Michigan Supreme Court - Earned Sick Time Act
The recent decision by the Michigan Supreme Court will result in the Earned Sick Time Act to take effect in February 2025. The major provisions of the act include:
- Mandate every employer – regardless of the number of individuals employed – offer earned sick time. The employee must earn one hour of sick time for every 30 hours worked. Sick time is capped at 40 hours a year for small employers (10 employees or less) and 72 hours for employers with more than 10 employees. Employers may select a higher limit at their discretion.
- The sick time must accrue with hours worked – the act does not allow frontloading of sick time.
- Unlimited carry over – employers are not required to grant more than 72 hours of sick time per year.
- Existing PTO can be used if it complies with purposes allowed under the act.
- Sick time must be permitted for the following purposes: employee’s and employee’s family members’ mental/physical illness, injury, health condition, medical diagnosis, care or treatment, for closure of the employees primary workplace or by order of a public official, child care.
- There is no required notice if the need to use sick time is not foreseeable.
- Sick time can be used at the smallest time increment used by the employer to measure absence of the employee.
- Employer must pay for expenses incurred by employee to provide medical documentation required by the employer for the use of the paid sick time.
- An employer’s absence control policy shall not treat earned sick time taken under this act as an absence that may lead to or result in retaliatory personnel action.
- The act allows employees to sue employers with the assumption the employer violated the act if they take any unfavorable personnel actions.
- The act applies to ALL employees (part time and full time).
HCAM is working with legislators to make improvements to the statute before its effective date in February. Your feedback to the following questions will be valuable in our efforts.