Insights

Earned Sick Time Act


On Sept. 5, 2018, the Michigan legislature enacted a paid sick leave law that was proposed through an initiative petition. Specifically, the new law requires employers to provide eligible employees with paid sick leave for reasons related to personal or family health needs, domestic violence, sexual assault, or public health needs. If the legislature hadn't enacted the proposed law, it would have appeared on the Nov. 6, 2018, election ballot for approval or rejection by MI's voters.

MI employers with one to nine employees are required to provide employees with one hour of paid sick and safe leave for every 30 hours worked. An employee may use up to 40 hours of paid earned sick time per year, unless the employer sets a higher limit. If an employee of a small business accrues more than 40 hours of earned sick time in a calendar year, the employee is entitled to use an additional 32 hours of unpaid earned sick time in that year, unless the employer allows more. The employee must be able to use paid sick time before unpaid time.

Employees of larger MI employers accrue a minimum of one hour of paid earned sick time for every 30 hours worked and may use up to 72 hours of paid earned sick time per year, unless the employer allows more. Sick time earned by an employee would carry forward from year to year. However, regardless of the carryover, the use limits still apply per single year.

The act includes accrual calculations, notice and documentation requirements, and violations and remedies. The act is effective April 1, 2019.

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