Michigan Leave Laws Mandates
Michigan’s leave system saw a major change in 2025 due to the Michigan Supreme Court’s decision to implement the Earned Sick Time Act (ESTA), which replaced the prior Paid Medical Leave Act.
ESTA now provides expansive paid sick leave rights to nearly all employees, including full-time, part-time, and seasonal workers, regardless of employer size. Under the Family and Medical Leave Act (FMLA), employees in Michigan are entitled to up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. While Michigan law does not require employers to offer additional types of leave, such as paid family leave, bereavement leave, or vacation, some employers may provide these benefits.
Michigan Sick Leave Law
The Earned Sick Time Act requires all Michigan employers to provide paid sick leave to most employees, effective February 21, 2025. Employees accrue one hour of paid sick leave for every 30 hours worked, up to 72 hours per year for employers with 11 or more employees, and up to 40 hours per year for employers with 10 or fewer employees. Accrual begins on the first day of employment or February 21, 2025. However, employers may require a waiting period of up to 120 days before new hires can use accrued sick time.
Michigan PTO Law
Michigan does not require paid vacation or general PTO beyond ESTA. Employers may offer additional PTO, vacation, or personal leave at their discretion. If an employer’s policy or contract provides for payout of unused PTO/vacation at separation, Michigan’s Payment of Wages and Fringe Benefit Act requires compliance.
Michigan FMLA Law
Michigan employees are covered by the federal Family and Medical Leave Act (FMLA) which applies to employees of covered employers (50+ employees), with at least 12 months’ service and 1,250 hours worked in the past year. Eligible employees may take up to 12 weeks of unpaid, job-protected leave in 12 months for the birth/adoption of a child, to care for a seriously ill family member, for their own serious health condition, or for certain military family needs. FMLA also provides up to 26 weeks of unpaid leave to care for a covered service member.
Michigan Bereavement Leave
There is no state requirement for bereavement leave. Employers may provide paid or unpaid bereavement leave at their discretion or as part of a collective bargaining agreement.
Michigan Military Leave
Employees called to active duty or training are protected under federal law (USERRA) and may take unpaid leave with job reinstatement rights. Public employees may receive paid military leave for a limited period.
Michigan Jury Duty Leave
Employers must allow employees to take unpaid leave for jury duty. Employees may not be penalized or discharged for serving, but payment for jury duty is not required.
Michigan Voting Leave
Michigan law does not require employers to provide paid or unpaid leave for employees to vote. However, employers are encouraged to participate in voting.
Michigan Leave Types, Eligibility, and Duration
| Type of Leave | Eligibility | Duration & Description |
|---|---|---|
| Paid Sick Leave (ESTA) | Most employees; paid | 1 hr per 30 hrs worked; up to 72 hrs/year (large) or 40 hrs/year (small); for illness, family care, public health, or safety needs |
| PTO/Vacation | Employer policy | Not required by law; employer discretion; payout at separation if policy provides |
| FMLA | Employees of covered employers (50+); unpaid | Up to 12 weeks unpaid, job-protected leave for family/medical reasons |
| Bereavement Leave | Employer policy | Not required by law; employer discretion |
| Military Leave | All employees; unpaid (paid for some public) | Unpaid; job protection and reinstatement; paid for public employees in some cases |
| Jury Duty Leave | All employees; unpaid | Unpaid; job protection |
| Voting Leave | All employees; not required | Not required by law; employer discretion |
Minimum Wage in Haryana 2025.
Michigan State Specific Leaves
- Earned Sick Time Act (ESTA): Mandatory paid sick leave for nearly all employees, with accrual, usage, and carryover rules.
- Military Leave: Job protection for service members; paid leave for public employees in some cases.
- Jury Duty Leave: Unpaid, job-protected leave for jury service.
- No state-mandated paid family, bereavement, or voting leave.
Essential Components of an HR Leave Policy
- Procedure for Leave Application: Communicate the steps employees should follow to request leave, including advance notice requirements and the necessary approval workflow.
- Categories of Leave: Clearly define the available leave options for employees, such as annual, sick, casual, or special leave.
- Eligibility Criteria: Specifies which employees can apply for leave and any conditions that must be met (for example, minimum service period).
- Leave Accrual: Explain how employees earn leave, whether on a monthly or yearly basis.
- Carry Forward and Forfeiture Rules: States if unused leave can be transferred to the next year or if it expires after a specific period.
- Tracking and Leave Records: Outlines how the organization monitors and maintains each employee’s leave entitlement and usage.
HR Compliance: Notice & Documentation Requirements
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| Paid Sick Leave | As soon as practicable or per policy | Reasonable documentation for absences (per policy) |
| FMLA | 30 days if foreseeable; ASAP otherwise | Medical certification or military documentation |
| Military Leave | As soon as practicable | Military orders |
| Jury Duty Leave | As soon as possible | Jury summons |
| PTO/Vacation | Per employer policy | Per employer policy |
