SB-1175, As Passed Senate, November 28, 2018
SENATE BILL NO. 1175
A bill to amend 2018 PA 338, entitled
"Earned sick time act,"
by amending the title and sections 1, 2, 3, 4, 5, 7, 8, 10, 11, and
14 (MCL 408.961, 408.962, 408.963, 408.964, 408.965, 408.967,
408.968, 408.970, 408.971, and 408.974); and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
initiation of legislation act
to require certain employers
workers certain employees with the right to earn sick
paid medical leave for personal or family health needs, as
well as purposes related to domestic violence and sexual assault;
school meetings needed as the result of a child's disability,
issues or issues due to domestic violence and sexual
to specify the conditions for
accruing and using earned
time; to prohibit retaliation against an employee for
exercising, or enforcing rights granted in this act;
paid medical leave; to prescribe powers and duties of certain state
agencies, and officers;
to provide for promulgation of
and to provide remedies and
Sec. 1. This act shall be known and may be cited as the
sick time act"."paid
medical leave act".
Sec. 2. As used in this act:
(a) "Benefit year" means any consecutive 12-month period used
by an employer to calculate an eligible employee's benefits.
"Department" means the
department of licensing and
"Director" means the
director of the department of
and regulatory affairs or his or
her the director's
"Domestic partner" means an adult in a committed
with another adult, including both same-sex and
relationships. "Committed relationship" means one in
the employee and another individual share responsibility for
significant measure of each other's common welfare, such as any
between individuals of the same or different sex that
granted legal recognition by a state, political subdivision, or
District of Columbia as a marriage or analogous relationship,
but not limited to, a civil union.
has the same meaning means that term
provided defined in section 1 of 1978 PA 389, MCL 400.1501.
"Earned sick time" means time off from work that is
by an employer to an employee, whether paid or unpaid,
can be used for the purposes described in subsection (1) of
4 of this act.
means an individual
in service to an employer in the business of the employer,
that employee does not include an individual employed by the
States government.that term
as defined in section 101 of the
family and medical leave act, 29 USC 2611, and from whom an
employer is required to withhold for federal income tax purposes.
Eligible employee does not include any of the following:
(i) An individual who is exempt from overtime requirements
under section 13(a)(1) of the fair labor standards act, 29 USC
(ii) An individual who is not employed by a public agency, as
that term is defined in section 3 of the fair labor standards act,
29 USC 203, and who is covered by a collective bargaining agreement
that is in effect.
(iii) An individual employed by the United States government,
another state, or a political subdivision of another state.
(iv) An individual employed by an air carrier as a flight deck
or cabin crew member that is subject to title II of the railway
labor act, 45 USC 151 to 188.
(v) An employee as described in section 201 of the railway
labor act, 45 USC 181.
(vi) An employee as defined in section 1 of the railroad
unemployment insurance act, 45 USC 351.
(vii) An individual whose primary work location is not in this
(viii) An individual whose minimum hourly wage rate is
determined under section 4b of the improved workforce opportunity
wage act, 2018 PA 337, MCL 408.934b.
(ix) An individual described in section 29(1)(l) of the
Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.29.
"Employer" means any
person, firm, business,
institution, nonprofit agency, corporation, limited
company, government entity, or other entity that employs
or more individuals, except that employer does not include the
States government.that term
as defined in section 101 of the
family and medical leave act, 29 USC 2611. Employer does not
include the United States government, another state, or a political
subdivision of another state.
"Family member" includes
all of the following:
(i) A biological, adopted or foster child, stepchild or legal
a child of a domestic partner, or a child to whom the
eligible employee stands in loco parentis.
(ii) A biological parent, foster parent, stepparent, or
adoptive parent or a legal guardian of an eligible employee or an
partner or a person an
individual who stood in loco parentis when the eligible employee
was a minor child.
A person An individual to whom the eligible employee
married under the laws of any state.
or a domestic partner.
(iv) A grandparent.
(v) A grandchild.
(vi) A biological, foster, or adopted sibling.
( vii ) Any other individual related by blood or affinity
association with the employee is the equivalent of a family
"Health care professional"
provider" means any of the
following:that term as defined in section 101 of the
medical leave act, 29 USC 2611.
