Family and Medical Leave in Michigan

Employers in every state are subject to the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave, with the right to reinstatement, for certain reasons.

In addition, many states, including Michigan, have their own laws that require employers to provide time off for family and medical reasons. Read on to learn more.

Michigan's Earned Sick Time Act

Effective February 21, 2025, Michigan's Earned Sick Time Act (ESTA) replaces the Paid Medical Leave Act (PMLA), resulting in more generous paid sick leave for Michigan workers. The law broadly applies to all Michigan employers, but has different requirements for employers depending on their size.

Employers With at Least 10 Employees

Employers with 10 or more employees must provide one hour of paid sick leave for every 30 hours worked. Employees can use up to 72 hours of paid sick leave per year (unless the employer designates a higher amount) for any of the following reasons:

• to address the employee's or a family member's mental or physical health needs
• to care for the employee or a family member following domestic violence or sexual assault
• to attend meetings at a child's school or care facility regarding the child's health or disability, and
• for situations involving public health emergencies, including the need to care for a child whose school is closed for public health reasons.

Employers With Fewer Than 10 Employees

Like larger employers, employers with fewer than 10 employees must also provide one hour of paid sick leave for every 30 hours worked. However, smaller employers can limit employees to taking 40 hours of paid sick leave followed by 32 hours of unpaid sick leave per year. The qualifying reasons for leave are the same as those described above.

Carryover

Under ESTA, any unused sick time carries over to the following year, although usage is capped at 72 hours per year unless the employer chooses to allow more.

Waiting Period

An employer may require a new hire to wait until the 90th calendar day after starting employment before using accrued sick time.

Further Information

The Michigan Department of Labor and Economic Opportunity (LEO) has released a set of detailed FAQs about the new law.

Federal FMLA Rights: Who Is Covered?

Michigan employers must comply with the FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year.

Employees may take FMLA leave if:

• they have worked for the company for at least a year
• they worked at least 1,250 hours during the previous year, and
• they work at a location with at least 50 employees within a 75-mile radius.

Reasons for Leave

FMLA leave is available if an employee needs time off to:

• recuperate from a serious health condition
• care for a family member with a serious health condition
• bond with a new child
• handle qualifying exigencies arising out of a family member's military service, or
• care for a family member who suffered a serious injury during active duty in the military. (You can find out more about these last two types of leave for family members of those serving in the military in Nolo's article Military Family Leave for Employees.)

How Much Leave Is Available?

Employees may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave renews every 12 months, as long as the employee continues to meet the eligibility requirements set out above.

Employees may take up to 26 weeks of leave in a single 12-month period to care for a family member who was injured on active military duty. However, this leave is a per-injury, per-service member entitlement. Unless the same family member is injured again, or another family member suffers an injury while on active duty, an employee may not take an additional leave for this purpose.

Leave and Reinstatement Rights

Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. Although FMLA leave is unpaid, employees may be allowed (or required) to use their accrued paid leave during FMLA leave.

When an employee's FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.

If You Need Help

If you think you might need FMLA leave, you should inform your manager and/or HR department right away. Get a copy of the company's FMLA policy and find out what forms you'll need to complete. The FMLA imposes notice and paperwork requirements on both employees and employers, so it's important to act quickly.

You can find out more about the FMLA in Nolo's article Taking Family and Medical Leave and Nolo's book, The Essential Guide to Family and Medical Leave, by Lisa Guerin and Deborah C. England.