January 8, 2019

Michigan Paid Medical Leave Act Effective March 2019

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 40 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.