MICHIGAN PAID MEDICAL LEAVE ACT
December 18, 2018
Cottingham & Butler has obtained information regarding the Michigan Paid Medical Leave Act, which takes effect on April 1, 2019, and wishes to provide its clients with the following update.
In November 2018, the Michigan legislature introduced legislation significantly modifying the terms and conditions of the Earned Sick Time Act. On Friday, December 14, 2018, Michigan Gov. Rick Snyder signed into law the Paid Medical Leave Act that replaces the Earned Sick Time Act passed in September.
Highlights Under the New Law
While the original law covered all employers, the new law applies to businesses with 50 or more employees. Eligible employee is defined as an individual engaged in service to an employer in the business of the employer and from whom an employer is required to withhold for federal income tax purposes. Eligible employee does not include any of the following:
- An individual exempt from overtime requirements under the Fair Labor Standards Act;
- An individual not employed by a public agency and who is covered by a collective bargaining agreement that is in effect;
- An individual employed or 25 weeks for fewer in a calendar year for a job scheduled for 25 weeks or fewer;
- Certain variable hour employees, and
- An individual who worked, on average, fewer than 25 hours per week during the immediately preceding calendar year.
Covered employers must provide the following to all eligible employees:
- At least one hour of paid medical leave for every 35 hours worked (an employer is not required to allow an eligible employee to accrue more than one hour of paid medical leave in a calendar week);
- At least 40 hours of paid medical leave per benefit year; and
- Allow eligible employees to carry over up to 40 hours of unused accrued paid medical leave from one benefit year to another (or, alternatively, may prohibit carryover if employers provide 40 hours of paid medical leave to an eligible employee at the beginning of the benefit year).
An employer must allow an eligible employee to use accrued paid medical leave for any of the following:
- The eligible employee’s mental or physical health;
- The eligible employee’s family member’s mental or physical health;
- If the eligible employee or the employee’s family member is a victim of domestic violence or sexual assault;
- For closure of the eligible employee’s primary workplace due to a public health emergency or for the need to care for a child whose school or place of care has been closed due to a public health emergency.
What Do I Have to Do?
Employers should ensure that their current leave policy is as good as, or better than, the terms required by the newly enacted Paid Medical Leave Act.
Employers must display a poster at the employer’s place of business, in a conspicuous place that is accessible to eligible employees that contains all of the following information:
- The amount of paid medical leave required to be provided to an eligible employee under this act; and
- The terms under which paid medical leave may be used;
- The eligible employee’s right to file a complaint with the department for any violation of this act.
The Department of Licensing and Regulatory Affairs will be available to employers, at no cost, prior to the Act’s effective date.
Contact Us if You Have Questions
Cottingham & Butler is prepared to assist you through this process. If you have any questions, please contact your Cottingham & Butler representative.