e-Alert: Michigan Amends Paid Sick Leave Law

Background

Michigan has amended its paid sick leave law — which takes effect in March 2019. The newly amended law will require Michigan employers with 50 or more employees within the state to provide paid sick leave to full-time employees. Employers with 1 – 49 employees are exempt from, or do not have to provide paid sick leave.

Who is covered?

• Michigan employers with 50 or more employees
• Employees who work 35 or more hours per week except:
  • Administrative, executive, professional, computer, or outside sales employees exempt from overtime pay
  • Seasonal employees
  • Employees under 18 years old
  • Variable-hour employees
  • Employees whose primary work location is not Michigan

Main provisions

• All employees must be compensated for paid sick leave at their usual rate of pay. This excludes overtime pay, holiday pay, bonuses, commissions, and tips.
• An employee may use up to 40 hours per year in paid sick leave.
• As of March 2019, employees may use paid sick leave as it is accrued, but newly hired employees may be required to wait 90 days.
• Life events that will qualify employees for paid sick leave:
  • If the employee or his/her family member is a victim of sexual assault or domestic violence
  • An employee’s or family member’s mental or physical illness or injury
• All employers must display a state-created poster in a conspicuous place accessible to employees.
• Employees requesting leave must follow the employer’s usual and customary notice requirements.
• Employers must allow employees at least three days to provide documentation of their need for leave.
• Employers must retain records documenting the hours worked and paid sick leave taken by employees for a minimum of one year.

This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this content, please contact HR Knowledge at 508.339.1300 or email us.