Michigan "Paid Medical Leave Act" Requirements

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Effective March 2019, Michigan employers that employ 50 or more individuals must begin to accrue paid medical leave at a rate of at least one hour of paid medical leave for every 35 hours worked. An employer is not required to allow an eligible employee to accrue more than 1 hour of paid medical leave in a calendar week.

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An employer may choose to limit an eligible employee’s accrual of paid medical leave to not less than 40 hours per benefit year. As an alternative, an employer may provide at least 40 hours of paid medical leave to an eligible employee at the beginning of a benefit year.

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There is a rebuttable presumption that an employer is in compliance with this act if the employer provides at least 40 hours of paid leave to an eligible employee each benefit year. Paid leave includes, but is not limited to, paid vacation days, paid personal days and paid time off.

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The following employees are not included in the definition of an eligible employee:

• Certain part-time employees (defined as an individual that on average works less than 25 hours/week)

• Certain seasonal employees (defined as an individual employed 25 weeks or fewer in a calendar year for a job scheduled for 25 weeks or fewer)

• Employees exempt from overtime requirements under fair labor standards act

• Individuals whose primary work location is not in this state

• Private sector employees covered by a collective bargaining agreement

• Temporary workers

• Independent contractors

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If you have any questions or need further assistance with determining how this new law will impact your business, please contact our office.