Insights

In our webinar on December 19, 2024, we discussed Michigan’s new Earned Sick Time Act (ESTA) with attorney David Porter from Kienbaum, Hardy, Viviano, Pelton and Forrest. Click here for access to that webinar and supporting resources, such as a sample notice you may provide your employees.

Since this webinar, the house of representatives have passed an amendment to the ESTA. It still needs to go to the Senate, and the Governor needs to sign, so it may or may not change by the time it becomes law. But it’s a good sign that we’ll have an amended version in place by February 21, 2025.

Here are the major changes to the ESTA that would be made if the house bill becomes law:

• The following categories of employees are not eligible:
  1. Temporary employees (those employed 25 weeks or less in a benefit year in a job scheduled for 25 weeks or less in a benefit year)
  2. Employees working on average less than 25 hours a week during the previous benefit year or expected to work on average less than 25 hours a week in the current benefit year
• Employers with fewer than 50 employees are not covered.
• Expressly states that employers can avoid carry over by frontloading or paying employees the unused accrued sick time at the end of the benefit year.
• Carry over is required in situations not meeting the above, but not more than 72 hours of carry over is required.
• It removes the seven-day notice requirement for foreseeable ESTA absences and the as soon as is practicable notice for unforeseeable time off and states instead that employees must follow the usual and customary notice, procedure and documentation requirements of the employer.
• Specifically states that if the usual and customary notice, procedure and documentation rules are not followed, an employer can impose discipline
• Sick time must be used in one-hour increments unless the employer has a different increment policy that is in writing.
• States ESTA runs concurrently with FMLA, ADA and other legally required leaves
• If the ESTA is for more than 3 consecutive days, the employer may require reasonable documentation or an FMLA certification.  The employee has 15 days to provide the documentation.  Except in cases of FMLA leave running concurrently with ESTA and where an FMLA certification is required, the employer cannot ask about the nature of the illness.
• Removes the rebuttable presumption of a violation if the employer takes adverse action against an employee within 90 days of the employee engaging in certain protected activity.
• Removes the right to file a civil action and requires a complaint to go to the LEO instead.

HIA is committed to keeping you informed on legislation that impacts our Michigan clients. If you have any questions or need guidance, please feel free to contact us or David Porter.