Michigan's Paid Sick Leave
On July 31, 2024, the Michigan Supreme Court issued a ruling that repealed the Paid Medical Leave Act (Public Act 369 of 2018).
Due to this ruling, the following will be effective on February 21, 2025:
Historical Context
On July 31, 2024, the Michigan Supreme Court issued a ruling in the case Mothering Justice v. Attorney General. This ruling struck down Improved Workforce Opportunity Wage Act (2018 PA 368) and Paid Medical Leave Act (2018 PA 369), arguing that they are unconstitutional because they amended ballot initiatives that had been adopted into law within the same legislative session, an act that was not included in the three options provided to the Legislature under the initiative clause of the Michigan Constitution.
What's Next
The MRLA is actively working with the legislature and administration to secure a legislative solution in advance of the effective date of this ruling to offset its most damaging impacts to the hospitality industry. We know that a paid sick leave mandate imposed upon small operators needs to be flexible and reasonable or the desire by those intending to help risks hurting everyone far more.
Due to this ruling, the following will be effective on February 21, 2025:
- All employers in Michigan must provide an accrual of 1 hour of paid sick leave for every 30 hours worked.
- Employees may use up to 72 hours of sick time per year
- Employers with less than 10 employees must provide 40 hours of the sick time paid
- Employers with 10 or more employees must provide 72 hours of the sick time paid
- Employers must allow for a carryover with no cap.
- Employers can only require a doctor’s note after 3 consecutive sick days off.
- There are no eligibility exceptions to the law – everyone is eligible regardless of their employee status is part-time, seasonal, temporary, exempt or non-exempt.
- All employers must provide the paid sick leave regardless of number of employees.
- Employer must pay tipped-employees based on base wage plus average tips based on previous pay period.
- Employer must allow for paid sick leave to be taken on the smaller time increment that the HR software allows.
Historical Context
On July 31, 2024, the Michigan Supreme Court issued a ruling in the case Mothering Justice v. Attorney General. This ruling struck down Improved Workforce Opportunity Wage Act (2018 PA 368) and Paid Medical Leave Act (2018 PA 369), arguing that they are unconstitutional because they amended ballot initiatives that had been adopted into law within the same legislative session, an act that was not included in the three options provided to the Legislature under the initiative clause of the Michigan Constitution.
What's Next
The MRLA is actively working with the legislature and administration to secure a legislative solution in advance of the effective date of this ruling to offset its most damaging impacts to the hospitality industry. We know that a paid sick leave mandate imposed upon small operators needs to be flexible and reasonable or the desire by those intending to help risks hurting everyone far more.
