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Overview of Paid Sick Time Laws in the United States:
Michigan

Updated on October 26, 2018

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Michigan
Who is covered? All individuals in the state of Michigan engaged in service to an employer in the business of the employer.
Can sick time be used to care for loved ones? Yes: children; spouses; parents; parents of a spouse or domestic partner; grandparents; grandchildren; siblings, and any other individuals related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
How is “child” defined? Biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, or a child to whom the employee stands in loco parentis.
Can sick time be used for specific “safe time” purposes (related to domestic violence, sexual assault, or stalking)? Yes, when the worker or the worker’s family member is a victim.
Can sick time be used under the law to bond with a new child and/or deal with a family member’s death? Note: It is possible that other laws, such as the Family and Medical Leave Act or a state equivalent, could provide eligible workers with unpaid leave for these purposes. No
Can sick time be used when a worker’s place of work or child’s school/place of care is closed by public health officials for a public health emergency? Yes
Rate at which workers earn paid sick time? 1 hour for every 30 hours worked
Do workers have different sick time-related rights based on the size of their employer? If so, based on what employer-size threshold(s)? Yes, workers’ rights differ based on whether an employer has 10 or fewer workers working in a given week.
Amount of paid sick time that can be earned under the law per year? (Note: All of these paid sick time laws make it clear that these laws establish a minimum requirement, and employers can provide greater or more generous paid sick time benefits to their workers.) Workers who work for employers with 10 or fewer employees can earn up to 40 hours of paid sick time per year and an additional 32 hours of unpaid sick time per year. Workers who work for employers with more than 10 employees can earn up to 72 hours of paid sick time per year.
When do workers begin to earn paid sick time? Earned sick time begins to accrue as soon as the law goes into effect or on the commencement of employment, whichever is later. Employees hired after April 1, 2019 can be made to wait until the 90th calendar day after commencing employment to use accrued sick time.
Does unused sick time carry forward to the subsequent year? Workers can carry over to the following year unused earned sick time but small employers (10 or fewer employees) are not required to allow employees to use more than 40 hours paid and 32 hours unpaid sick time per year and larger employers are not required to allow employees to use more than 72 hours paid sick time per year.
Private Right of Action to go to Court? Yes
Are there waivers/ exemptions for workers covered by a valid Collective Bargaining Agreement (CBA)? No specific language regarding waivers or exemptions for workers covered by a CBA.
What Agency or Official Enforces the Law? The Michigan Department of Licensing and Regulatory Affairs
For the statewide paid sick time laws: can cities in the state pass paid sick time laws that are broader than the state law? Although the Michigan Earned Sick Time Act doesn’t explicitly address local authority to pass a paid sick time law, the law states that it does not preempt or limit any other law providing more generous protections.
Statutory Citation(s) The “Earned Sick Time Act” was a duly executed ballot initiative and is awaiting codification, so no citation is available yet.
Additional Notes On September 6, 2018, the Michigan Legislature passed a paid sick leave law, giving nearly 2 million workers in the state the right to paid sick time.
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