As we reported in January 2023, the Michigan Court of Appeals upheld the current Michigan Paid Medical Leave Act (PMLA) which was effective March 29, 2019.
On December 7, 2023, the Michigan Supreme Court heard oral arguments on whether to reverse the January 2023 Court of Appeals decision supporting the Legislature and its 2018 use of the adopt-and-amend strategy to address paid sick leave.
If the Michigan Supreme Court opts to reverse the Court of Appeals decision, Michigan law would revert to the ballot proposal language. Here’s what employers would need to do as a result:
Sick Time – Under the ballot proposal language, all employees (full-time, part-time, temporary, and independent contractors) would be entitled to receive and use one hour of paid medical leave for every 30 hours worked, up to 72 hours per year. (Small businesses with less than 10 employees would be required to grant 40 hours paid leave, 32 hours unpaid.) It would require for this time to be separated from other PTO banks and places severe compliance burdens on employers, including those with paid leave policies currently in place. It limits the ability of employers to exercise notification procedures and require doctor’s notes and allows time to be used in as little as six-minute increments.
By contrast, Michigan’s existing Paid Medical Leave Act only applies to businesses with 50 or more employees and contains more reasonable and workable provisions.
The MI Supreme Court decision is expected in January, 2024. Until that time, PMLA law effective March 29, 2019 remains unchanged.
Koppinger & Associates can help you navigate the complex world of federal and state compliance.
Contact us for solutions to turn confusion into clarity.
