State lawmakers updated Michigan’s Earned Sick Time Act through legislation that took effect in early 2025, changing sick-time requirements for many employers and employees. Understanding these rules can help workers know how much sick time they may use, when they can use it and what they can do when an employer fails to follow the law.
Know what you earn
Most Michigan employees build paid leave as they work. Generally, completing 30 hours on the job adds one hour of sick leave to an employee’s balance. The law also covers part-time employees. Employers with more than 10 employees may cap yearly sick time use at 72 hours. Small businesses with 10 or fewer employees may limit annual use to 40 hours. Certain small businesses may follow different compliance dates.
Employees can use available sick leave when they are sick, need medical care or have other qualifying health needs. They can also use it to attend to a relative’s health needs or address certain needs arising from domestic abuse or sexual violence. When an employee takes sick leave for more than three consecutive days, the employer may ask for appropriate records showing a permitted reason for the leave.
Employees also need to follow their employer’s procedures for requesting leave. When workers can anticipate the need for sick time, they should inform their employer beforehand according to the company’s reasonable notice policy. When the need arises unexpectedly, workers should inform their employer when circumstances reasonably allow them to do so.
Spot a violation
Once employees understand these protections, they can more easily identify practices that may violate the law. An employer may violate the law by:
- Preventing employees from building or using sick leave: Employers generally must allow eligible employees to accumulate and take sick leave according to Michigan’s requirements.
- Penalizing employees for protected sick time: Employers generally cannot treat properly used sick leave as a missed workday that triggers disciplinary action.
- Failing to provide required notice: Employers must inform workers about the sick time protections and requirements that apply to them.
Employers also may not punish workers for exercising protections provided by the Earned Sick Time Act. For example, an employer cannot fire, discipline or take other adverse action against a worker for properly using sick leave or raising concerns about compliance.
Protect your rights
When an employer appears to disregard these requirements, employees can take several steps to document the issue and seek a resolution:
- Keep detailed records: Track your hours, available sick leave, leave requests and written communications with your employer.
- Request a correction in writing: Explain the issue to your employer and keep a copy of the request and any response.
- File an administrative complaint: If the employer does not resolve the issue, you may use Michigan’s state process for reporting workplace wage-and-hour violations. Employees generally have three years after an alleged violation to file a complaint.
Finally, consider seeking legal guidance if you are unsure whether your employer violated the law or retaliated against you. An employment attorney can review the circumstances, explain how Michigan’s sick-time requirements apply and help you understand your options for addressing a possible violation.