07/31/2024
In an opinion released this morning in Mothering Justice v. Attorney General, the Michigan Supreme Court reinstated (effective February 21, 2025) the Earned Sick Time Act, Public Act 338 of 2018.
The Act applies to public employers who employ at least 50 individuals. Notable for members, the Act requires employees be permitted at least three days to provide documentation certifying use of paid medical/sick leave time and permits employees to use at least 40 hours of paid medical/sick leave annually for any of the following reasons:
-Physical or mental illness, injury, or health condition of the employee or his or her family member.
-Medical diagnosis, care, or treatment of the employee or employee’s family member.
-Preventative care of the employee or his or her family member.
-Closure of the employee’s primary workplace by order of a public official due to a public health emergency.
-The care of his or her child whose school or place of care has been closed by order of a public official due to a public health emergency.
-The employee’s or his or her family member’s exposure to a communicable disease that would jeopardize the health of others as determined by health authorities or a health care provider.
Moreover, for domestic violence and/or sexual assault situations, employees may use paid medical/sick leave for any of the following:
-Medical care or psychological or other counseling.
-Receiving services from a victim services organization.
-Relocation and obtaining legal services.
-Participation in civil or criminal proceedings related to or resulting from the domestic violence or sexual assault.
Members should expect, upon the expiration of their collective bargaining agreement, to receive additional information regarding the implications of the Act.
