Michigan’s rules about paid time off when you’re sick changed in 2025 in a big way. Starting February 21, 2025, the Earned Sick Time Act (ESTA) took effect, replacing the older Paid Medical Leave Act. This was a significant expansion of worker protections—and if you work in Michigan, you should have felt the change. As we move into 2026, if you didn’t use your accrued time, Michigan law says it MUST CARRY OVER into 2026.
This guide is for Michigan employees who want to understand their rights under the most recent paid sick time law. Understanding these changes is crucial for protecting your job and health.
Key Takeaways for 2026
- Starting last February, 2025, nearly every Michigan employee—including part-time, temporary, and remote workers based in Michigan—started earning paid sick time at the rate of one hour for every 30 hours worked under the new sick time act.
- Under the Michigan Earned Sick Time Act, all employers in Michigan, regardless of size, are required to provide paid sick leave to their employees.
- Employee eligibility: Beginning February 21, 2025, all Michigan employees are eligible for paid sick leave, except for those employed by the United States government.
- Most workers at larger employers can use up to 72 hours of paid sick time per benefit year, while employees at very small businesses will have at least 40 hours paid plus additional unpaid leave available.
- You can use Michigan earned sick time for your own health needs, to care for a family member’s mental or physical illness, for matters related to domestic violence or sexual assault, and for your child’s health or disability, including certain meetings at your child’s school related to their health condition.
- Employers cannot legally take any retaliatory personnel action against you—like firing, demoting, or cutting your hours—for using your earned sick time.
- If you have unused sick time, the hours legally carry over into this year.
Overview: Michigan Paid Sick Time in 2024 vs. 2025
Michigan shifted from one sick leave law to another, and the change matters. On February 21, 2025, the earned sick time act took over after a Michigan Supreme Court decision found problems with how the legislature handled the original voter-approved law back in 2018.
Here’s how the two laws compare:
| Feature | PMLA (Through Feb 20, 2025) | ESTA (Started Feb 21, 2025) |
|---|---|---|
| Employers covered | Only those with 50+ employees | Nearly all employers with at least 1 Michigan employee |
| Employees covered | Mostly non-exempt workers, 25+ hours/week | Almost all employees, including part-time |
| Accrual rate | 1 hour per 35 hours worked | 1 hour per 30 hours worked |
| Annual usage cap | 40 hours | 72 hours (large employers) or 40 paid + 32 unpaid (small employers) |
| Reasons for use | Limited health reasons | Expanded to include family care, domestic violence, and more |
| The Michigan Supreme Court’s Mothering Justice decision in 2024 is why this is happened. The Court ruled that the Michigan legislature’s 2018 strategy of adopting a voter initiative and then immediately weakening it was unconstitutional. The Michigan legislature plays a central role in enacting and amending paid sick leave laws, and both legislative actions and court decisions have shaped the scope and implementation of the Michigan Earned Sick Time Act (ESTA). That decision brought the more generous original version of ESTA back to life. |
This article is written from Punchwork Law’s perspective, focused on workers’ rights—not HR checklists or employer compliance guides. Our goal is to help employees understand what these legal changes mean for everyday life at work.
Who Is Covered by Michigan’s Earned Sick Time Act?
The sick time act ESTA is much broader than the old law. If you work in Michigan, there’s a very good chance you’re now covered—even if you were left out before.
Covered Employers
- Any business or organization with at least one employee physically working in Michigan
- This includes multi-state companies and employers with remote workers based in Michigan
- Size doesn’t matter—a company with 500 employees and a company with 3 employees are both covered
The Main Exception
The U.S. federal government is not covered by ESTA. However, state and local Michigan public employers are covered, so if you work for a city, county, or state agency, you’re protected. Beginning February 21, 2025, all Michigan employees will be eligible for paid sick leave, except for those employed by the United States government.
Covered Employees
Michigan employees covered under ESTA include:
- Full-time workers
- Part-time workers
- Temporary and seasonal workers (with some rehire rules)
- Salaried employees exempt under the Fair Labor Standards Act
- Remote employees whose primary work location is in Michigan
Employee eligibility for paid sick leave under ESTA is broad, but there are specific legal requirements and exclusions. Earned sick time employees are those who meet these eligibility criteria and accrue sick time under the law.
Who Is Excluded?
ESTA specifically excludes:
- U.S. government employees
- Unpaid trainees or interns
- Youth workers covered under the Youth Employment Standards Act
- Independent contractors who set their own schedules
Understanding Small Business Definitions
Small employers are generally those with fewer employees than 10 during 20 or more workweeks in the current or prior calendar year. When counting employees, businesses must include part-time and temporary workers across all locations—not just Michigan.
