On February 21, 2025, the new Michigan Earned Sick Time Act goes into effect across the state. It is important to understand how this new law will impact employers and employees alike. This law applies to all employers in Michigan that have 1 or more employees, except for those employed by the United States Government. The law is applicable to salaried (exempt and non-exempt) and both full and part time hourly workers.
The law provides that employees accrue sick time at the rate of 1 hour for every 30 hours worked. The law has provisions based on the number of employees a business has. An employer is considered to have 10 employees if it employs 10 or more employees in 20 or more workweeks in the current, or previous, calendar year. Businesses that have 10 or more employees must allow at least 72 hours of paid sick time per year to be used to the extent that such leave is accrued. Those businesses that have less than 10 employees must allow at least 40 hours of paid sick time annually, plus an additional 32 hours of unpaid sick time to the extent leave is accrued.
Furthermore, the law allows unused sick time to be carried over, but employers can limit the annual use of unused sick time to 72 hours or less. The law allows employees to pursue action if the employer interferes with their use of their earned sick time under the provisions of the new law.
Accrual will begin on February 21, 2025, or the date of the employee commencing work, whichever is later. Employees can use their earned sick time for mental or physical illness, injury, health condition; medical diagnosis, care, or treatment of their mental or physical illness, injury, or health condition, or preventative medical care. This also applies to the same circumstances should they arise for a family member of an employee. There are numerous additional instances when earned sick time can be used, please see the full list at https://www.michigan.gov/leo/-/media/Project/Websites/leo/Documents/WAGE-HOUR/LEO-Sick-Time-Act-FINAL.pdf?rev=82279b48f66b41348e8d06c5c87d4f32&hash=AAB03E554EFEC56662899B73551E4450.
When use of earned sick time is foreseeable the employer may require advance notice no more than seven says prior to the date the earned sick time is to be used. If the need to use earned sick time is not foreseeable, employers may require employees to give notice as soon as is reasonable. If the use of earned sick time exceeds three consecutive days, an employer may require reasonable documentation. This can include a description of the illness / details of the violence, but if the employer requires documentation, the employer is responsible for payment of all out-of-pocket expenses the employee incurs in obtaining the necessary documentation. Employers may not delay leave time based on a failure to receive documentation from an employee.
If you have questions about the Earned Sick Time Act, an attorney at Demorest Law Firm may be able to assist you.
