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Summary of difference between federal and state regulations
The Fair Labor Standards Act does not require payment for time not worked. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Earned Sick Time Act
Under the state Earned Sick Time Act, beginning in 2019, employers must provide employees with accrued paid sick leave for qualifying reasons.
Employer coverage
Employers with one or more employee are covered by the Earned Sick Time Act.
Employee eligibility
The law does not include any employee eligibility criteria. Employees do not, however, include the U.S. government.
Leave entitlement
Employees accrue one hour of sick leave for every 30 hours worked. Employers with fewer than 10 employees need to allow the employees to use up to 40 hours of paid earned sick time per year. If an employee accrues more than 40 hours of paid sick leave in a year, the employee is entitled to use an additional 32 hours of unpaid sick leave in that year.
Employers with 10 or more employees need to allow employees to use up to 72 hours of paid sick leave per year.
Earned sick leave carries over from year to year. Employees begin accruing leave upon hire or as of April 1, 2019, whichever is later. Employees may generally use the leave as it is accrued, but employers may require an employee hired after April 1, 2019 to wait 90 days before using the leave.
Employees are to be paid at a rate equal to the greater of either the normally hourly wage or the minimum wage under state law.
Qualifying reasons
- The employee’s own mental or physical illness, injury, or health condition; medical diagnosis, care or treatment of the condition; or preventative medical care.
- A family member’s mental or physical illness, injury, or health condition; medical diagnosis, care or treatment of the condition; or preventative medical care.
- If the employee or family member is a victim of domestic violence or sexual assault, for medical care or psychological or other counseling for physical or psychological injury or disability, to obtain services, to relocate, or to participate in proceedings related to the violence or assault.
- For meetings at a child’s school or place of care related to a child’s health or the effects of domestic violence or sexual assault.
- The closure of the employee’s workplace due to a public health emergency, for an employee to care for a child whose school or place of care is closed due to a public health emergency, or when the employee or family member should be quarantined because of a communicable disease.
Notice, pay, protection
Employees are expected to provide at least 7 days advance notice of the need for leave when it is foreseeable. Notice of unforeseeable leave is expected as soon as practicable.
Employers may require employees to provide reasonable documentation supporting the need for earned sick time.
Employers are not required to pay an employee for accrued earned sick time that was not used upon the employee’s separation from employment.
Employers must provide a notice regarding this law upon hire or by April 1, 2019, whichever is later. Employers must also display a poster regarding this law.
Employees are protected from retaliation for taking leave under the law.
Jury duty
Michigan law doesn’t require private employers to pay employees on jury duty.
Voting
Michigan doesn’t have a time-off-for-voting provision.
Victims appearing in court
Michigan law provides that employers may not take the following actions against employee victims or victim representatives because they are subpoenaed or requested by the prosecuting attorney to attend court for the purpose of giving testimony:
- Discharge, discipline, or cause to be discharged from employment;
- Threaten to discharge or discipline; or
- Discipline.
Employers who violate this provision are guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both, and may be punished for contempt of court.
Civil air patrol
Employers with at least one employee are to provide unpaid leave for employees who are members of the civil air patrols and need to be absent from work to respond to an emergency declared by the governor or the president of the U.S.
Employees are to provide as much notice of the leave as possible. Within 30 days of hire or when they join the civil air patrol, employees are to notify you that they may be called to an emergency. They are also to provide verification from the civil air patrol of the emergency need for the employee’s service.
State
Contacts
Earned sick time
Department of Licensing and Regulatory Affairs
Jury duty
Voting
None.
Victims appearing in court
Office of the Attorney General
Civil Air Patrol Employment Protection Act
Department of Licensing and Regulatory Affairs
Regulations
Jury duty
§600.1348 Jurors; threats, discharge, or discipline by employer; requiring additional hours of work; misdemeanor; penalty.
Voting
None.
Victims appearing in court
Michigan Compiled Laws; Chapter 780, Criminal Procedure; Act 87 of 1985 - Crime Victim's Rights Act
§780.762; Discharge or discipline of victim or victim representative by employer or employer's agent as misdemeanor; penalty; “victim representative” defined.
§780.790; Discharge or discipline of victim or victim representative by employer or employer's agent; misdemeanor; contempt; “victim representative” defined.
Civil Air Patrol Employment Protection Act
Federal
Contacts
None.
Statutes/Regulations
None.