Michigan’s Earned Sick Time Act will affect all farm businesses with employees
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EmailMichigan’s new sick leave law provisions apply to all employers, regardless of industry or number of employees.
Michigan’s Earned Sick Time Act, a revised sick leave law, goes into effect for all Michigan employers on February 21, 2025. A Michigan Supreme Court judgment earlier this year modified the current law to include broader provisions that impact all employers, regardless of size.
Beginning on February 21, 2025, employees accrue one hour of sick time for every 30 hours worked. This applies to all employees, whether they are salaried or paid hourly and full-time or part-time. Employees can use up to 72 accrued hours of sick leave per year, although the specific provisions depend on the number of employees. Businesses with 10 or more employees must allow employees to take up to 72 hours of paid sick leave each year. Businesses with less than 10 employees must allow employees to take at least 40 hours of paid sick time but also an additional 32 hours of unpaid sick time. An employer is considered to have 10 employees if it employs 10 or more employees in 20 or more workweeks in the current or previous calendar year. Workweeks do not have to be consecutive.
Employees must be allowed to use sick time as soon as it is accrued. After an employee’s initial 90 days of employment, the use of accrued sick time cannot be restricted. Accrued sick leave must carry over from year to year, but employers are only required to allow at least 72 hours to be taken in a given year. Sick time is accrued at the same increment as time is recorded, at least hourly. Accrued leave does not need to be paid out upon the end of employment. Current programs that allow paid time off can be utilized to meet these requirements as long as they allow the use of approved sick leave uses (see below) for the required hours.
The law provides a wide range of approved uses of sick leave. Time may be taken for the employee’s physical or mental illness, as well as treatment and preventative medical care. Likewise, time can be taken for a family member’s physical or mental illness, treatment, and preventative care. In addition, the employee may use time to attend to medical care or educational meetings regarding a child’s health or disability. Additional provisions exist for closure of the employee’s business due to an order by a public official, as well as issues around domestic violence. The employer cannot require that the employee find a replacement worker as a condition of using earned sick time. More information can be found in the FAQ from the Michigan Wage and Hour Division.
An employer can require up to seven days of advance notice for a foreseeable need for sick time. However, the only requirement for unforeseeable needs can be that the employee provide notice as soon as practicable. An employer can require documentation for uses of more than three days, but leave may not be withheld due to not receiving documentation. Employers must pay for the cost of any documentation that they require from the employee.
Employers must post written notice of employee rights at hiring on or after February 21, 2025. The State of Michigan offers posters in both English and Spanish. Find more information about posters at the Earned Sick Time Act information page of the Michigan Wage and Hour Division, and the text of the law at MCL 408.963 (amended) et seq. For further questions about the law, please contact Corey Clark or another member of the Farm Business Management Team at Michigan State University Extension. Owners may need to contact their trusted legal counsel for details on how it might apply to their specific situation.
