Author: W. Dane Carey
In December 2018, Michigan enacted the Paid Medical Leave Act (the "PMLA"), which went into effect on March 29, 2019. The law requires employers with 50 or more employees to provide paid medical leave for personal or family needs. Qualifying employers who have not already implemented policies should act as soon as possible to ensure compliance with the new rules.
Under the PMLA, paid leave may be used for:
- The employee’s or employee’s family member’s mental or physical illness, injury, or health condition, including medical diagnosis, care, or treatment and preventative medical care.
- Medical or psychological care for physical or psychological injury or disability resulting from domestic violence or sexual assault, to obtain legal services or participate in related court proceedings.
- Closure of the employee’s primary workplace or child’s school or daycare due to a public health emergency or if the employee or family member has been quarantined.
The law does not apply to employees that are:
- Exempt from overtime under the Fair Labor Standards Act (e.g., if they are a bona fide executive, administrative, or professional employee or an outside salesperson, or otherwise exempt under the federal statute)
- Not located in the state of Michigan
- Not employed for at least 25 or more weeks in a calendar year, or their job is scheduled for 25 weeks or less
- Not working an average of 25 or more hours per week during the immediately preceding calendar year; or
- Employees covered by collective bargaining agreements entered before March 2019.
Employees will accrue one hour of leave for every 35 hours worked. Also, employers may limit an employee’s accrual to 40 hours of paid leave per year. Employers may require an employee to wait to use the paid leave until 90 days after their start date of employment.