Michigan Employers: New Paid Sick Leave Law

Michigan has recently joined other states in passing legislature that would require employers to provide paid sick leave to all employees beginning in March 2019.

The paid sick leave law and the new minimum wage law (read more about that here!) were passed with the intention of amending them after the general election in November 2018.  Both were to appear on the ballot this November but now will not as they have already been signed into law. By passing them as laws prior to the hammer-485712_1920election, Congress is now only required a majority vote to amend the laws rather than a vote of three fourths if the initiatives had been passed on the ballots in November.

As the law stands in September 2018 (subject to any future amendments), all employers in Michigan would be required to provide paid sick leave to all employees (full time, part time, temporary, etc). Employees must accrue 1 hour of paid sick leave for every 30 hours of work performed.

Employers must allow carry over of accrued sick leave from one year to the next. However, you can cap the use of paid sick leave to 72 hours per year.

There is no requirement to pay out any accrued but unused paid sick leave at the time of termination, resignation, or retirement.

Employers can only request documentation to prove that the absence was for paid sick leave if the employee misses three or more consecutive days. If documentation is requested, it can only state that the employee should be paid for sick leave. Employers cannot require additional information about the diagnosis from the physician.

If this new paid sick leave law is not amended, employers will need to review their existing paid sick leave and/or paid time off policies and make any necessary changes to ensure that you are in compliance.

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