( i ) Any person licensed under federal law or the law
to provide health care services, including, but not limited
nurses, doctors, and emergency room personnel.
( ii ) A certified midwife.
"Retaliatory personnel action" means any of the following:
( i ) Denial of any right guaranteed under this act.
( ii ) A threat, discharge, suspension, demotion,
or other adverse action against an employee or former
for exercise of a right guaranteed under this act.
( iii ) Sanctions against an employee who is a recipient of
benefits for exercise of a right guaranteed under this act.
( iv ) Interference with, or punishment for, an
in any manner in an investigation, proceeding, or
under this act.
(i) "Paid medical leave" means time off from work that is
provided by an employer to an eligible employee that can be used
for the purposes described in section 4(1).
"Sexual assault" means
any act that constitutes a violation
of violates section 520b, 520c, 520d, 520e, 520f, or 520g
of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c,
750.520f, and 750.520g.
( l ) "Small business" means an employer for
which fewer than 10
work for compensation during a given week. In
the number of individuals performing work for
during a given week, all individuals performing work
compensation on a full-time, part-time, or temporary basis
be counted, including individuals made available to work
the services of a temporary services or staffing agency or
entity. An employer is not a small business if it
10 or more employees on its payroll during any 20 or
calendar workweeks in either the current or the preceding
Each An employer shall provide earned sick time
paid medical leave to each of the employer's eligible employees in
Employees of a small business shall accrue a minimum of
hour of earned sick time for every 30 hours worked but shall
be entitled to use more than 40 hours of paid earned sick time
a year unless the employer selects a higher limit. If an
of a small business accrues more than 40 hours of earned
time in a calendar year, the employee shall be entitled to use
additional 32 hours of unpaid earned sick time in that year,
the employer selects a higher limit. Employees of a small
must be entitled to use paid earned sick time before using
earned sick time.
All other employees shall Except
as otherwise provided
subsection (3), an eligible employee must accrue
a minimum paid
leave at a rate of at least one
hour of paid
medical leave for every 30 40 hours worked. but
be entitled to use required to allow an eligible
to accrue more than
72 1 hour of paid medical leave in a
calendar week. An employer may limit an eligible employee's accrual
paid medical leave to not less than 36 hours
of paid earned sick
per benefit year. ,
unless the employer selects a higher
limit.An employer is not required to allow an
eligible employee to
carry over more than 36 hours of unused accrued paid medical leave
from one benefit year to another benefit year. An employer is not
required to allow an eligible employee to use more than 36 hours of
paid family medical leave in a single benefit year.
(3) As an alternative to subsection (2), an employer may
provide at least 36 hours of paid medical leave to an eligible
employee at the beginning of a benefit year or on the date the
individual becomes an eligible employee. If an employer elects to
provide paid medical leave to an eligible employee pursuant to this
subsection, the employer is not required to allow the eligible
employee to carry over any of that paid medical leave to another
Earned sick time shall carry over from year to year, but a
business is not required to permit an employee to use more
40 hours of paid earned sick time and 32 hours of unpaid
sick time in a single year, and other employers are not
to permit an employee to use more than 72 hours of paid earned
sick time in a single year.
Earned sick time as provided in this section shall begin
accrue on the effective date of this law, or upon commencement
the employee's employment, whichever is later. An employee may
accrued earned sick time as it is accrued, except that an
may require an employee hired after April 1, 2019, to wait
the ninetieth calendar day after commencing employment before
accrued earned sick time.
For purposes of subsection (1), "year" shall mean a
and consecutive twelve-month period, as determined by an
For purposes of earned sick time accrual under this act,
employee who is exempt from overtime requirements under section
of the Fair Labor Standards Act, 29 USC 213(a)(1), is
to work 40 hours in each workweek unless the employee's
work week is less than 40 hours, in which case earned sick
accrues based upon that normal workweek.
