Changes to Michigan’s Paid Medical Leave Act

Changes to Michigan’s Paid Medical Leave Act

In October 2018, the Michigan legislature adopted an earned sick leave law that began as a ballot initiative. In December 2018, the legislature modified and then enacted the Michigan Paid Medical Leave Act. See prior Benefit Beat articles here and here.

In July 2022, Michigan’s Court of Claims determined that the state legislature violated Michigan’s Constitution by adopting and amending a ballot initiative in the same legislative session. The Court reinstated Michigan’s original voter-initiated version of the sick leave law which takes effect February 19, 2023.

Below is a summary of the changes that will take effect in February.

  • The reinstated Earned Sick Time Act (ESTA) applies to all Michigan employers employing at least one employee, except the federal government. The Paid Medical Leave Act (PMLA) applied to employers with 50 or more employees.
  • Under the ESTA, employers with 10 or more employees must provide up to 72 hours of paid sick leave year. Employers with 9 or fewer employees must provide up to 40 hours of paid sick leave and 32 hours of unpaid sick leave per year. The PMLA capped accrual at 40 hours per year.
  • The ESTA, unlike the PMLA, does not allow employers to front load the paid sick leave allowance.
  • Under the ESTA, employees have a private cause of action for violations of the law, the PMLA did not.

Future challenges or legislative changes to this law are expected and employers will want to keep on eye on it.


The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations. This information is provided as general guidance and may be affected by changes in law or regulation. This information is not intended to replace or substitute for accounting or other professional advice. You must consult your own attorney or tax advisor for assistance in specific situations. This information is provided as-is, with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.

Changes to Michigan’s Paid Medical Leave Acthttps://www.cbiz.com/Portals/0/Images/Michigan Paid Medical Leave.jpg?ver=J2mh6Dhy-OAGCRnlgaoJVg%3d%3dIn July 2022, Michigan’s Court of Claims determined that the state legislature violated Michigan’s Constitution by adopting and amending a ballot initiative in the same legislative session. The Court reinstated Michigan’s original voter-initiated version of the sick leave law which takes effect February 19, 2023. 2022-09-07T19:00:00-05:00In July 2022, Michigan’s Court of Claims determined that the state legislature violated Michigan’s Constitution by adopting and amending a ballot initiative in the same legislative session.  The Court reinstated Michigan’s original voter-initiated version of the sick leave law which takes effect February 19, 2023. Regulatory, Compliance, & LegislativeEmployee Benefits ComplianceNo