Michigan Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

Does Michigan Require Paid Sick Leave?

Michigan requires paid sick leave for all employers under the Earned Sick Time Act (ESTA), MCL 408.961–408.974, which took effect February 21, 2025, replacing the prior Paid Medical Leave Act (PMLA). The ESTA is administered by the Michigan Department of Labor and Economic Opportunity (LEO), Wage and Hour Division. Employers with 11 or more employees became subject to the law on February 21, 2025; employers with 10 or fewer employees became subject on October 1, 2025. The statute was reinstated by the Michigan Supreme Court following a voter initiative originally adopted in 2018, and then amended by House Bill 4002, Public Act 2 of 2025.

Source: Michigan Legislature, MCL 408.963 — https://legislature.mi.gov/Laws/MCL?objectName=mcl-408-963-amended · Michigan LEO, ESTA page — https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/paid-medical-leave-act

Which Employers Are Covered?

The Michigan sick leave law — the ESTA — covers all Michigan employers, regardless of size, though the compliance dates differ:

• Employers with 11 or more employees (counted as full-time, part-time, temporary, and staffing-agency workers nationwide): subject to the ESTA from February 21, 2025. An employer with 11 or more employees in at least 20 workweeks in the current or prior calendar year is classified as a “large” employer through the end of the following year.
• Employers with 10 or fewer employees (“small businesses”): subject to the ESTA from October 1, 2025. Newly established small businesses are not subject to the law for three years following the hire of their first employee.
• Employers with contracted employees under contracts signed before December 31, 2024, with a term of three years or less, must notify LEO at leo-estacontract@michigan.gov; the ESTA applies to those employees when the contract expires.
• Collective bargaining agreements (CBAs) in effect on February 21, 2025 remain operative; the ESTA applies to covered employees on the date the CBA expires.

Michigan does not have local paid sick leave ordinances that overlay the state statute; the ESTA operates as a statewide floor.

Source: Michigan LEO ESTA FAQ — https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/paid-medical-leave-act/frequently-asked-questions–faqs · HB 4002 enrolled text — https://www.legislature.mi.gov/documents/2025-2026/billenrolled/House/pdf/2025-HNB-4002.pdf

Which Employees Are Eligible?

The Michigan Earned Sick Time Act covers all employees whose primary physical work location is in Michigan — salaried and hourly, full-time, part-time, and seasonal workers. Employees who work primarily out of state but spend 50% or more of their compensated time in Michigan are also covered. The ESTA does not cover:

• Independent contractors (determined using Michigan’s “economic realities” test)
• Unpaid trainees and unpaid interns
• Youth employees
• Employees who schedule their own working hours without being subject to a minimum-hour requirement or penalized for not meeting one
• Employees covered by a currently operative CBA (until CBA expiration)

Newly hired employees may be required to wait up to 120 days after their hire date before using accrued sick time; accrual begins immediately upon hire.

Source: MCL 408.963 — https://legislature.mi.gov/Laws/MCL?objectName=mcl-408-963-amended · Michigan LEO ESTA FAQ — https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/paid-medical-leave-act/frequently-asked-questions–faqs

Accrual, Frontloading & Caps

Accrual method: Sick time accrues at a rate of 1 hour for every 30 hours worked, beginning on the effective date of the law or the date of hire, whichever is later. Salaried employees exempt from FLSA overtime are presumed to work 40 hours per week unless their normal workweek is less than 40 hours. Sick time does not accrue during an employee’s time off (e.g., paid leave, vacation).

Frontloading: Employers may grant the full annual allotment at the start of the benefit year in lieu of tracking accrual. Large employers must frontload at least 72 hours; small employers must frontload at least 40 hours. Frontloaded time must be available for use immediately with no waiting period. Employers using frontloading are exempt from the carryover requirement for unused hours.

Usage caps:

• Large employers (11+ employees): may cap annual usage at 72 hours paid.
• Small employers (10 or fewer employees): may cap annual usage at 40 hours paid; employees may also use up to an additional 32 hours of unpaid sick time per year.

Carryover: Unused accrued sick time carries over year to year. Large employers are not required to allow use of more than 72 hours per year; small employers are not required to allow use of more than 40 paid hours per year. Unused sick time does not need to be paid out upon separation from employment, except that accrued time must be maintained for seasonal employees whose separation lasts fewer than two months.

