In less than two weeks, the sick leave requirements in Michigan are changing. The state is reverting to the Earned Sick Time Act (ESTA), which was initially adopted in 2018 but was then subject to amendments and litigation. The ESTA will go into effect on February 21, 2025.
There are some notable differences, including the amount of leave and the accrual rate, that every Michigan employer should ensure their policies comply with. Key provisions of the ESTA are as follows:
- The ESTA requires that each employee accrue at least one hour of sick leave for every 30 hours worked up to 72 hours for employers who have 10 or more employees.
- Frontloading of sick leave is allowed.
- Sick time will carryover from year to year, but an employer (with more than 10 employees) does not have to allow an employee to use more than 72 hours per year.
- Employees may use sick leave as soon as it is earned.
- Sick time may be used in the smaller of hourly increments or the smallest increment the employer’s payroll system uses for absences.
- An employer can require up to seven days of notice for foreseeable leave and can require notice as soon as practicable for unforeseeable leave.
The state issued an updated poster, that is required to be displayed.
Are there further changes to come? Maybe, as the Michigan House of Representatives passed legislation that among other changes would limit the law’s reach, exempting employers with less than 50 employees and state employees.