An There is a rebuttable
presumption that an employer
than an small business is in
compliance with this section act
the employer provides
any paid leave in at least the same
as that provided under this act that may be used for the
purposes and under the same conditions provided in this act
that is accrued at a rate equal to or greater than the rate
in subsections (1) and (2). An employer that is a small
is in compliance with this section if the employer
paid leave in at least the same amounts as that provided
this act that may be used for the same purposes and under the same
conditions provided in this act and that is accrued at a rate
to or greater than the rate described in subsections (1) and
provided further that that employees of the small business are
to use paid earned sick time before using unpaid earned
time. For purposes of this subsection, "paid leave" includes
is not limited to paid vacation days, personal days, and paid
off.36 hours of paid leave to
an eligible employee each
An employer shall pay each eligible employee
earned sick time medical
leave at a pay rate equal to the
greater of either the normal hourly wage or base wage for that
eligible employee or the applicable minimum wage rate established
the improved workforce opportunity wage act,
2014 PA 138, MCL
to 408.424, but not less than the minimum wage rate
in section 4 of the workforce opportunity wage act,
PA 138, MCL 408.414. For any employee whose hourly wage
depending on the work performed, the "normal hourly wage"
the average hourly wage of the employee in the pay period
prior to the pay period in which the employee used paid
An employer shall not require an employee to search for or
a replacement worker as a condition for using earned sick
time.2018 PA 337, MCL 408.931 to 408.945. An
employer is not
required to include overtime pay, holiday pay, bonuses,
commissions, supplemental pay, piece-rate pay, or gratuities in the
calculation of an eligible employee's normal hourly wage or base
(6) As used in this section:
(a) "Hours worked" does not include, unless otherwise included
by an employer, hours taken off from work by an eligible employee
for paid leave.
(b) "Paid leave" includes, but is not limited to, paid
vacation days, paid personal days, and paid time off.
4. (1) An employer shall
the earned sick time paid
medical leave accrued
under section 3 for any of the following:
(a) The eligible employee's mental or physical illness,
injury, or health condition; medical diagnosis, care, or treatment
of the eligible employee's mental or physical illness, injury, or
health condition; or preventative medical care for the eligible
For the The eligible employee's family member's mental or
physical illness, injury, or health condition; medical diagnosis,
care, or treatment of the eligible employee's family member's
mental or physical illness, injury, or health condition; or
preventative medical care for a family member of the eligible
If the eligible employee
of or the eligible employee's
family member is a victim of domestic violence or sexual assault,
the medical care or psychological or other counseling
physical or psychological injury or disability; to obtain services
from a victim services organization; to relocate due to domestic
violence or sexual assault; to obtain legal services; or to
participate in any civil or criminal proceedings related to or
resulting from the domestic violence or sexual assault.
For meetings at a child's school or place of care related
the child's health or disability, or the effects of domestic
or sexual assault on the child; or
For closure of the eligible employee's
primary workplace by order of a public official due to a
public health emergency; for an eligible employee's need to care
for a child whose school or place of care has been closed by order
a public official due to a public health emergency; or
it has been determined by the health authorities having
jurisdiction or by a health care provider that the eligible
employee's or eligible employee's family member's presence in the
community would jeopardize the health of others because of the
eligible employee's or family member's exposure to a communicable
disease, whether or not the eligible employee or family member has
actually contracted the communicable disease.
If the employee's need to use earned sick time is
an employer may require advance notice, not to exceed
days prior to the date the earned sick time is to begin, of the
to use the earned sick time. If the employee's need for
earned sick time is not foreseeable, an employer may require
employee to give notice of the intention as soon as
practicable.An eligible employee shall, when requesting to
medical leave, comply with his or her employer's usual and
customary notice, procedural, and documentation requirements for
requesting leave. This act does not prohibit an employer from
disciplining or discharging an eligible employee for failing to
comply with the employer's usual and customary notice, procedural,
and documentation requirements for requesting leave.
Earned sick time may Paid
medical leave must be used in
smaller of hourly 1-hour increments or the smallest increment
the employer's payroll system uses to account for absences or
of other time.unless the
employer has a different increment
policy and the policy is in writing in an employee handbook or
other employee benefits document.
