In just under six months, small businesses in Michigan will be required to begin offering sick time to workers. On Tuesday, the state will hold a webinar to begin telling employers and employees what to expect.
The new sick time rules apply to any Michigan businesses with one or more employee. In short, employers with ten or more employees must allow workers to accrue up to 72 hours of paid sick time. Businesses with fewer than ten workers have to provide 40 hours of paid time off. Employers can not punish workers for using sick time.
Sean Egan, deputy director of the Michigan Department of Labor and Economic Opportunity, said punishment could come in a number of ways.
“It could be changing shifts, changing hours, transferring somebody to somewhere else, perhaps even discipline,” Egan said. “I think many employers use what are called 'No Fault' attendance policies, where you get certain points for any kind of absence. I think it's very clear under this Act that that, in essence, counts as discipline. So, you couldn't apply those points to use for these particular reasons”.
Egan said the new rules will be good for employees, employers and the public.
“We know, because of COVID, that going to work while you're sick is not a very smart thing to do, because you're exposing your coworkers, as well as the public, to possible transmission of the cold, the flu, covid or other sicknesses that people carry with them. So, I think we'll see definitely a public health improvement by making sure that people that need to be off from work because they're unwell have the ability to do that.”
In a written release, the state said key provisions of Michigan’s Earned Sick Time Act include:
• Effective on February 21, 2025.
• Applies to all employers, regardless of their size, with the exception of federal employers.
• Includes all employee categories, such as salaried (both exempt and non-exempt) and full- and part-time hourly workers and expands the permitted uses of sick time.
• Grants employees the right to pursue legal action if an employer interferes with or retaliates against their use of Earned Sick Time Act benefits.
• Employers must now accrue sick time at a rate of 1 hour for every 30 hours worked, eliminating the option to "front load" sick time.
• Businesses with 10 or more employees must provide up to 72 hours of paid sick time per year, an increase from the previous limit of 40 hours.
• Smaller businesses with fewer than 10 employees must provide up to 40 hours of paid sick time annually, plus an additional 32 hours of unpaid sick time.
Unused sick time can be carried over, but employees may use no more than 72 hours of earned sick time within any given year.
The state has posted information on the new Earned Sick Time Act online. Egan said Tuesday's webinar will include a live Q&A session, and participants can email questions before the event to: leo-comms@michigan.gov.
Egan said the Department of Labor and Economic Opportunity plans to host more educational sessions before the new act takes effect next year.
He also said the same Michigan Supreme Court ruling that cleared the way for the Earned Sick Leave Act also made changes to Michigan’s minimum wage laws. State officials have asked for more information from the high court on implementation, and Egan says once that clarification is made, LEO will begin offering public sessions on that issue as well.
