Workers in Michigan will soon have new legal protections when it comes to taking time off for their health. Starting February 21, 2025, the Earned Sick Time Act will take effect, ensuring that employees have access to paid sick leave for personal and family medical needs. This law is a major step forward for workers' rights, but it also comes with responsibilities for businesses.

Whether you're an employee wondering how much time you’ll get or an employer trying to stay compliant, understanding this law is crucial. Let’s break it down so you know exactly what to expect.

What Is the Earned Sick Time Act?

The Earned Sick Time Act is designed to guarantee that Michigan workers can take paid time off when they’re sick, need medical care, or must care for a family member. Before this law, paid sick time wasn’t required in Michigan, leaving many workers without the ability to take time off without losing pay.

This law aims to create a healthier workforce while providing job security for employees who need to step away from work for health-related reasons. It also sets clear guidelines for employers to follow to ensure compliance.

Who Is Covered Under the Earned Sick Time Act?

Eligible Employees

Most workers in Michigan will be covered under this law, including full-time, part-time, and temporary employees. If you’re on an employer’s payroll, chances are you qualify for earned sick time.

Who’s Exempt?

Some workers, however, may not be covered, including:

Independent contractors
Federal employees
Seasonal workers (in some cases)

Employers should review their workforce structure to determine who is covered and make necessary adjustments to their policies.

How Earned Sick Time Works

Under the new law, workers accrue sick time based on the number of hours they work. Here’s how it works:

Accrual Rate and Limits

Employees earn one hour of paid sick leave for every 30 hours worked.
The total amount of sick time that can be accrued varies depending on business size.
Some unused sick time may roll over into the next year, but employers may set limits.

Using Sick Time

Employees can use their earned sick time for:

Personal illness, injury, or medical care
Caring for a sick or injured family member
Recovery from domestic violence, sexual assault, or stalking
Public health emergencies affecting their workplace or child’s school

Workers can start using their sick time as soon as it is accrued, but some businesses may require a short waiting period for new hires before they can use their time off.

What This Means for Michigan Employers

If you run a business in Michigan, you’ll need to make sure your policies align with the new law. Here are some key areas to focus on:

Compliance Requirements

Record-Keeping: Employers must track how much sick time employees earn and use.
Policy Updates: Employee handbooks and HR policies should reflect the new law.
Notifying Employees: Businesses must inform employees of their right to earned sick time.

Challenges Businesses May Face

Some small businesses may struggle to adapt to these new requirements, especially if they have never offered paid sick leave before. Here are some common concerns:

Increased costs: Businesses must budget for paid sick time.
Scheduling adjustments: More employees taking time off could lead to staffing challenges.
Legal risks: Non-compliance can result in penalties or lawsuits.

Employers who are unsure about the requirements should consider speaking with a legal professional to ensure they’re following the law correctly.

Employee Rights Under the New Law

For workers, the Earned Sick Time Act provides important protections, including:

Protection Against Retaliation

Employers cannot punish or fire employees for using their earned sick time.
Employees have the right to file a complaint if they believe they’ve been treated unfairly.

Filing a Complaint

If an employer denies an employee's right to sick time, the worker can file a complaint with the Michigan Department of Labor and Economic Opportunity (LEO). Employees may also be entitled to back pay or legal remedies if they face retaliation.

Final Thoughts

The Earned Sick Time Act is a big step toward ensuring Michigan workers have the support they need when dealing with illness or family emergencies. Employees will now have access to paid sick leave, while businesses must ensure they comply with the law to avoid penalties.

With the February 21st deadline approaching, both employees and employers should take time to understand their rights and responsibilities. If you need legal guidance, Harris & Literski is here to help.

What You Need to Know About Michigan’s New Earned Sick Time Act