For earned sick time of more than 3 consecutive days, an
may require reasonable documentation that the earned sick
has been used for a purpose described in subsection (1). Upon
employer's request, the employee must provide the documentation
the employer in a timely manner. The employer shall not delay
commencement of earned sick time on the basis that the employer
not yet received documentation. Documentation signed by a
care professional indicating that earned sick time is
is reasonable documentation for purposes of this
In cases An employer may
require an eligible employee
who is using paid medical leave because of domestic violence or
, one of the to provide documentation that the paid
medical leave has been used for that purpose. The following types
documentation selected by the employee shall be considered
documentation are satisfactory for purposes of this
a A police report indicating
that the eligible employee or
the eligible employee's family member was a victim of domestic
or sexual assault.
a A signed statement from a
victim and witness advocate
affirming that the eligible employee or eligible employee's family
is receiving services from a victim services organization.
a A court document indicating
that the eligible employee
or eligible employee's family member is involved in legal action
to domestic violence or sexual assault.
An employer shall
require that the documentation explain the nature of the
or the details of the violence. If an employer chooses to
documentation for earned sick time, the employer is
for paying all out-of-pocket expenses the employee
in obtaining the documentation. If the employee does have
insurance, the employer is responsible for paying any costs
to the employee by the health care provider for providing
specific documentation required by the employer.
(5) An employer shall not require that the documentation
provided under subsection (4) explain the details of the violence.
An employer shall not require disclosure of details relating to
domestic violence or sexual assault or the details of an eligible
employee's or an eligible employee's family member's medical
as a condition of providing
earned sick time paid medical
leave under this act. If an employer possesses health information
or information pertaining to domestic violence or sexual assault
about an eligible employee or eligible employee's family member,
the employer shall treat that information as confidential and shall
not disclose that information except to the affected eligible
employee or with the permission of the affected eligible employee.
This act does not require an employer to provide
time paid medical leave for any purposes other than as
described in this section.
Sec. 5. (1) If an eligible employee is transferred to a
separate division, entity, or location, but remains employed by the
employer, the eligible employee
shall retain retains all
sick time paid medical leave that was accrued at the prior
entity, or location and may use
all the accrued earned
time as provided in paid
medical leave pursuant to section 4.
If an eligible employee separates from employment and is rehired by
within 6 months of the separation, the
reinstate previously accrued, is
not required to allow the
employee to retain any unused
sick time and shall
the reinstated employee to use that earned sick time and
additional earned sick time upon reinstatement.paid medical
leave that the eligible employee previously accumulated while
working for the employer.
If a different employer succeeds or takes the place of an
employer, the successor employer assumes the
for the earned sick time rights that employees who
employed by the successor employer accrued under the
employer. Those employees are entitled to use earned sick
previously accrued on the terms provided in this act.
This act does not require an
employer to provide
financial or other reimbursement to an eligible employee for
earned sick time paid
medical leave that was not used upon
employee's end of a benefit year or before the eligible
employee's termination, resignation, retirement, or other
separation from employment.
Sec. 7. (1) If an employer violates this act, the eligible
affected by the violation, at any time within
3 years 6
after the violation
or the date when
the employee knew of
violation, whichever is later, may do any of the following:
Bring a civil action for appropriate relief, including,
not limited to, payment for used earned sick time; rehiring or
to the employee's previous job; payment of back
reestablishment of employee benefits to which the employee
would have been eligible if the employee had not been
to retaliatory personnel action or discrimination; and an
additional amount as liquidated damages together with costs
reasonable attorney fees as the court allows.
File may file a claim with the department. ,
the claim. Filing a claim with the department is
a prerequisite nor a bar to bringing a civil action.
(a) The director shall enforce the provisions of this act.
effectuating such enforcement, the The
director shall establish
a system utilizing multiple means of communication to receive
complaints regarding non-compliance with this act and investigate
complaints received by the department in a timely manner.
Any person alleging a violation of this chapter shall have
right to file a complaint with the department. The department
encourage reporting pursuant to this subsection by keeping
to the maximum extent permitted by applicable laws,
name and other identifying information of the employee or person
reporting the violation, provided, however, that with the
of such person, the department may disclose his or
name and identifying information as necessary to enforce this
or for other appropriate purposes.
Upon receiving a complaint alleging
a violation of
chapter, act, the department shall investigate such the
complaint and attempt to resolve it through mediation between the
complainant and the subject of the complaint, or other means. The
department shall keep complainants notified regarding the status of
their complaint and any resultant investigation. If the department
determines that a violation has occurred, it shall issue
the offending person
or entity a notice of violation and the
required of the offending person.
or entity. The department
prescribe the form and wording of
such notices of violation,
any which must include the method of appealing the
determination of the department.