Pay rate: Paid sick time is compensated at the employee’s regular hourly wage or the applicable minimum wage, whichever is greater. Overtime premiums, bonuses, commissions, tips, and holiday pay are excluded from the rate calculation. Leave is calculated in one-hour increments, or the smallest increment the employer uses to account for other time.

Source: MCL 408.963 — https://legislature.mi.gov/Laws/MCL?objectName=mcl-408-963-amended

Qualifying Reasons for Paid Sick Leave

Under MCL 408.964, earned sick time under the Michigan sick leave law may be used for the following reasons:

• The employee’s own physical or mental illness, injury, or health condition; medical diagnosis; care or treatment; or preventive medical care
• A family member’s physical or mental illness, injury, or health condition; medical diagnosis; care or treatment; or preventive medical care
• Meetings at a child’s school or place of care related to the child’s health or disability
• If the employee or a family member is a victim of domestic violence or sexual assault: obtaining medical care or counseling; services from a victim services organization; relocation; legal services; or participation in civil or criminal proceedings related to the domestic violence or sexual assault
• Closure of the employee’s place of business or a child’s school or childcare due to a public health emergency, or quarantine ordered by a public health official
• When a health care professional determines that the employee’s or a family member’s presence in the community would jeopardize the health of others due to exposure to a communicable disease

Source: HB 4002 enrolled text — https://www.legislature.mi.gov/documents/2025-2026/billenrolled/House/pdf/2025-HNB-4002.pdf

Definition of Family Member

The ESTA defines “family member” broadly under MCL 408.961(h) to include:

• A biological, adopted, or foster child; stepchild; legal ward; child of a domestic partner; or child to whom the employee stands in loco parentis
• A biological parent, foster parent, stepparent, or adoptive parent; a legal guardian of the employee or the employee’s spouse or domestic partner; or an individual who stood in loco parentis when the employee was a minor
• A legal spouse (under the laws of any state) or domestic partner
• A grandparent, grandchild, or sibling (biological, foster, step, or adoptive)
• Any individual whose close association with the employee is the equivalent of a family relationship

The definition is explicitly non-exhaustive. There is no “designated person” provision under the ESTA equivalent to California’s provision.

Source: HB 4002 enrolled text, MCL 408.961(h) — https://www.legislature.mi.gov/documents/2025-2026/billenrolled/House/pdf/2025-HNB-4002.pdf

Pay Rate, Notice & Documentation

Employee notice: If the need for leave is foreseeable, employers may require up to 7 days advance notice. If the need is unforeseeable, employers may require notice as soon as practicable or in accordance with the employer’s written sick leave policy, provided the employee has received a written copy of that policy.

Employer documentation: For leave lasting 3 or more consecutive days, employers may request documentation verifying that the use falls within a permitted reason. Employees must provide documentation within 15 days of the employer’s request. The employer is responsible for paying any out-of-pocket costs the employee incurs in obtaining documentation. Employers may not require documentation that describes the nature of the illness or details of any violence.

Confidentiality: Employers must maintain the confidentiality of health, domestic violence, and sexual assault information about the employee or family member.

Recordkeeping: Employers must retain records demonstrating compliance for at least three years.

Source: HB 4002 enrolled text — https://www.legislature.mi.gov/documents/2025-2026/billenrolled/House/pdf/2025-HNB-4002.pdf · Michigan LEO ESTA FAQ — https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/paid-medical-leave-act/frequently-asked-questions–faqs

Retaliation Protections

The ESTA prohibits discharge, threat, demotion, discipline, or other retaliatory personnel action against an employee for requesting or using earned sick time, or for exercising any right under the statute. An employee has three years from the date of an alleged violation to file a complaint with the Michigan LEO Wage and Hour Division. Remedies include back pay, reinstatement, and other damages. The Wage and Hour Division may also impose civil fines and penalties on employers found in violation.

Complaints are filed with the Michigan LEO Wage and Hour Division online at https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/complaint or by submitting the Wage and Hour Division Complaint Form (WHD-9430). Employees also retain a private right of action in civil court under the ESTA.

Source: Michigan LEO — Online Employment Wage Complaint — https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/complaint