Michigan Paid Medical Leave Act: Employer Compliance

Michigan Paid Medical Leave Overview

The Michigan Paid Medical Leave Act (PMLA), effective March 29, 2019, requires employers with 50 or more employees to provide paid medical leave. Eligible employees accrue one hour of paid medical leave for every 35 hours worked, up to a maximum of 40 hours per benefit year. The law replaced a citizen-initiated ballot proposal with a legislative alternative that narrowed the original measure's scope.

The PMLA applies only to employees who work at least 25 hours per week on a normal basis and are not exempt under the law's various exclusions. Exempt employees include those covered by a collective bargaining agreement, variable-hour employees, and temporary employees placed by staffing agencies.

Accrual and Usage Rules

Employees begin accruing paid medical leave upon hire but may not use it until they have been employed for at least 90 days. Employers may frontload the full 40 hours at the beginning of the benefit year rather than using an accrual system. If an employer frontloads, unused leave does not carry over to the next benefit year.

Under the accrual method, employers must allow employees to carry over up to 40 hours of unused leave to the following year but may cap total usage at 40 hours per year. Employers are not required to pay out unused accrued leave upon termination.

Permitted Uses and Documentation

Employees may use paid medical leave for their own or a family member's mental or physical illness, injury, or health condition, including diagnosis, care, treatment, or preventive care. Leave is also available for domestic violence or sexual assault situations and for workplace or school closures due to public health emergencies.

For absences exceeding three consecutive days, employers may require documentation, such as a healthcare provider's note, that the leave was used for a covered purpose. Employers may not require disclosure of specific medical details. Employees must make a good faith effort to schedule foreseeable leave in a manner that does not unduly disrupt the employer's operations.

Employer Notice and Recordkeeping

Employers must display a poster provided by the Michigan Department of Labor and Economic Opportunity summarizing employee rights under the PMLA. Employers must maintain records of hours worked and paid medical leave accrued and used for each employee for at least three years. Failure to maintain adequate records creates a presumption in favor of the employee in any dispute.

Employers may not retaliate against employees for requesting or using paid medical leave. Retaliation includes discipline, termination, demotion, and any other adverse action taken because an employee exercises their rights under the law.

Integration With Other Leave Policies

Employers with existing paid time off policies that meet or exceed the PMLA's requirements are considered in compliance. The existing policy must provide at least 40 hours of paid leave per year that can be used for the same purposes as paid medical leave. Employers should review their PTO policies carefully to ensure they meet all PMLA requirements, including accrual rates, carryover rules, and permitted uses.