STATUS: Enacted

A 2024 Michigan Supreme Court decision reestablished the original version of this law as adopted in 2018. The law requires employers to allow employees to use up to 72 hours of sick time per year for a variety of reasons.

The Earned Sick Time Act (“ESTA”), as reverted, requires employers to use an accrual rate of 1 hour of sick time for every 30 hours worked. The law applies to all employers and employees. Employers with 10 or more employees must permit employees to use up to 72 hours of paid earned sick time per year. Employers with fewer than 10 employees must allow employees to use up to 40 hours of paid earned sick time per year and up to an additional 32 hours of unpaid earned sick time per year. Employers may not “front load” sick time allowances, or require documentation to support a leave request unless the absence is for more than three days. Employees may use sick time for a variety of reasons, including to care for their own health or that of a family member, in connection with domestic violence or sexual assault, and for certain business and school closures. Employees may carry over unsued sick time, but may not use more than 72 hours of sick time in a year. The law establishes a private cause of action if an employer interferes with the exercise of rights under the law, or retaliates against an employee for exercising their ESTA rights.

Full Bill or Law Text:

MI PA 338