The Michigan Paid Medical Leave Act (PMLA) passed by the state legislature in December of 2018 went into effect on March 29, 2019. This act provides mandatory leave time for covered reasons to eligible employees in Michigan employed by an employer with 50 employees or more. Below are some HR items to consider when amending your current time off policies or adopting new policies that may cover Michigan-based employees not previously allowed paid time off:
- All employers, private, non-profit, and governmental entities with at least 50 or more employees need to comply with Michigan's PMLA requirements. This does not include the Federal government or other State governments or a political subdivision of another state.
- An eligible employee is defined as an employee that worked on average 25 or more hours per week in the immediate prior employment year or for a new employee that is expected to work on average 25 or more hours per week and the employment is expected to last at least 25 weeks in the current employment year.
- An employee can accrue 1 hour of PMLA time for each 35 hours worked for an annual cap of 40 hours. If an employee accrues this time throughout the year, they are eligible to rollover up to 40 hours into the next employment year. If the company gives the employee a lump sum of 40 hours at the beginning of their employment year, they are not required to allow the rollover of hours.
- PMLA time can be used to care for covered individuals, the employees themselves and family members such as spouses, children, parents, grandchildren or grandparents. An exhaustive list covered individuals can be found at this link here.
- PMLA time is to be used for the following; ‘mental or physical illness, injury, or health condition; medical diagnosis, care, or treatment of the eligible employee's mental or physical illness, injury, or health condition; or preventative medical care for the eligible employee.’ Click here to read the exhaustive list.
- Employees can be required to show reasonable proof that the time off was used in accord with its purpose and customary requirements for notification of time off as written in the employee handbook can enforced.
- This new law requires that employees be made aware of their rights to accrue and use this time off. As such, a mandatory poster is required to be displayed in a prominent place at each location where employees perform work. If you have subscribed to the Workforce PayHub poster program, then you should have already received the required notice. Make sure you hang it next to your existing poster as soon as possible. Click here to learn more.
Some action items that you will need to take care of immediately;
- Review your current time off policy and make sure that it meets the new requirements.
- Notify your employees of the new policy.
- Make sure you have the proper poster displayed.
- Get the policy in place on March 29, 2019 (it is a Friday).
- If all else fails, contact your trusted partner Workforce PayHub to utilize our HR Consulting services or contact a reputable attorney.
Just a reminder – Workforce PayHub is not a law firm and nothing in this post should be taken as legal advice. Please contact us if you want help to modify your current policies or contact an actual labor law attorney for legal assistance. For more information, the entire act can be viewed on the Michigan Legislature website.