Two Quick Examples
- National company, few Michigan workers: A 60-employee company headquartered in Ohio has 3 remote workers based in Michigan. Those Michigan employees are covered by ESTA, and the company counts as a large employer (10+ employees).
- Small local café: A 5-person coffee shop in Grand Rapids is also covered, but as a small employer. Their workers get at least 40 hours of paid leave plus 32 hours of unpaid sick time per year.
How Michigan Paid Sick Time Accrues Under ESTA
Accrual is how you earn your sick time—and the rules changed February 21, 2025. Understanding accrual helps you know exactly how many hours you’re building up, and if you came into 2026 with accrued hours already, how far they go.
The New Accrual Rate
Earned sick time employees accrue one hour of paid earned sick time for every 30 hours worked. This started on the February 21, 2025, or your first day of work. If you were already employed before that date, your clock started February 21.
What Counts as Hours Worked
All hours you’re on the clock count, including overtime hours. For exempt salaried employees who work full-time, the law generally presumes 40 hours per week unless your normal schedule is actually less.
No Cap on Accrual (But There’s a Cap on Use)
Here’s something important: under the new law, there is no cap on the accrual of paid sick leave for most employers, but small businesses can cap accrual at 40 hours. However, other employers can cap how many hours you can actually use:
- Large employers (10+ employees): Can limit use to 72 hours per year
- Small employers (fewer than 10 employees): Can limit paid use to 40 hours per year
Usage Increments
The increments in which you can use your sick time are determined by the employer’s payroll system’s smallest unit of measurement. This ensures that the use of leave time aligns with the employer’s payroll practices and complies with leave policies.
Frontloading Option
Some employers choose to “frontload” sick time—giving you a full year’s worth at the beginning of the benefit year instead of tracking hour-by-hour accrual. This is legal, but the employer must still follow ESTA rules about usage and must provide written notice explaining their policy.
A Concrete Example
A retail worker who works 30 hours per week starting in March 2025 earned about 1 hour of paid sick time per week. By the end of June (roughly 17 weeks later), they would have accrued about 17 hours of earned sick time incrementally. That’s time they can use if they get sick, need preventative medical care, or need to care for a family member.
How Much Paid Sick Time You Can Use Each Year
If you didn’t use any of your sick leave last year, and it “rolled over” into 2026, there’s still a difference between what you earn and what you can actually use. ESTA sets clear rules based on your employer’s size.
Large Employers (10+ Employees)
If you work for an employer with 10 or more employees, you can use up to 72 hours of paid sick time per 12-month benefit year. Even if you accrue more than 72 hours, your employer can cap your usage at that amount. The employer gets to define what counts as the “year” as long as they use a consistent 12-month period.
Small Employers (Fewer Than 10 Employees)
Small businesses must provide employees at least 40 hours of paid sick time per year, plus at least 32 hours of additional unpaid but job-protected sick time. So you’re still protected even if you work somewhere small—you just might not get paid for all of it.
Waiting Periods for New Hires
Michigan employers may require eligible employees to wait up to 90 days (and possibly 120 days, depending on final state guidance) before using accrued paid sick time. During this waiting period, you still earn sick time—you just can’t use it yet. Your employer should clearly explain this in written notice when you’re hired.
Usage Increments
You can generally use earned sick time in one hour increments or the smallest increment your employer’s payroll system already uses for tracking absences. So if your workplace tracks time in 15-minute or 30-minute blocks, you can use sick time in those same hourly increments.
Side-by-Side Comparison
| Worker | Employer Size | Paid Sick Time Available | Unpaid Protected Time |
|---|---|---|---|
| Assembly worker at 200-employee manufacturer | Large | Up to 72 hours per year | None required |
| Stylist at 7-employee salon | Small | Up to 40 hours per year | Up to 32 hours per year |
Carryover, Frontloading, and What Happens to Unused Time
Unlike the older medical leave act, ESTA is generous about letting you keep unused sick time from year to year. This matters if you have a chronic health condition, caregiving responsibilities, or just haven’t needed to take much time off.
Carryover Rules
Under ESTA, you can generally carry over all unused earned sick time into the next year. There’s no cap on the carryover amount. However, the number of hours you can actually use each year may still be capped (72 or 40, depending on employer size).