The department shall have the
power to may impose
to grant an eligible employee or former eligible
all appropriate relief including but not limited to
earned sick time paid
medical leave improperly
any and all damages incurred by the complainant as the
of violation of this act, back pay and reinstatement in the
of job loss.
If the director determines that there is reasonable cause
believe that an employer violated this act and the department is
unable to obtain voluntary compliance by the employer
a reasonable time, the department shall bring a civil action as
provided in subsection (1)(a) on behalf of the employee. The
may investigate and file a civil action under subsection
on behalf of all employees that employer who are similarly
at the same work site and who have not brought a civil
under subsection (1)(a). A contract or agreement between the
and the employee or any acceptance by the employee of a
or unpaid leave policy that provides fewer rights or benefits
provided by this act is void and unenforceable.
In addition to liability for civil remedies described
this section, an An employer who that fails to provide earned
time paid medical leave in violation of this act or takes
personnel action against an employee or former employee
a civil an
administrative fine of not more than
An employer that willfully violates
a notice or the
requirement of section 8 is subject to
a civil an
administrative fine of not more than $100.00 for each separate
8. (1) An employer
subject to this act shall provide
notice to each employee at the time of hiring or by April
2019, whichever is later, including, but not limited to, display
a poster at the employer's place of business, in a conspicuous
place that is accessible to eligible employees, that contains all
of the following information:
The amount of
earned sick time paid
medical leave required
to be provided to an eligible employee under this act.
The employer's choice of how to calculate a "year" according
to subsection 3 of section 3.
The terms under which earned
sick time paid medical
leave may be used.
That retaliatory personnel action by the employer against
employee for requesting or using earned sick time for which the
is eligible is prohibited.
The eligible employee's right to
bring a civil action
file a complaint with the
department for any violation of this
The notice required under subsection (1) shall be in
Spanish, and any language that is the first language
by at least 10% of the employer's workforce, as long as the
has translated the notice into such language.
An employer shall display a poster at the employer's place
business, in a conspicuous place that is accessible to
that contains the information in subsection (1). The
displayed should be in English, Spanish, and any language
is the first language spoken by at least 10% of the employer's
as long as the department has translated the poster into
The department shall create and
make available to
and at no cost, posters that contain the
information required under subsection (1) for employers' use in
with this section.
The department shall provide such
and posters in English, Spanish, and any other languages
appropriate by the department.
10. An employer shall retain for not less than
3 years 1
records documenting the hours worked
earned sick time paid
medical leave taken by eligible employees. To monitor compliance
with the requirements of this act, an employer shall allow the
department access to those records, with appropriate notice and at
mutually agreeable time.
If a question arises as to whether an
has violated an employee's right to earned sick time under
act and the employer does not maintain or retain adequate
documenting the hours worked and earned sick time taken by
employee or does not allow the department reasonable access to
records, there is a presumption that the employer has
the act, which can be rebutted only by clear and
(1) This act provides minimum requirements pertaining
earned sick time and shall not be construed to preempt, limit,
otherwise affect the applicability of any other law, regulation,
policy, or standard, including a collective bargaining
that provides for greater accrual or use of time off,
paid or unpaid, or that extends other protections to
This act does not do any of the
Prohibit an employer from providing more
earned sick time
paid medical leave than is required under this act.
(b) Diminish any other rights provided to any eligible
employee under a collective bargaining agreement.
(c) Subject to section 12, preempt or override the terms of
any collective bargaining agreement in effect prior to the
effective date of this act.
(d) Prohibit an employer from establishing a policy that
an eligible employee to donate unused accrued
paid medical leave to another eligible
Sec. 14. If any portion of this act or the application thereof
to any person or circumstances shall be found to be invalid by a
court, such invalidity shall not affect, impair, or invalidate the
other portions or applications of the act that can be given effect
without the invalid portion or application, and to this end the
provisions of this act are declared to be severable. If a federal
paid medical leave mandate is enacted, this act does not apply as
of the effective date of the mandate.
Enacting section 1. Sections 6, 9, and 13 of 2018 PA 338, MCL
408.966, 408.969, and 408.973, are repealed.