On September 5, 2018, Michigan enacted the Earned Sick Time Act, requiring employers to provide employees with earned sick time for certain covered reasons. However, this somewhat expansive law was enacted largely in an effort to preempt the matter from being raised as a ballot issue in November 2018. For this reason, Michigan legislators announced that the law would be significantly amended before it took effect and that the scope of employers’ requirements would be revisited and reduced.
On December 13, 2018, the expected amendments came about in the form of the new Paid Medical Leave Act, which is discussed below (2018 SB 1175; MCL 409.961 et seq.).
Covered employers. The Act applies to employers with 50 or more employees.
Covered employees. The Act defines “eligible employees” to include individuals engaged in service to an employer in the business of the employer and from whom the employer is required to withhold for federal income tax purposes. The Act then provides for numerous exceptions for eligibility, including:
• Exempt employees;
• Private employees covered by an effective collective bargaining agreement;
• Certain employees covered by federal railway labor and railroad unemployment insurance laws;
• Employees whose primary work location is not in the state of Michigan;
• Employees who work fewer than 25 weeks in a calendar year for a job scheduled for 25 weeks or fewer;
• Variable-hour employees; and
• Employees who work, on average, fewer than 25 hours per week during the immediately preceding calendar year.
Accrual and carryover of leave. Employers must provide paid medical leave to each of the employer’s eligible employees in the state.
Leave accrues at a rate of at least 1 hour of paid medical leave ...