On September 5, 2018, Michigan enacted the Earned Sick Time Act. This law will require employers to provide employees with earned sick time for certain covered reasons.
(While the law is scheduled to take effect in March 2019, employers should note that the law may have been passed largely in an effort to preempt the matter from being raised as a ballot issue in November 2018. For this reason, the law is likely to undergo additional, perhaps significant, amendments before its effective date.
Meanwhile, employers should be aware of the law’s provisions but should also be prepared to accommodate amendments and revisions.)
Covered employers. The act applies to all employers.
Covered employees. The act also applies to all employees.
Accrual of leave. Employees are entitled to at least 1 hour of paid sick leave for every 30 hours worked.
All employees, full-time or part-time, are entitled to use up to 72 hours of leave in a year:
• Employers with fewer than 10 employees: Up to 40 hours of the accrued time must be paid, and the remaining 32 hours may be unpaid.
• Employers with 10 or more employees: All 72 hours must be paid.
Employers may select more generous limits.
Leave will begin to accrue on the later of the effective date of the law or upon hire. Employees hired after April 1, 2019, may be required to wait 90 days until using accrued leave.
Carryover of leave. Unused, accrued leave carries over to the following year; however, the employer is not required to allow use of leave in excess of the 72-hour maximum.
Existing leave policies. The law provides for minimum requirements and will not supersede any other law or policy that provides for more generous leave rights. Thus, employers may adopt their own leave ...