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Michigan Department of Labor & Economic Opportunity Wage and Hour Division PO Box 30476 Lansing, MI 48909-7976 GRETCHEN WHITMER REQUIRED POSTER SUSAN CORBIN GOVERNOR GENERAL REQUIREMENTS – EARNED SICK TIME ACT* DIRECTOR Your employer’s ‘year’ for the purposes of the Earned Sick Time Act is: Earned Sick Time Accrual Number of Employees Minimum Accrual Minimum Paid Sick Time Unpaid Sick Time Less than 10 employees 1 hour for every 30 hours 40 hours in a year 32 hours (if more than 40 accrued) 10 or more employees 1 hour for every 30 hours 72 hours in a year • Earned sick time shall carry over from year to year, a business with less than 10 employees is not required to permit an employee to use more than 40 hours of paid earned sick time and 32 hours of unpaid earned sick time in a single year, employers with 10 or more employees are not required to permit an employee to use more than 72 hours of paid earned sick time in a single year. • Earned sick time shall begin to accrue on the effective date of this law, or upon commencement of the employee’s employment, whichever is later. • An employee may use accrued earned sick time as it is accrued. • An employer is in compliance with the act if it provides any paid leave in at least the same amounts as that provided under this act that may be used for the same purposes and under the same conditions provided in this act and that is accrued at a rate equal to or greater than the rate described in subsections and of Section 3 of the act. Paid leave includes, but is not limited to, paid vacation days, personal days, and paid time off. Earned Sick Time Uses An employer shall permit an employee to use the earned sick time accrued for any of the following: • The employee’s or the employee’s family member’s mental or physical illness, injury, or health condition; medical diagnosis, care, or treatment of the employee’s mental or physical illness, injury, or health condition; or preventative medical care for the employee. • If the employee or the employee’s family member is a victim of domestic violence or sexual assault, for medical care or or other counseling for physical or injury or disability; to obtain services from a victim services organization; to relocate due to domestic violence or sexual assault; to obtain legal services; or to participate in any civil or criminal proceedings related to or resulting from the domestic violence or sexual assault. • For meetings at a child’s school or place of care related to the child’s health or disability, or the effects of domestic violence or sexual assault on the child; or • For closure of the employee’s place of business by order of a public official due to a public health emergency; for an employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency; or when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee’s or employee’s family member’s presence in the community would jeopardize the health of others because of the employee’s or family member’s exposure to a communicable disease. • An employer shall not require an employee to search for or secure a replacement worker as a condition for using earned sick time. Exercise of Rights • An employer or any other person shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this act. • An employer shall not take retaliatory personnel action or discriminate against an employee because the employee has exercised a right protected under this act. “Retaliatory personnel action” means any of the following: Denial of any right guaranteed under this act. A threat, discharge, suspension, demotion, reduction of hours, or other adverse action against an employee or former employee for exercise of a right guaranteed under this act. Sanctions against an employee who is a recipient of public benefits for exercise of a right guaranteed under this act. Interference with, or punishment for, an individual’s participation in any manner in an investigation, proceeding, or hearing under this act. • An employer’s absence control policy shall not treat earned sick time taken under this act as an absence that may lead to or result in retaliatory personnel action. Complaint Filing An employee affected by an alleged violation, at any time within 3 years after the alleged violation or the date when the employee knew of the alleged violation, whichever is later, may do any of the following: Bring a civil action for appropriate relief, including, but not limited to, payment for used earned sick time; rehiring or reinstatement to the employee’s previous job; payment of back wages; reestablishment of employee benefits to which the employee otherwise would have been eligible if the employee had not been subjected to retaliatory personnel action or discrimination; and an equal additional amount as liquidated damages together with costs and reasonable attorney fees as the court allows. File a claim with the department, which shall investigate the claim. Filing a claim with the department is neither a prerequisite nor a bar to bringing a civil action. *For precise language of the statute, see Public Act 338 of 2018, as amended Auxiliary aids, services and other reasonable accommodations are available, upon request, to individuals with disabilities. www.michigan.gov/wagehour • Toll Free 1-855-4MI-WAGE (1-[PHONE REDACTED]) WHD 9911 (Revised 8/22/2024)