Starting February 21, 2025, Michigan’s Earned Sick Time Act (ESTA) will require all employers to provide paid sick leave to their employees, with the amount varying based on the employer’s size.

Key Provisions of the Earned Sick Time Act (ESTA):

  • Effective Date: February 21, 2025.
  • Employer Coverage: Applies to all employers in Michigan with one or more employees, except for those employed by the United States Government.
  • Employee Eligibility: Includes salaried (both exempt and non-exempt) and full-time and part-time hourly workers.
  • Accrual Rate: Employees accrue sick time at a rate of 1 hour for every 30 hours worked.
  • Annual Sick Time:
    • Employers with 10 or More Employees: Must allow at least 72 hours of paid sick time per year to be used to the extent the leave is accrued.
    • Employers with Fewer Than 10 Employees: Must allow at least 40 hours of paid sick time annually, plus an additional 32 hours of unpaid sick time to the extent leave is accrued.
  • Carryover: Unused sick time can be carried over, but employers may limit annual use to no more than 72 hours.
  • Permitted Uses: Employees can utilize earned sick time for various reasons, including personal or family member illness, medical appointments, or issues related to domestic violence or sexual assault.
  • Protection from Retaliation: Employees have the right to pursue action if an employer interferes with or retaliates against their use of ESTA benefits, including through private action.

Additional Considerations:

  • Waiting Period: Employers may require new employees to wait up to 90 days after hire to use accrued sick time, but accrual begins immediately upon hire, according to Varnum Law.
  • Incremental Use: Earned sick time may be used in the smaller of hourly increments or the smallest increment of time used by the employer’s payroll system for absences or use of other time. SBA Michigan
  • Documentation: Employers can only require documentation regarding the use of earned sick time when an employee takes leave for more than three consecutive days.

Frequently Asked Questions:

For many immigrants, especially those working hourly or low-wage jobs, it’s hard to take time off if you’re sick because missing work = no money. This law changes that by ensuring you still get paid if you need to rest or go to the doctor.

Not exactly. Here’s how it works:

  • You start earning sick time as soon as you start working.
  • BUT you may have to wait 90 days (about 3 months) before you’re allowed to use it.

Nope! It’s the law. Your employer has to let you take sick leave if you’ve earned it. If they don’t, you can report them or even take legal action.

Yes, but only in certain situations. The law states that employers can request documentation if you take more than 3 consecutive days off. For example, if you’re out sick for a week, your boss might ask for a doctor’s note. However:

  • The law doesn’t specify what kind of proof is acceptable for non-medical reasons, like dealing with domestic violence. This could lead to gray areas where employees might feel pressured to share private or sensitive details.
  • For shorter absences (1-2 days), employers can’t demand proof, which protects workers from excessive scrutiny.

Yes, employers can limit the amount of sick time you use in a year:

  • If you work for a larger company, you can earn up to 72 hours, but your boss can say, “You can only use 72 hours this year, no matter how much you have leftover.”
  • However, unused sick time carries over to the next year, so you don’t lose it entirely.

This could lead to some frustration for workers who need more than 72 hours in a year, especially in jobs with high physical demands or those requiring frequent medical care. Employers might use this cap to restrict flexibility, even if it’s within the law.

The law doesn’t explicitly outline what constitutes “abuse” of sick leave or what employers can do in these situations. Hypothetically:

  • An employer might claim abuse if an employee repeatedly calls in sick without valid reasons (like skipping work for personal convenience).
  • However, the law protects employees from retaliation or discipline for using their earned sick time, so employers need strong evidence to take action.

This creates potential conflicts. For instance:

  • If an employer feels an employee is lying about being sick but can’t prove it, they may let resentment build, creating tension.
  • Conversely, employees might feel pressured not to take their leave for fear of being labeled “lazy” or “unreliable.”

The lack of clear guidelines here might lead to disputes between employees and employers over what’s fair use of sick time.

No, you don’t get paid for unused sick time if you leave your job. It’s kind of like losing gym membership points—you can use the sick hours while you’re working, but if you leave, they disappear.

This might feel unfair if you’ve worked hard to earn those hours, but the law doesn’t treat sick time like vacation pay. It’s only there to help you while you’re employed, not after.

Nope, they can’t. If you’ve earned sick time, the law says you can use it for:

  • Being sick (you or a family member),
  • Doctor appointments, or
  • Serious stuff like domestic violence.

Even if your boss thinks your reason isn’t important, it doesn’t matter. The law gives you the final say as long as your reason fits the rules. But here’s the catch: If they ask for proof (like a doctor’s note for 3+ days off), you need to provide it. If you don’t, they might deny future requests.

Nope, that’s against the law. Employers can’t punish you for using or earning sick time. For example:

  • They can’t cut your hours just because they don’t want you to hit the limit for earning sick leave.
  • They also can’t refuse to schedule you after you’ve taken sick time.

If they try something shady like this, you have the right to report them. Retaliating against workers for using sick time is illegal, and they could face serious trouble if caught.