Tuesday, December 7, 2010

Michigan Employee Rights In The Workforce

Michigan's employee rights are defined by the Michigan Occupational Safety and Health Act.


Employees and employers in Michigan have specific rights that are defined by the Michigan Occupational Safety and Health Act (MIOSHA), and regulated by several other state agencies. These rights are in the areas of safety, sexual harassment, discrimination and medical leave. Although not required, the MIOSHA recommends that Michigan employers distribute employee handbooks to help educate employees about basic rights in the workforce.


Safety


The Michigan Occupational Safety and Health Act of 1974 created laws to help protect employees from dangerous working environments, to to ensure the safety and health of employees in Michigan. Laws set forth by the MIOSHA require that employees are safe from hazards that can cause death or serious physical harm. If an employee feels that his employer is violating this law, he can anonymously submit a complaint about the unsafe work environment. In addition, worker's compensation laws compensate employees or the families of employees who are injured or killed in work-related incidents.


Sexual Harassment


The state of Michigan defines sexual harassment as "unwelcome sexual advances, conduct or other physical or verbal acts of a sexual nature that occur in the workplace." The Michigan Department of Civil Rights is the state agency that helps regulate discrimination and harassment in the workplace. They develop educational programs for employers and handle discrimination complaints. If an employee wants to file a complaint, he must file the complaint with the Department of Civil Rights within 180 days of the alleged incident.


Discrimination


Under Michigan law, an employee can't be terminated because of her age, race, sex, religion, national origin, disability or pregnancy. If an employee feels that she is wrongfully terminated as a result of discrimination in the workplace, she can file a complaint with the Michigan Department of Energy, Labor & Economic Growth. Additionally, employees have a right to file discrimination or safety claims without being fired.


Medical Leave


Eligible employees have the right to take up to 12 weeks of unpaid medical leave with continued medical benefits during this period. In addition, an employee who takes a medical leave has the right to be restored back to her original position when she returns. An employee who is eligible for a medical leave of absence has to meet certain conditions. She needs to have worked for the same employer for the last 12 months; needs to have worked a minimum of 1,250 hours in the past 12 months; and needs to work for a "covered" employer, which means that the employer is either a government agency or a private employer with over 50 employees who engages in interstate commerce.







Tags: medical leave, file complaint, Michigan Occupational, Michigan Occupational Safety, Occupational Safety, Occupational Safety Health