Michigan Earned Sick Time Act

Michigan's Earned Sick Time Act (ESTA), effective February 21, 2025 (replacing the voided Earned Sick Time Act after the Michigan Supreme Court's July 2024 ruling in Mothering Justice v. Attorney General), requires all employers to provide paid sick time. Employees accrue at least 1 hour of paid leave for every 30 hours worked. Large employers (11 or more employees) must allow use of up to 72 hours per year; small employers (10 or fewer) may cap usage at 40 hours per year. Small employers had until October 1, 2025 to comply. Employers may require new employees to wait 120 calendar days before using accrued time. Employers may frontload the full amount (72 or 40 hours) at the start of the benefit year.

Covered uses include the employee's own mental or physical illness, medical diagnosis, treatment, or preventive care, a family member's health needs, and needs related to domestic violence or sexual assault (including medical care, counseling, relocation, legal services, or related proceedings). Employers may request documentation for absences of more than 3 consecutive days but must pay any out-of-pocket documentation costs.

Michigan does not currently have a comprehensive paid family and medical leave insurance (PFMLI) program. For extended medical leave needs, eligible workers rely on the federal FMLA (12 weeks of unpaid, job-protected leave for employers with 50+ employees).

Michigan provides exceptionally strong disability protections through the Persons with Disabilities Civil Rights Act (PWDCRA), which covers employers with 1 or more employees, one of the broadest thresholds in the nation. The PWDCRA explicitly includes mental health conditions as protected disabilities and requires employers to provide reasonable accommodations. The Michigan Department of Civil Rights (MDCR) investigates discrimination complaints.