Michigan Earned Sick Time Act (ESTA)

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Effective February 1, 2025

Earned sick time is paid leave provided by an employer to an eligible employee that can be used for the purposes described in the “Terms of Use” section below.

Eligibility & Amount

Beginning February 21, 2025 an employee will earn one hour of sick and safe time for every 30 hours worked. Maximum use of 72 hours of paid earned sick time in a single year. A year is defined as a calendar year.

Rate of Accrual

One hour of sick pay for every 30 hours worked. 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.

Eligibility

• An employee is an individual engaged in service to an employer in the business of the employer, except that employee does not include an individual employed by the United States government.

• Full-time, part-time, and temporary workers are eligible.

• An employee may use accrued earned sick time after 90 days of employment

Unused Sick Leave

• Unused paid sick time rolls over up to 72 hours. Maximum use will be 72 hours in a single year.

• Unused accrued sick time will not be paid out at the end of employment.

• Employees separated from employment for 6 months or less maintain all accrued earned sick time prior to the separation, begin accruing additional hours upon reemployment, and may use any accrued hours.

• Employees transferred to another classification or location within the State of Michigan maintain all accrued hours and continue to accrue hours.

• Employees separated from employment for longer than six months lose all accrued, unused earned sick time.

Terms of Use
An employer shall permit an employee to use the accrued earned sick time for any of the following:

• The employee’s or employee’s family member’s mental or physical illness, injury, or health condition; medical diagnosis, care, or treatment of the employee’s or the employee’s family member’s mental or physical illness, injury, or health condition; or preventative medical care for the employee or the employee’s family member.

• If the employee of the employee’s family member is a victim of domestic violence or sexual assault, for medical care or psychological or other counseling for physical or psychological injury or disability; to obtain service 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 childs’ health or disability, or the effects of domestic violence or sexual assault on the child.

• For closure of the employee’s place of business by order of a public official due to 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, regardless of whether the employee or family member has actually contracted the communicable disease.

When an employee is absent for an event covered under Earned Sick Time Act (ESTA), ESTA time must be used. When an employees’ ESTA has been exhausted, the PLT policy will apply.

Family Member Definition

• Biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, or a child to whom the employee stands in loco parentis.

• Biological parent, foster parent, stepparent, or adoptive parent or a legal guardian of an employee or an employee’s spouse or domestic partner or a person who stood in loco parentis when the employee was a minor child.

• Grandparent

• Grandchild

• Biological, foster, or adopted sibling

• Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

• “Domestic partner” means an adult in a committed relationship with another adult, including both same-sex and different-sex relationships.

• “Committed relationship” means one in which the employee and another individual share responsibility for a significant measure of each other’s common welfare, such as any relationship between individuals of the same or different sex that is granted legal recognition by a state, political subdivision, or the District of Columbia as a marriage or analogous relationship, including, but not limited to, a civil union.

Advance notice is required when the use of ESTA is foreseeable. If the need is unforeseeable, the employee must communicate prior to the start of shift and/or as soon as practicable.

Documentation may be required if an employee uses ESTA for more than three consecutive work days.