Advocacy News – Nov. 25, 2024
Michigan employers have been struggling with how to implement the Michigan Supreme Court’s decision in Mothering Justice v. Attorney General, which puts into place a sweeping new Earned Sick Time Act (ESTA) in Michigan. ESTA is a big change – even for employers that provide generous paid time off policies today – and businesses large and small only have until Feb. 21 to prepare.
In an attempt to clarify some of the practicable questions that businesses have been asking about ESTA, the Michigan Department of Labor and Economic Opportunity (LEO) recently issued an updated FAQ document, which builds on the limited version released in October 2024.
Why it matters: The FAQ more thoroughly answers questions we’ve been getting on new law, which is slated to go into effect Feb. 21, including:
- What if we are already in the middle of a benefit year Feb. 21?
- Can employers pay out unused time annually or at the time of separation?
- Can employers frontload all 72 hours?
- Can time be used in 1-hour increments (or less)?
- Can ESTA run concurrently with FMLA approved leave?
- May an employer ask questions regarding the need for using earned sick time?
- What recourse does an employer have for an employee failing to provide requested notice and documentation?
Advocacy continues: Despite the additional clarity from LEO, we believe more work is needed to make ESTA more workable for employers and employees alike. We are strongly advocating for House Bill 6057, which amends ESTA and could be changed to go even further, to be sent to the Governor’s desk when the Michigan Legislature returns for its “lame duck” session in December. Despite months of advocacy by the Chamber and the business community at large, it remains questionable whether legislative leadership will give priority to fixing the law. We believe the votes are there; it’s more a question of whether leadership will allow a vote.
- Make your voice heard! The window to get this bill passed is extremely tight so it’s imperative to make your voice heard on this important issue. Reach out directly to your State Representative and Senator or send and personalize our ready-to-go email today!
Go deeper: Check out the Michigan Chamber’s full FAQ, which includes the questions in LEO’s FAQ as well.