Recent Employment Laws

Earned Sick Time Act

Beginning in March 2019, employers with 50 or more employees must accrue for each eligible employee one hour of sick time for every 35 hours worked (up to 40 hours per benefit year).  An eligible employee does not include any of the following:

  • An individual whose primary work location is not in this state
  • An individual who is less than 20 years of age and is receiving a training hourly wage or is less than 18 and is receiving 85% of the general minimum wage
  • An individual employed by an employer for 25 weeks or fewer in a calendar year for a job scheduled for 25 weeks or fewer
  • An individual who worked, on average, fewer than 25 hours per week during the immediately preceding calendar year

As an alternative to accruing, an employer may provide at least 40 hours of paid medical leave to an eligible employee at the beginning of a benefit year.  For eligible employees hired during a benefit year, an employer may prorate paid medical leave provided.  As defined in the bill, paid leave includes but is not limited to, paid vacation days, paid personal days, and paid time off.

Employees can use this time for their own health needs as well as their covered family member’s health needs.  This time may also be used for absences pertaining to domestic violence or sexual assault.  Meetings at the employee’s child’s school or place of care related to the child’s health, disability, domestic violence, or sexual assault are covered under this Act as well.

An eligible employee must comply with his or her employer’s usual notice, procedural, and documentation requirements for requesting leave.  The employer must give an eligible employee at least 3 days to provide the employer with documentation.

Employers should use this increased lead time to review and revise their leave policies and procedures before the anticipated 2019 effective date.

Improved Workforce Opportunity Wage Act

Beginning 2019, the minimum hourly wage in the state of Michigan will increase to $9.45.  Tipped employees’ minimum hourly wage will be 38% of the general minimum wage ($3.59 for 2019).

Michigan Regulation and Taxation of Marijuana Act

Even though marijuana has been legalized for adult recreational use in the state of Michigan, employers can still do pre-employment and random drug tests on employees and require zero tolerance policies for their employees.  Employers can also refuse to hire, fire, or discipline employees who test positive for marijuana.