Frontloading and Carryover
When employers lawfully frontload the full annual amount at the start of the benefit year and meet ESTA’s minimums, some carryover tracking requirements become simpler. For example, if an employer provides 72 hours upfront at the start of each year, they may not need to track unused time rolling over—as long as they meet all the law’s requirements.
No Payout Required at Separation
ESTA does not require employers to pay out unused sick time when you leave your job—whether you quit, get laid off, or are fired. However, if your employer’s own written policy promises a payout for unused sick time, they must honor that promise. Check your employee handbook or offer letter.
Rehire Rules
If you leave a job and are rehired by the same employer within six months, your previously accrued but unused sick time must generally be reinstated. Your prior service also counts toward any waiting period. This protects workers who take seasonal breaks or leave temporarily.
Important Note
These rules about unused sick time are separate from vacation or PTO payout requirements under Michigan wage law. Some employers promise to pay out vacation time when you leave—that’s a different issue. Always review your handbook or separation paperwork to understand your full rights.
What You Can Use Michigan Paid Sick Time For
ESTA expands what counts as a valid reason to take paid time off. You don’t need to share detailed medical information to use your hours—just that you have a qualifying reason.
Your Own Health Needs
You can use Michigan paid sick leave for:
- Your own mental or physical illness, injury, or health condition
- Medical diagnosis or treatment
- Preventive care like checkups, vaccinations, and screenings
Caring for Family Members
You can also use sick leave to care for a family member with:
- A physical illness, injury, or medical condition
- A family member’s mental health condition
- Needs for medical diagnosis, treatment, or preventive care
Safe Time for Domestic Violence and Sexual Assault
ESTA includes what’s sometimes called “safe time.” You can use earned sick time when you or a family member is dealing with domestic violence or sexual assault. This includes time for:
- Medical care or mental health counseling
- Relocation or safety planning
- Legal services, like meeting with an attorney or filing for a protective order
- Court appearances
Child-Related Reasons
You can use sick time for:
- Your child’s health, including absences needed to care for a sick or injured child
- Certain meetings or conferences at a child’s school or place of care that relate to the child’s health, a disability, or special education needs
This covers situations where your child’s school calls you in to discuss health-related issues, accommodations, or emergencies involving your child.
Who Counts as a Family Member?
ESTA defines family member broadly. It includes:
- Spouse or domestic partner
- Children (biological, adopted, foster, or stepchildren)
- Parents, grandparents, and grandchildren
- Siblings
- Anyone whose family relationship to you is “like family” due to blood or close association
The definition of family member under the Earned Sick Time Act includes a domestic partner and individuals related by blood or affinity whose close association with the employee is equivalent to a family relationship.
This means you’re not limited to helping only immediate relatives. If you’ve raised a niece, care for an elderly neighbor who’s like a parent to you, or have a close bond with someone who isn’t related by blood, they may qualify.
Your Job Protections: No Retaliation for Using Sick Time
Michigan law also protects you from being punished for using it or even asking questions about your rights.
The Non-Retaliation Rule
Employers cannot take adverse personnel action against you because you:
- Used earned sick time
- Requested sick time
- Asked questions about your sick time rights
- Filed a complaint about an alleged violation
- Helped with an investigation under ESTA
This means your employer cannot fire, demote, cut your hours, reduce your pay, change your schedule in a harmful way, or take any other negative action as punishment for exercising your rights.
The 90-Day Presumption
If your employer takes negative action—like termination, discipline, or a pay cut—within 90 days after you use sick time, file a complaint, or help with an investigation, the law may presume that action was retaliation. Your employer would then have to prove otherwise.
Attendance Policies and Points Systems
Using paid sick time cannot legally be counted as an “absence” under no-fault attendance policies or points systems in a way that punishes you. If your workplace uses a points-based system where too many absences lead to discipline, your protected sick time cannot add to that count.
Legal Remedies
Workers who experience a separate violation through retaliation may have legal remedies including:
- Recovery of lost wages
- Reinstatement to your job
- Damages
- Civil fines against the employer
If this sounds like your situation, it may be worth talking to an employment lawyer.
Notice, Documentation, and Employer Paperwork Rules
Both you and your employer have responsibilities when it comes to notice and documentation. These rules exist to balance legitimate business needs with your right to take protected leave—but they cannot be used to block lawful sick time.
Employee Notice Responsibilities
Employers may require employees to provide:
- Up to 7 days’ advance notice for foreseeable needs (like scheduled surgery or a known medical appointment)
- Notice “as soon as practicable” for emergencies, sudden illness, or other unforeseeable situations
If you wake up with the flu, you’re not expected to have given a week’s warning. Just notify your employer as quickly as reasonably possible.
