Michigan Workers to Gain Paid Sick Leave Under Restored 2018 Law

New Sick Leave Requirements

Businesses with ten or more employees will be mandated to offer at least 72 hours of paid sick leave annually. Smaller establishments will provide 40 hours of paid leave, with an additional 32 hours available as unpaid leave. These changes stem from a court ruling that reinstates a 2018 law to its original version.

Business Community’s Response

The business sector, however, is urging lawmakers to revise certain aspects of the law before it takes effect on February 21. Brian Calley, President of the Small Business Association of Michigan, has voiced concerns over stringent reporting requirements. He stated, “This law requires extremely precise and detailed accounting of accruals for actual time worked. And so, what a lot of employees are going to find under this law is that employers are going to require that the employee report to them exactly when they are in and are not working. And so, it’ll be a big cultural shift for flexible work environments.”

Clarifications and Concerns

The ruling has led to debates over its interpretation and implications for existing employee benefits. To address these concerns, the Michigan Department of Labor and Economic Opportunity conducted a webinar in August. Sean Egan, LEO Deputy Director of Labor, reassured that the transition might be smoother than anticipated. He explained, “As long as they meet that 72 hours and certain accruals, and you allow that use for the same use as allowed under the Earned Sick Time Act, you may not need to add anything to your plan.”

Potential Impact on Workplace Dynamics

Under the new policy, employees can utilize their sick time for personal or family health issues, or if they are victims of domestic or sexual violence. Calley expressed concerns about potential misuse, noting that documentation is only required after four consecutive days of absence. “It’s not until the fourth consecutive day of absences that the employer can require any documentation as to why the person was absent and that they’re absent for a reason covered under the law,” he added.

Political Landscape and Future Considerations

There is bipartisan interest in revisiting these policies, yet any amendments would need to pass the Democratic-controlled Senate, the Republican-led House, and receive approval from Democratic Governor Gretchen Whitmer. Calley remains skeptical about reaching a consensus before the February deadline.