is
a party to a collective bargaining agreement that meets both of the following
conditions, this act applies to the parties to the agreement beginning on the
expiration date stated in the agreement or the effective date of a new
collective bargaining agreement entered into between the parties, whichever is
earlier:

(a) The agreement is in
effect on the effective date of this act.

(b) The agreement
conflicts with this act.

(2) An employer shall not require a member to waive or
limit a right granted under this act. An agreement to waive a right under this
act is void and unenforceable.

This act is ordered to take
immediate effect.

Clerk of the House of
Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor