Michigan Return to Office Mandate 2026

What is Michigan’s return to office mandate?

Michigan does not have a comprehensive return to office mandate applying to private sector employers. As of December 2025, Michigan’s return to office requirements primarily affect state government employees through budget provisions enacted in Public Act 22 of 2025, Section 226. This budget language directs state departments to develop plans for returning state employees to in-person work, with a goal of approximately 80 percent workplace occupancy within state departments.

Private sector employers in Michigan operate under at-will employment principles, subject to anti-discrimination laws, disability accommodation requirements, and terms of any applicable collective bargaining agreements. Employers may establish their own return to office policies but must comply with state and federal employment laws.

Source: Michigan 2025-26 Fiscal Year Budget, PA 22 of 2025
Additional source: WILX News reporting, October 20, 2025
Available at: www.legislature.mi.gov

Does Michigan’s RTO mandate apply to private employers?

No. Michigan’s return to office policy affects state government employees, not private sector employers. According to Public Act 22 of 2025, Section 226, the budget provision directs state departments to develop plans for returning state employees to in-person work. This provision does NOT create requirements for private sector employers.

Private sector employers in Michigan have discretion to establish their own workplace location policies, subject to compliance with state and federal employment laws including anti-discrimination statutes, disability accommodation requirements, and collective bargaining agreements where applicable.

Key distinction: State employee policies versus private sector employer authority. The budget provision applies only to Michigan state government operations.

Source: Michigan 2025-26 Fiscal Year Budget
Additional source: Office of the State Employer, www.michigan.gov/ose

Can my employer force me back to the office in Michigan?

Generally yes, subject to legal limitations. Michigan recognizes at-will employment, meaning employers may change terms and conditions of employment, including work location, subject to several important exceptions:

Exceptions where employers may NOT force return to office:

First, if you have a disability and remote work is a reasonable accommodation, your employer must engage in an interactive process to consider the accommodation under the Americans with Disabilities Act and Michigan’s Persons with Disabilities Civil Rights Act.

Second, if you have an employment contract specifying remote work arrangements, the employer must honor the contract terms.

Third, if you are covered by a collective bargaining agreement that addresses work location, those terms govern.

Fourth, if requiring return to office would constitute discrimination based on a protected characteristic under the Elliott-Larsen Civil Rights Act or federal law, the requirement would be unlawful.

At-will employment principle: Under Michigan common law and MCL 408.475, employment relationships are generally at-will, allowing either party to terminate the relationship for any lawful reason.

Source: Michigan common law; MCL 37.2202 (Elliott-Larsen); MCL 37.1202 (PWDCRA); 42 U.S.C. § 12101 (ADA)

What are my accommodation rights under Michigan law?

Under Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA), MCL 37.1101 et seq., employers of all sizes must provide reasonable accommodations for qualified individuals with disabilities, unless doing so would cause undue hardship.

Key protections:

According to MCL 37.1202, employers may not discriminate against individuals based on disability that is “unrelated to the individual’s ability to perform the duties of a particular job or position.” This requires employers to consider accommodations that enable employees to perform essential job functions.

Reasonable accommodation may include: Modifications to work environment, adjusted schedules, job restructuring, reassignment, modified equipment or policies, and potentially remote work or telework when the essential functions can be performed remotely without undue hardship.

Interactive process required: Employers must engage in a flexible, interactive process with employees to identify effective accommodations. According to EEOC guidance, this process involves information gathering, exploring options, and selecting an effective accommodation.

Coverage difference: Michigan’s PWDCRA applies to ALL employers regardless of size, while the federal ADA applies to employers with 15 or more employees.

Source: MCL 37.1202
Available at: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-37-1202
EEOC guidance: https://www.eeoc.gov/laws/guidance

How do I file a discrimination complaint in Michigan?

To file an employment discrimination complaint in Michigan, you may file with the Michigan Department of Civil Rights, the U.S. Equal Employment Opportunity Commission, or both.

