Michigan Leave Laws
No federal or state law requires employers to provide paid or unpaid vacation time for their employees. However, if employers choose to offer a vacation leave, paid or unpaid, to their employees it must comply with applicable state law or employment contract.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
The vacation provided under a written contract or policy is considered a fringe benefit and not wages (Mich. Comp. Laws § 408.471(e)).
- Use-It-or-Lose-It Policy
The state of Michigan has no statute governing the policy
- Payment of Accrued Vacation on Termination
Employers must pay fringe benefits according to the terms of their written contract or policy and cannot withhold any payments due at an employee’s termination unless the employee agrees in writing of his own free will (Mich. Comp. Laws §§ 408.473 and 408.474).
Vacation and PTO
Vacation pay is considered a fringe benefit, not wages.
Michigan Paid Sick Leave Laws
Employers with 50 or more employees are required to provide sick leave
Eligible employees are ones who work at least 25 hours per week, who work at least 26 weeks per year for a job scheduled for at least 26 weeks, and whose primary work location is in Michigan.
Employers are required to give 1 hour for every 35 hours worked. Frontloading is permitted. Annual accrual cap is 40 hours.
Accrued sick leave time can be carried over to the next year. Employees are allowed to use maximum 40 hours of paid sick leave per year.
Sick leave covers the following reasons:
Employee’s or a family member’s illness, injury or condition; preventive care; maternity or paternity leave; reasons related to domestic violence or sexual assault; exposure to communicable disease.
Maternity, Paternity, FMLA
In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Michigan has the following laws regarding Maternity and Paternity Leave:
Michigan’s Civil Rights Act
The Act provides protection from sex-based discrimination including pregnancy, childbirth, and conditions related to pregnancy and childbirth.
The Act applies to all employers. Pregnancy, childbirth, and conditions related to pregnancy and childbirth must be treated in the same way as any other temporary disability. The rule also applies to the amount of time provided for leave. The Act applies to all employment-related purposes including receipt of benefits under fringe benefit program.
Employers are not allowed to terminate employee’s employment due to pregnancy.
Jury Duty Leave
Michigan leave laws do not require employers to pay employees any wages for the time spent complying with a jury summons or serving on a jury but has to provide employees unpaid leave to perform their jury duties.
An employer may not discharge, threaten, coerce, or penalize an employee for complying with a jury summons or serving on a jury.
An employer may not require an employee who serves jury duty, without the employee’s voluntary consent or pursuant to a collective bargaining agreement, to work:
– any number of hours during a day which, if added to the number of hours which the employee spends on jury duty, exceeds the number of hours normally worked by the employee during a day, or
– the number of hours normally worked by the employee if it would result in the employee be required to work past the employee’s normal quitting time.
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Michigan does not have any laws that require employers to provide employees paid or unpaid time off to vote.
Michigan law provides employment protections for Michigan and U.S. military members, in addition to Uniformed Services Employment and Reemployment Rights Act.
- Employers must provide temporary unpaid leave to military service members for periods of military service, training or induction into the military. Advance notice is required.
- Nondiscrimination protections and reemployment rights for military service members following military service leave.