Michigan’s new Earned Sick Time Act (ESTA) will take effect on February 21, 2025. This law replaces the previous Paid Medical Leave Act and significantly expands employees’ rights to take paid sick leave. The ESTA applies to nearly every employer in Michigan except the U.S. government and covers most employees, including full-time, part-time, and seasonal workers.
How ESTA applies to parents and caregivers
ESTA provides essential protections for employees who are parents or caregivers. Parents can use earned sick time to care for their children when they are sick or need medical attention. Caregivers can also use this time to look after other family members who require care. This ensures that employees do not have to choose between their jobs and their family’s health.
Six eligible reasons for using earned sick time
Under the ESTA, employees can use earned sick time in several circumstances:
- Personal illness or injury: Employees can take time off for their own physical or mental illness, injury, or health condition. It includes medical diagnosis, care, or treatment.
- Family member’s illness or injury: Employees can use sick time to care for a family member with a physical or mental illness, injury or health condition. It also includes medical diagnosis, care or treatment for the family member.
- Preventive care: Sick time can be for preventive medical care for the employee or their family members.
- Public health emergencies: If a public official closes the employee’s workplace or their child’s school or place of care due to a public health emergency, employees can use earned sick time.
- Domestic violence or sexual assault: Employees can use sick time if they or their family members are victims of domestic violence or sexual assault. It includes time for medical care, counseling, legal services, or relocation.
- School meetings: Employees can use sick time to attend meetings at their child’s school related to the child’s health or disability.
Who qualifies as a “family member”?
Michigan’s ESTA defines “family member” broadly to include:
- A biological, adopted or foster child, stepchild or legal ward
- A biological, adoptive or foster parent, stepparent or legal guardian
- A spouse or domestic partner
- A grandparent or grandchild
- A sibling
- Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship
How much sick time is there?
Parents and caregivers should be aware that the ESTA allows all sick time hours to be frontloaded at the start of the year. Employers with fewer than 10 employees must provide up to 40 hours of paid sick time and an additional 32 hours of unpaid sick time per year. Employers with 10 or more employees must provide up to 72 hours of paid sick time annually. Unused sick time can carry over to the next year, but employers may limit sick time to 72 hours per year. Employees can start using their accrued sick time after 120 days of employment.
Do you still have questions?
By understanding these provisions, parents and caregivers can better manage their work and family responsibilities, ensuring they have the time to care for their loved ones without risking their employment. Those with questions can contact an employment law attorney to learn more.