Please see our webinar for full information on Michigan’s new Earned Sick Time Act. Below are some common facts and questions. Compliance is required by February 21, 2025.
Is frontloading allowed under the act?
Section 11 of ESTA establishes minimum requirements for earning sick time leave and does not preempt any other policy that provides for greater accrual or extends other protections to employees. As such, an employer policy that frontloads earned sick time would be compliant with the act provided that the employee receives the full amount that he or she would otherwise accrue in the year.
Can you cash out ESTA banked time in lieu of carry over?
ESTA Section 3(1)(c) states that “Earned sick time shall carry over year to year.” There does not appear to be any room for paying it out in lieu of carry over in the statute. It is possible that an amendment of the act or perhaps rules promulgated under the act may allow for that in the future, but under the current act the earned sick time must carry over.
Do paid holidays count toward earning leave time?
Section 3 of the act provides that an employee accrues a minimum of one hour of earned sick time for every 30 hours worked. If an employee works on a paid holiday, then yes. But not if the employee does not work on the paid holiday.
When can a probationary employee take leave during a probationary time period?
Employees begin accruing sick time leave upon hire. However, under Section 3 (2), an employer may have policy requiring new employees wait until the 90th calendar date after commencing employment to begin using their time. Absent such a policy, an employee may take ESTA leave once time is earned.
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