Understanding Michigan’s New Earned Sick Time Act
Michigan’s Paid Medical Leave Act (PMLA) is designed to provide eligible employees with paid time off for various health and family-related reasons. This overview highlights key aspects of the act.
Who is Covered?
The PMLA applies to employers with 10 or more employees. Employers with fewer than 10 employees are exempt. An eligible employee is allowed a minimum of 72 paid medical leave hours each benefit year. However, certain workers are not covered, including:
- Executive, administrative, and professional overtime-exempt employees
- Employees covered by a private collective bargaining agreement
- Employees of the U.S. government, another state, or a political subdivision of another state
- Individuals whose primary work location is not in Michigan
- Certain temporary, seasonal, and young workers
Accrual and Usage
Employers have three options for how employees accrue paid medical leave:
- Employees accrue at least one hour of paid medical leave for every 30 hours worked.
- Employers can provide at least 72 hours of paid leave to an eligible employee each benefit year, provided it can be used for purposes identified in the act.
Employees can use paid medical leave in one-hour blocks unless the employer has a different increment policy. Paid medical leave can be used for:
- An employee’s or their family member’s mental or physical illness, injury, or health condition
- Medical treatment, care, or diagnosis
Preventative care - Domestic violence or sexual assault situations
- Closure of the workplace due to a public health emergency
- The need to care for a child whose school or place of care has been closed due to a public health emergency
Important Considerations
- Employers are not required to reimburse employees for accrued paid medical leave upon termination, resignation, or retirement.
- Employees using paid medical leave must be paid their normal hourly wage or the minimum wage, whichever is greater.
- Employers who violate the act may be subject to fines and penalties. Complaints can be filed online within six months of the violation at www.michigan.gov/wageclaim.
For more detailed information, you can contact the Wage and Hour Division at (517) 284-7800 or visit www.michigan.gov/wagehour.