Earned Sick Time Act: Understanding Michigan’s New Sick Time Law

Michigan’s Earned Sick Time Act will take effect on February 21st, bringing with it new requirements for employers. If you’re a little confused about what this means for your business, you are not alone. Let’s break down what you need to know to stay compliant.

What Is the Earned Sick Time Act?

The Earned Sick Time Act is a new law that requires all employers in the state (except the federal government) to provide sick time accrual and usage for all employees. The basic provisions include:

  • Employees accrue sick time at 1 hour per 30 hours worked.
  • Companies with 10 or more employees must allow each worker to take at least 72 hours of accrued paid sick time per year.
  • Companies with less than 10 employees must allow each worker to take at least 40 hours of accrued paid sick time, plus another 32 hours of unpaid sick time per year.
  • Sick time may be used for employees to care for themselves or their family members, including school meetings regarding a child’s disability plan and services for survivors of domestic abuse or sexual assault. It can also be used when the workplace or a child’s school or daycare center is closed due to a public health emergency.
  • Employees may carry over unused sick time from year to year, though employers have the right to limit annual usage to 72 hours.
  • Employers can require a 90 day waiting period before employees can start using their accrued time off.

What Does It Mean for Me?

Employers have certain rights and responsibilities under the new law. It’s important to know exactly how these apply to your company in order to stay compliant.

  • Your business is considered to have 10 or more employees for the year if you employed at least 10 people during any 20 workweeks in the current or previous calendar year. This applies even if the weeks were not consecutive.
  • You are allowed to require documentation for sick absences of 3 or more days, but you are responsible for all out-of-pocket costs that the employee incurs to get that documentation.
  • You can require up to 7 days of advanced notice for foreseeable sick leave. If the leave is not foreseeable, you can require employees to give notice as soon as is reasonably practicable.
  • Under the new law, sick leave starts accruing on February 21, 2025.
  • The sick leave law applies to all employees, whether exempt, non-exempt, part-time, or full-time.
  • Employees have the right to take action, including legal action, against employers who do not follow the new law.

Implementing new policies can be a bit challenging, especially when you need to comply with a new law. If you need any assistance, Cardinal Staffing is here to help! We’ll be glad to answer your questions and help to ensure a smooth policy rollout.

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