Michigan Becomes 11th State to Enact a Paid Sick Leave Law

Effective March 29, 2019, Michigan becomes the 11th state to enact paid sick leave entitled the Paid Family Leave Act (PMLA).

Which employers must comply? Employers with 50 or more individuals, regardless of full or part-time status.

Which employees are eligible to receive paid medical leave in MI? An individual whose primary work location is Michigan and is engaged in service to an employer (in the business of the employer) and from whom an employer is required to withhold for federal income tax purposes in.

There are 12 exemptions. The most notable is for employees who worked on average fewer than 25 hours per week during the preceding calendar year.

Accrual Begins: On March 29, 2019 or the first day of employment (if hired after March 29, 2019).

Accrual Rate: One hour for every 35 hours worked, capped at 40 hours per benefit year.

Employers should take the following action in advance of the effective date:

  • Post the required posting, which can be found here.
  • Review existing sick leave policies to determine if the current policy should be revised.
  • Develop a new paid sick leave policy that complies with the PMLA for any employees who are not covered under existing paid leave or paid time off (PTO) policies
  • Monitor Michigan’s Licensing and Regulatory Affairs (LARA) website for further information on the PMLA

For more information, please read the Bureau of Employment Relations Wage and Hour Division Paid Medical Leave Act FAQs.

If you have additional questions about this update, please don’t hesitate to contact me.

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About Michelle Cammayo

Michelle Cammayo has more than 13 years of Employee Benefits experience specializing in all lines of health and welfare benefits. Today, Michelle works closely with clients and partners to provide guidance in areas of the law including ERISA, HIPAA, COBRA, FMLA and PPACA. She also oversees the Compliance Department at Bolton & Company to ensure we are helping our clients manage and eliminate risk with regards to employee benefit compliance.

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