Filing with Michigan Department of Civil Rights:

Deadline: Within 180 days of the alleged discriminatory act

Methods:

• Online: Complete complaint form at www.michigan.gov/mdcr
• By phone: Call 1-800-482-3604
• Virtual intake: Zoom sessions Mondays 8am-12pm, Wednesdays 1pm-4pm
• By mail: Send to any MDCR office (Lansing, Detroit, or Grand Rapids)
• In person: Visit any MDCR office during business hours

What happens next: MDCR reviews the complaint, and if it falls under protected laws and occurred within 180 days, prepares a formal complaint for signature. Once signed and returned, MDCR conducts an impartial investigation including evidence from both parties.

Filing with EEOC:

Deadline: Within 300 days of the alleged discriminatory act (extended deadline due to Michigan’s worksharing agreement)

Methods:

• Online: File through https://publicportal.eeoc.gov/
• By phone: Call 1-800-669-4000 (TTY: 1-800-669-6820)
• In person: Visit Detroit Field Office at 477 Michigan Avenue, Room 865, Detroit, MI 48226

Dual-filing: When you file with either agency in Michigan, your complaint is automatically dual-filed with the other agency.

Contact information:

• MDCR: 1-800-482-3604, www.michigan.gov/mdcr
• EEOC Detroit: (313) 774-0020, www.eeoc.gov/field-office/detroit

Can I request remote work as a reasonable accommodation?

Yes, remote work or telework may be a reasonable accommodation under the Americans with Disabilities Act and Michigan’s Persons with Disabilities Civil Rights Act, if certain conditions are met.

Requirements for remote work accommodation:

According to EEOC guidance, remote work may be reasonable when: the essential functions of the job can be performed remotely, the accommodation would enable the employee to perform essential job functions, the employer can adequately supervise the employee, and the arrangement does not cause undue hardship to the employer.

Relevant factors: Courts and agencies consider whether the employer previously allowed telework, whether the job was performed remotely during COVID-19, whether technology enables remote performance, the nature of required workplace interactions, and the operational needs of the business.

Important principle: An employer’s general return to office policy does not automatically eliminate the obligation to consider remote work as a reasonable accommodation for qualified individuals with disabilities.

Interactive process: Employers must engage in a flexible, interactive dialogue to explore accommodation options, including remote work, when requested by an employee with a disability.

Medical documentation: Employers may request medical documentation establishing the disability and the need for the requested accommodation, but may only request information necessary to evaluate the request.

Source: EEOC guidance on COVID-19 and ADA
Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

What is Michigan’s Elliott-Larsen Civil Rights Act?

The Elliott-Larsen Civil Rights Act (ELCRA) is Michigan’s comprehensive anti-discrimination law, enacted in 1976 and codified at MCL 37.2101 et seq.

Protected characteristics: According to MCL 37.2202, the Act prohibits employment discrimination based on religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, and marital status. In 2023, the Michigan Legislature amended the Act to add sexual orientation and gender identity or expression as protected classes.

Coverage: The Act applies to employers with one or more employees, making it broader than federal Title VII which requires 15 or more employees.

Prohibited conduct: Employers may not fail or refuse to hire, discharge, or otherwise discriminate with respect to employment, compensation, or terms and conditions of employment because of protected characteristics. Employers also may not limit, segregate, or classify employees in ways that deprive them of employment opportunities.

Enforcement: The Michigan Department of Civil Rights investigates ELCRA violations. Complaints must be filed within 180 days of the alleged discrimination.

Exceptions: The Act does not apply to employment of an individual by their parent, spouse, or child. The Act permits bona fide retirement policies not designed to evade the Act’s purposes.

Source: MCL 37.2202
Available at: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-37-2202
Enacted: 1976, PA 453
Last amended: 2023, PA 6

Where do I file an EEOC complaint in Michigan?

EEOC complaints for Michigan residents are filed with the Detroit Field Office, which is part of the Indianapolis District Office covering Michigan, Indiana, Kentucky, and parts of Ohio.

Contact information:

Address:
U.S. Equal Employment Opportunity Commission
Detroit Field Office
Patrick V. McNamara Building
477 Michigan Avenue, Room 865
Detroit, MI 48226

Phone: (313) 774-0020
Toll-free: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Fax: (313) 226-4610

Office hours: Monday-Friday, 8:15 a.m. – 4:30 p.m. (except federal holidays)

Walk-in hours: Monday, Tuesday, Thursday, Friday, 2:30 p.m. – 3:30 p.m. (for individuals without appointments and urgent matters)

Filing methods:

• Online: File through EEOC Public Portal at https://publicportal.eeoc.gov/ (recommended, available 24/7)
• Phone: Call toll-free numbers above to speak with EEOC representative
• In person: Schedule appointment through Public Portal or visit during walk-in hours
• Mail: Send written inquiry to address above

Appointment scheduling: Use the EEOC Public Portal to schedule telephone, video, or in-person appointments. Individuals with appointments receive priority service.

Deadline: 300 days from the date of alleged discrimination (extended deadline due to Michigan’s worksharing agreement with EEOC)

Source: https://www.eeoc.gov/field-office/detroit

What is at-will employment in Michigan?

At-will employment is the default employment relationship in Michigan, under which either the employer or employee may terminate the employment relationship at any time, for any reason not prohibited by law, without advance notice.

Legal basis: Michigan common law and practice recognize at-will employment. According to MCL 408.475, employers must pay wages earned when an employee “voluntarily leaving employment” or when an employee “has been discharged from employment,” reflecting the at-will principle.

Employer rights: Employers may change terms and conditions of employment, including work location, schedule, duties, and compensation, subject to legal limitations.

Employee rights: Employees may resign at any time without penalty, subject to contractual obligations.

Important exceptions to at-will employment:

According to Michigan law and federal statutes, employers may NOT terminate or take adverse action based on: protected characteristics under Elliott-Larsen Civil Rights Act (race, sex, religion, etc.), disability under Persons with Disabilities Civil Rights Act, retaliation for exercising legal rights, violation of public policy, or breach of implied contract terms (such as employee handbook provisions creating contractual obligations).

Contracts and collective bargaining: Employment contracts and collective bargaining agreements may modify or eliminate at-will employment, substituting “just cause” or other standards for termination.

Probationary periods: Some proposed legislation has addressed probationary periods and “just cause” requirements, but Michigan remains predominantly an at-will employment state.

Practical effect: Employers have significant discretion in managing their workforce, but must comply with anti-discrimination laws, accommodation requirements, and contractual obligations.

Source: Michigan common law; MCL 408.475
Available at: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-408-475

What is the difference between state employee and private sector RTO requirements in Michigan?

Michigan’s return to office requirements differ significantly between state government employees and private sector employees.

State Government Employees:

According to Michigan’s 2025-26 Fiscal Year Budget, Public Act 22 of 2025, Section 226, state departments are directed to develop plans for returning state employees to in-person work with a goal of approximately 80 percent workplace occupancy within state departments.

The Office of the State Employer has established a hybrid policy including in-person, remote, and alternative work arrangements, with individual departments and agencies having authority to assign employees and determine work locations based on operational needs.

State employee work arrangements are subject to: budget directives, Office of the State Employer policies, individual agency determinations, collective bargaining agreements with public employee unions, and Michigan Civil Service Commission rules.

Private Sector Employees:

Private sector employers in Michigan are NOT subject to state return to office mandates. There is no Michigan statute or executive order requiring private employers to bring employees back to physical offices.

Private sector work arrangements are subject to: employer policies and business decisions, at-will employment principles, anti-discrimination laws (Elliott-Larsen Civil Rights Act, Persons with Disabilities Civil Rights Act), federal laws (ADA, Title VII), reasonable accommodation requirements, collective bargaining agreements (where applicable), and employment contract terms.

Key difference: State employees’ work locations are subject to government policy directives and budget provisions, while private sector employees’ work locations are determined by individual employer policies subject to employment law compliance.

Common requirements: Both state and private sector employers must comply with anti-discrimination laws, disability accommodation obligations, and cannot retaliate against employees for exercising legal rights.

Source: Michigan 2025-26 Fiscal Year Budget; Office of the State Employer; MCL 37.2101 et seq.; MCL 37.1101 et seq.

When does Michigan’s state employee return to office requirement take effect?

According to Michigan’s 2025-26 Fiscal Year Budget, Public Act 22 of 2025, Section 226, state departments are directed to develop plans for returning state employees to in-person work with a goal of approximately 80 percent workplace occupancy. The budget provision was enacted in 2025 as part of the fiscal year budget.

Implementation timeline:

According to the Lansing Regional Chamber of Commerce letter to the Office of the State Employer dated October 10, 2025, the Chamber requested “clarification on the state budget’s language about how and when state employees will be transitioned back to working in-person.”

As of December 2025, specific implementation timelines vary by department and agency. Individual state departments have authority to develop and implement their specific return to office plans based on operational needs.

Important notes:

First, this requirement applies only to Michigan state government employees, not private sector employers.

Second, the Office of the State Employer maintains a hybrid policy allowing in-person, remote, and alternative work arrangements, with final decisions made by individual departments based on operational needs.

Third, collective bargaining agreements with public employee unions may affect implementation timelines and requirements for represented employees.

Source: Michigan 2025-26 Fiscal Year Budget, PA 22 of 2025
Additional source: WILX News, October 20, 2025
Official policy: Office of the State Employer, https://www.michigan.gov/ose/

What unions have negotiated exemptions to Michigan’s state employee RTO mandate?

As of December 2025, specific information about union-negotiated exemptions to the state employee return to office directive is not publicly documented in official government sources.

Context:

Michigan state employees are represented by various public employee unions that engage in collective bargaining with the State of Michigan through the Office of the State Employer. Public Act 312 of 1969 and Public Act 336 of 1947 govern public employee labor relations in Michigan.

According to the Office of the State Employer, the hybrid work policy provides that “departments and agencies have the authority to assign and schedule its employees and determine their work location,” subject to operational needs and existing agreements.

Collective bargaining considerations:

Terms and conditions of employment for represented state employees, including work location policies, are subject to collective bargaining. Any changes to these terms typically require negotiation with the relevant unions.

The Michigan Public Employment Relations Act (PERA), MCL 423.201 et seq., requires good faith bargaining over mandatory subjects of bargaining, which may include work location policies.

Where to find information:

For specific information about union agreements regarding return to office policies:

• Contact the Office of the State Employer at (517) 335-0529
• Review collective bargaining agreements available through union websites
• Contact individual unions representing state employees

Note: This information pertains only to Michigan state government employees. Private sector union contracts are negotiated separately and are not subject to state return to office directives.

Source: Office of the State Employer; MCL 423.201 et seq.
Available at: https://www.michigan.gov/ose/

Is there pending RTO legislation in Michigan?

As of December 30, 2025, searches of the Michigan Legislature website do not reveal pending legislation specifically mandating or regulating return to office requirements for private sector employers.

Legislative research conducted:

Website: www.legislature.mi.gov
Date: December 30, 2025
Search terms: “return to office,” “remote work,” “telework mandate,” “workplace location”
Result: No pending legislation identified establishing private sector return to office requirements

Recent legislative activity:

Michigan’s 2025-26 Fiscal Year Budget (Public Act 22 of 2025, Section 226) includes provisions affecting state government employees but does not create requirements for private employers.

In 2021-2022, the Michigan Legislature considered House Bill 5831, titled “Wrongful Discharge from Employment Act,” which would have modified Michigan’s at-will employment doctrine by requiring “just cause” for termination after a probationary period. This bill was introduced but not enacted.

