Michigan’s Paid Medical Leave Act takes effect end of March/beginning of April. Here’s what you need to know.
What Employers Are Covered?
Employers with 50 or more employees (but excluding state and federal governments)
What Employees Are Not Covered?
- Salaried exempt employees
- Union employees covered by a collective bargaining agreement ("CBA")
- Employees scheduled to work 25 weeks or less annually
- Employees who worked on average less than 25 hours per week in prior calendar year
- Certain other employees
What Must Employers Do?
- Maintain a paid time off ("PTO") policy that provides covered employees at least 40 hours of PTO annually
- For covered employees, accrue one hour paid leave for each 35 hours per week, up to one hour per week and 40 hours per year
- For covered employees, allow to use up to 40 hours PTO annually and/or carry over up to 40 hours annually
- Leave accrues starting March 1, 2019; or upon start of employment; or (if written policy) 90 days after start of employment
- Award covered employees 40 hours PTO at outset of year
- If PTO is “frontloaded” in this fashion, employers need not allow any carryover to following year
PTO For What?
- Physical or mental health diagnosis, care, or treatment for covered employee or family member (as defined by the Act)
- Care or related activities arising from physical or domestic violence toward covered employee or family member
- PTO may be used in one-hour increments unless employer has different written policy
- Employer may require supporting documentation to support PTO
- Employees may file administrative claim to recover unpaid leave within six months of violation
- $1,000 for failure to provide leave
- $100 for failure to maintain workplace poster
- Employer must retain records for one year
Questions? Call Wright Beamer at (248) 477-6300 or email us at firstname.lastname@example.org and talk to one of our experienced employment law attorneys.