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Michigan Sick Leave: What you need to know

There is no Michigan law requiring private or public employers to provide employees sick leave, paid or unpaid, although many employers do grant it as an important employee benefit. However, employers may grant sick leave as a fringe benefit, pursuant to a written contract or policy (MI Comp. Laws Sec. 408.471).
"Fringe benefit" means compensation due an employee pursuant to a written contract or written policy for holidays, time off for sickness or injury, time off for personal reasons or vacation, bonuses, authorized expenses incurred during the course of employment, and contributions made on behalf of an employee. In addition, some courts have held that policies published in employee handbooks may constitute implied contracts that are binding and enforceable. Therefore, employers should review policy statements carefully to ensure that they accurately reflect current policies. If they do not, they should be changed, and employees must be notified in advance of the changes.
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Under the federal Family and Medical Leave Act (FMLA), covering employers with 50 or more employees, eligible employees may have the right to substitute sick days for any part of a leave taken because of their own serious health condition or to care for a spouse, child, or parent. The FMLA does not supersede state laws if they give greater leave rights to employees. Employers covered by both laws should carefully review the various provisions of both to make sure that employees receive the full benefits of both laws.
Furthermore, under the Americans with Disabilities Act (ADA), permitting the use of accrued paid or unpaid leave is a form of reasonable accommodation when necessitated by an ...

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Michigan Sick Leave Resources

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