Seeking implementation changes on paid leave

The Michigan legislature has an opportunity to make several reasonable implementation changes to paid leave requirements that will impact all Michigan employers and employees before it takes effect on Feb. 21, 2025. 

A July 31 opinion issued by the Michigan Supreme Court declared the amended 2018 laws on minimum wage and paid sick leave unconstitutional. Without any additional legislative changes to the law, the Earned Sick Leave Act will cover all employers with one or more employees. It includes all employees: full time, part time, seasonal workers, exempt employees, and temporary workers. Beginning on Feb. 21, 2025, employers must allow employees to accrue 1 hour of paid sick leave for every 30 hours worked. 

• Employers with 1-9 employees must allow employees to use up to 40 hours of paid leave, 32 hours of unpaid leave in a year.
• Employers with 10 or more employees must allow employees to use up to 72 hours of paid leave in a year.
• Paid leave hours would carry over each year with no cap on accrual and leave time can be used in the smallest time increment that the employer’s payroll system uses to account for absences.
• Employees can use the time for personal or family health reasons (including assault or domestic violence) and meetings at a child’s school.
• Employers cannot require an employee to search for or secure a replacement worker to use sick time.
• Employers may only request documentation for sick time after more than three consecutive days, but the employer is responsible for paying all out-of-pocket expenses the employee incurred in obtaining the documentation.
• Employers must keep detailed records documenting hours worked and sick time used by employees for three years.

Join Michigan Retailers Association in advocating for five key changes that honor the intent of the original proposal, while making it feasible for both employers and employees.