The Michigan Paid Medical Leave Act or PMLA was passed by the MI state legislature in December of 2018 went into effect on March 29, 2019. This blog covers some HR and compliance items to consider when amending or adopting new time off policies for your Michigan-based employees.
Michigan Paid Medical Leave Act Overview
Michigan's PMLA provides mandatory sick time, or leave, for covered reasons to eligible employees in Michigan employed by an employer with 50 employees or more.
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.
Employee Eligibility for Paid Sick Time in Michigan
An eligible employee for Michigan's paid sick time 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.
Michigan Sick Time Off Accrual Rules
An employee can accrue 1 hour of paid sick time for each 35 hours worked for an annual cap of 40 hours. If an employee accrues this sick 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 of paid sick time at the beginning of their employment year, they are not required to allow the rollover of hours.
What Can Michigan Paid Sick Time Be Used For
Michigan paid medical leave, or sick time, can be used for the following reasons:
- 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
- Preventative medical care for the eligible employee
A more extensive list of reasons employees can use Michigan's required sick time for can be found here.
Individuals Covered by the Employee Sick Leave in Michigan
Paid medical leave can be used to care for covered individuals, which, of course, includes the employees themselves. It also extends to their family members, such as spouses, children, parents, grandchildren or grandparents.
An extensive list of individuals covered by Michigan paid sick leave can be found at this link here.
What Employers May Require After Sick Leave is Taken in Michigan
Employees can be required to show reasonable proof that the time off was used in accordance with Michigan's sick leave law purpose. Customary requirements for notification of time off by the employee to the employer as written in the employee handbook can also be enforced.
Michigan Paid Sick Time Notice Requirement
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 Michigan Labor Law Poster as soon as possible. Click here to learn more.
Complying with Michigan's Required Sick Leave Legislation
Here are some action items that you will should've already taken care of when the legislation was enacted to ensure compliance.
- Review your current time off policy and make sure that it meets the new PMLA requirements.
- Notify your employees of the new PMLA policy.
- Make sure you have up-to-date Labor Law and Sick Time posters displayed.
- Get the sick time policy in place.
- If all else fails, contact your trusted partner Workforce PayHub to utilize our Michigan 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.