Michigan Paid Medical Leave Act Effective March 2019
by Katherine F. Cser
Michigan Paid Medical Leave Act Effective This March
Michigan’s paid sick-time measure, the Michigan Paid Medical Leave Act (the “Act”) will go into effect this March. The Act, signed by Governor Snyder on December 14, 2018, provides 35 hours annually of paid sick time to eligible employees who work for employers with 50 or more employees. The Act allows workers to take paid medical leave for personal or family health needs, as well as for purposes related to domestic violence and sexual assault. The new measure makes Michigan one of only eleven states that offers the majority of workers paid medical leave up to a week off work.
The Act requires eligible employees to accrue paid medical leave at a rate of at least one hour of paid medical leave for every 35 hours worked. Moreover, an employee may carry over at least 40 hours of unused accrued paid medical leave from one benefit year to another benefit year. Alternatively, employers may provide at least 40 hours of paid medical leave to eligible employees at the beginning of a benefit year and prorate the paid medical leave without allowing employees to carry over unused accrued leave. Paid medical leave will begin to accrue the date the Act becomes effective or 90 days after the commencement of employment, whichever is later.
Employers are required to display a poster in a conspicuous place with information about eligibility, the terms under which medical leave may be used, and information about filing a complaint. Employers who willfully violate this posting requirement are subject to an administrative fine of not more than $100.00 for each separate violation.
Employers who fail to provide paid medical leave in violation of the Act are subject to an administrative fine of not more than $1,000.00.
Katherine F. Cser
Katherine F. Cser focuses her practice on labor and employment issues. She counsels and advises business owners, managers and human resources professionals on workplace issues including discrimination, retaliation, wage and hour laws, medical leave laws, among other concerns.
She has also practiced as a commercial litigator on a wide variety of commercial disputes in federal and state courts and arbitral proceedings. Katherine has experience in commercial transactions litigation, as well as restrictive covenants and intellectual property and related tort claims.
Before joining Kerr Russell, Katherine was an attorney in the New York City office of a national law firm. In 2014 and 2015, she was named to the New York Metro Super Lawyers’ Rising Stars list. In 2016, 2017, and 2018, Katherine was named to the Michigan Super Lawyers' Rising Stars list.
- Katherine's article "The Real Estate Industry Must Be Cautious with Social Media" was published by the American Bar Association and can be reviewed here.
- Katherine's article “Proposed Tip-Pooling Regulation: Impact on Restaurateurs” was published by the American Bar Association Section of Litigation, Employment and Labor Relations Law and can be viewed here.
- Katherine's article "Managing Talent in the Fluctuating Workforce" for Corp! Magazine can be downloaded here.
- VIDEO (here): Kerr Russell attorneys Kate McCarrolland Katherine Cser discuss the top five issues today in immigration, labor and employment law: Sexual Harrassment, Transgender Employees, Employment Manuals (NLRB's Boeing Decision), Department of Homeland Security Oversight, Immigration Challenges