1.) What does the Michigan Paid Sick Time law do?
It gives workers paid sick time which can be used:
- To recover from physical/mental illness or injury;
- To seek medical diagnosis, treatment, or preventative care;
- To care for a family member who is ill or needs medical diagnosis, treatment, or preventative care;
- When the worker’s place of business is closed by order of a public official due to a public health emergency or to care for a child whose school or childcare provider has been closed by order of a public official due to a public health emergency;
- To attend meetings at a child’s school or place of care related to the child’s health, disability, or effects of domestic violence or sexual assault;
- To care for themselves or a family member when a public health authority or health care provider determines that the worker or family member’s presence in the community presents a public health risk because of exposure to a communicable disease (regardless of whether the individual has contracted the disease); or
- To address needs that may arise if the worker or a family member is a victim of domestic violence or sexual assault.
2.) Am I covered?
If you work as an employee in Michigan, you may be covered whether you are a full-time, part-time, or temporary worker. However, the law does not cover:
- U.S. government employees;
- Certain railroad employees;
- Someone who works under a policy that allows the worker to schedule their own working hours and prohibits the employer from taking adverse action if the worker does not schedule a minimum number of work hours;
- Unpaid trainees or interns; and
- Certain employees under 18 years of age.
If you work for a small business that did not have any employees prior to February 21, 2022, you may not be covered until 3 years after the date your employer employed their first employee.
If you work under a general contract signed by you and your employer before December 31, 2024 that conflicts with the paid sick time law, is effective for no more than 3 years, and about which your employer has notified the Michigan Department of Labor and Economic Opportunity, you may not be covered until the stated expiration date in the contract.
In addition to these different effective dates above, there may be a delayed effective date if you work under a collective bargaining agreement, depending on when it took effect, whether it conflicts with this law, and its expiration date.
3.) How much paid sick time can I earn?
You earn 1 hour of paid sick time for every 30 hours worked. If you work for an employer with more than 10 employees, you can use up to a maximum of 72 hours of paid sick time per year. If you work for an employer with 10 or fewer employees, you can use up to 40 hours of paid sick time per year.
Note: if you worked for an employer with 50 or more employees before February 21, 2025, you may have had the right to earn paid sick time prior to this date
4.) What if my work or my child’s school or daycare is closed for a health emergency?
You can use your sick time if your work or your child’s school or place of care is closed by order of a public official due to a public health emergency.
5.) Which of my family members are covered by the law?
Under the law, you can take sick time to care for yourself or a spouse, domestic partner, child (biological, adopted or foster child, stepchild or legal ward, a child of your domestic partner, or a child to whom you stand in loco parentis), parent or parent of your spouse or domestic partner, someone who stood in loco parentis when you were a minor child, grandparent, grandchild, sibling, or an individual related to you by blood or whose close association is the equivalent of a family relationship.
6.) What if I already have paid leave or paid time off?
If you already get any paid leave (vacation, paid time off, etc.) that you can use as sick time and it’s at least the same amount you would earn under this law and it can be used for the purposes covered by this law (as well as other purposes), the law does not give you any additional paid time off.
7.) When can I begin using my sick time?
You may use paid sick time as it accrues. However, if you were hired after February 21, 2025, your employer may require you to wait until 120 calendar days after beginning employment before you may use paid sick time.
Note: If you accrued paid sick time under a multiemployer plan pursuant to a CBA while working for a previous employer, your current employer cannot require you to wait 120 days after beginning employment with them before you may use paid sick time if you are covered by the same multiemployer plan.
8.) Do I need a doctor’s note?
Your employer will only be able to require reasonable documentation–such as a doctor’s note–for paid sick time of 3 or more consecutive workdays (and the note does not have to specify your illness). You must provide documentation no more than 15 days after your employer requests it.
If your employer chooses to require documentation for earned sick time, the employer is responsible for paying all of your out-of-pocket expenses in getting the documentation. If you have health insurance, your employer is responsible for paying any costs charged to you by the health care provider for providing the specific documentation required by the employer.
If you are using paid sick time of 3 or more consecutive workdays for “safe time” purposes, related to domestic violence or sexual assault, you may be required to provide one of the following types of documentation of your choice: a police report indicating that you or your family member was the victim of domestic violence or sexual assault; a signed statement from a victim and witness advocate affirming that you or your family member received services from a victim services organization; or a court document showing that you or your family member is involved in legal action related to domestic violence or sexual assault.
The Michigan Department of Labor and Economic Opportunity is in charge of enforcing this law.
All covered workers are protected against being fired or punished for using or requesting sick or safe time. If you have a problem—or want more information—call A Better Balance’s free legal clinic at 1-833-NEED-ABB.
Please note that this fact sheet does not represent an exhaustive overview of the paid sick time law described, and it does not constitute legal advice. It is possible that additional provisions not described in this fact sheet may apply to a worker’s specific circumstances or category of employment.
For the full list of state and local paid sick time laws, visit here.