Monitoring legislation:

To monitor potential return to office legislation:

• Visit Michigan Legislature website: www.legislature.mi.gov
• Search current session bills using keywords like “remote work,” “telework,” “flexible work”
• Sign up for bill tracking alerts through the Legislature website
• Check Michigan Department of Labor and Economic Opportunity for regulatory developments: www.michigan.gov/leo

Current framework:

In the absence of specific return to office legislation, private sector employers in Michigan operate under general employment law principles including at-will employment, anti-discrimination statutes, and accommodation requirements.

Source: Michigan Legislature website
Available at: www.legislature.mi.gov

What bills have been proposed regarding remote work in Michigan?

As of December 2025, Michigan has not seen comprehensive legislative proposals specifically addressing remote work requirements or rights for private sector employees. Legislative activity related to work arrangements has been limited primarily to budget provisions affecting state employees.

2025-26 Fiscal Year Budget:

Public Act 22 of 2025, Section 226, includes language directing state departments to develop return to office plans for state employees, but this does not constitute legislation affecting private employers.

Historical proposals:

In 2021-2022, House Bill 5831, the proposed “Wrongful Discharge from Employment Act,” would have modified Michigan’s at-will employment doctrine. The bill included provisions for probationary periods and “just cause” requirements for termination. While not specifically addressing remote work, such legislation could have affected employers’ ability to change work arrangements. The bill was introduced but not enacted.

COVID-19 emergency measures:

During the COVID-19 pandemic, Governor Whitmer issued executive orders addressing workplace safety and sick leave for symptomatic employees, including Executive Order 2020-36. These emergency orders have been rescinded as the pandemic emergency ended.

Legislative monitoring:

For current legislative proposals:

• Michigan Legislature bill search: www.legislature.mi.gov
• Search by keyword: “employment,” “workplace,” “remote work,” “telework”
• Session: 2025-2026 (102nd Legislature)

Regulatory activity:

The Michigan Occupational Safety and Health Administration (MIOSHA) issued emergency rules during COVID-19 addressing remote work feasibility as a workplace safety measure. These emergency rules expired as pandemic conditions changed.

Source: Michigan Legislature; Governor’s Executive Orders
Available at: www.legislature.mi.gov; www.michigan.gov/whitmer

How does Michigan regulate remote work?

Michigan does not have comprehensive regulations specifically governing remote work arrangements for private sector employers. Remote work is generally treated as a matter of employer policy, subject to compliance with general employment laws.

Applicable legal framework:

At-will employment: Employers have discretion to establish work location policies, including requiring in-office work, offering remote work, or implementing hybrid arrangements.

Anti-discrimination laws: Remote work policies must be applied in a non-discriminatory manner. Employers cannot make work location decisions based on protected characteristics under the Elliott-Larsen Civil Rights Act (MCL 37.2101 et seq.) or federal law.

Disability accommodations: Under Michigan’s Persons with Disabilities Civil Rights Act (MCL 37.1101 et seq.) and the federal ADA, employers must consider remote work as a potential reasonable accommodation for qualified individuals with disabilities, unless it would cause undue hardship.

Workers’ compensation: According to the Michigan Bureau of Worker’s and Unemployment Compensation, employees injured while working remotely may be covered by workers’ compensation, depending on the circumstances of the injury and its relationship to employment duties.

Wage and hour: Remote workers are entitled to minimum wage and overtime protections under Michigan’s Improved Workforce Opportunity Wage Act (MCL 408.934) and the federal Fair Labor Standards Act.

Unemployment insurance: The Michigan Employment Security Act (MCL 421.1 et seq.) applies to remote workers. Voluntarily leaving employment due to a change in work location may affect unemployment eligibility depending on the circumstances.

Occupational safety: During COVID-19, MIOSHA issued emergency rules requiring employers to evaluate remote work feasibility for workplace safety. These emergency rules have expired.

State employee regulations: For Michigan state government employees, the Office of the State Employer establishes policies, including hybrid work arrangements subject to departmental operational needs.

Source: MCL 37.2101 et seq.; MCL 37.1101 et seq.; MCL 421.1 et seq.; Office of the State Employer