Documentation and Verification
For absences lasting more than three consecutive days, your employer may request reasonable documentation. This might be:
- A simple doctor’s note
- A statement from a domestic violence advocate or attorney (for safe time)
- Other verification that doesn’t reveal sensitive details
However, your employer cannot demand detailed diagnosis information or medical records describing your exact condition. A note confirming you needed time off and the dates involved is typically enough.
Out of Pocket Expenses
Here’s something many workers don’t know: if you have to pay out of pocket expenses to get required documentation—like paying for a doctor’s visit just to get a note—your employer must reimburse those costs. If an employee incurs costs for such documentation, the employer covers it.
Your leave also cannot be delayed or denied while you’re waiting to provide verification. The law gives you up to 15 days to produce such documentation after your employer requests it.
Employer Obligations
Your employer must:
- Provide written notice of your ESTA rights at hire (or by February 21, 2025, whichever is later)
- Meet posting requirements by displaying a state-issued notice in a visible workplace location
- Provide notices in English, Spanish, and any other language spoken by at least 10% of the workforce
Recordkeeping
Employers must keep records of hours worked and sick time used for at least three years. The Michigan Department of Labor and Economic Opportunity can request these records during an investigation. If your employer can’t produce records, that can work against them in a dispute.
Posting Requirements and Recordkeeping for Michigan Employers
Michigan employers have clear responsibilities under the Earned Sick Time Act (ESTA) when it comes to informing employees about their rights and keeping accurate records. These requirements are designed to ensure that every eligible employee knows about their paid sick leave benefits and that employers are held accountable for providing them.
Workplace Posting Requirements
Every Michigan employer covered by the sick time act must display a poster in a prominent location at each worksite. This poster, provided by the Michigan Department of Labor and Economic Opportunity, outlines employee rights under the earned sick time act—including how sick time accrues, who is eligible, and how it can be used. The poster must be available in English, Spanish, and any other language spoken by at least 10% of the workforce, ensuring that all employees can understand their rights regardless of their primary language.
Written Notice to Employees
In addition to the poster, employers are required to give each employee a written notice explaining their rights under the sick time act ESTA. This notice must include details about how earned sick time accrues, the employer’s designated benefit year, and the ways employees can use their paid sick leave. Providing this written notice is not just a formality—it’s a legal obligation that helps prevent confusion and ensures transparency.
Recordkeeping Obligations
Employers must maintain accurate records to comply with the Earned Sick Time Act. These recordkeeping requirements are essential for ensuring that employees receive the sick leave benefits they are entitled to and for demonstrating compliance during any investigation.
Summary of Employer Recordkeeping Requirements
- Employers must keep records of hours worked and sick time used for at least three years.
- Records must be made available to the Michigan Department of Labor and Economic Opportunity upon request.
- Failure to produce records can be used against the employer in a dispute or investigation.
How Michigan Paid Sick Time Interacts with PTO, Union Contracts, and Other Leave
Many workplaces already have PTO banks, vacation policies, or sick time buckets. Some have a collective bargaining agreement. ESTA is meant to be a floor—a minimum standard—not a ceiling on your benefits.
Using Existing PTO to Satisfy ESTA
If your employer’s PTO or vacation policy already:
- Gives you at least the same amount of paid time off as ESTA requires
- Allows you to use it for all the same reasons (health, family care, safe time)
- Doesn’t punish you for using it
Then that existing policy can satisfy ESTA requirements without creating a separate sick time bank. Your employer doesn’t need to give you additional time—just make sure what they already provide employees meets or exceeds the law.
Union Contracts
ESTA does not reduce rights under collective bargaining agreements. If your union contract provides better benefits than ESTA, you keep those benefits. If the contract provides less protection than ESTA requires, ESTA typically applies when the agreement reaches its expiration date—or may apply immediately for new employees not yet covered by the CBA.
Running ESTA Leave at the same time as paid leave
ESTA leave can run at the same time as other types of paid leave, like FMLA leave, when both laws apply to your situation. For example, if you’re out for a serious health condition that qualifies under both ESTA and FMLA, your employer may count those hours toward both leave banks—but they must clearly explain how they’re coordinating the leaves.
Review Your Policies
Take time to review your employee handbook, union contract, or any written PTO policy. You might already receive more generous benefits than the statute requires. If your employer tries to reduce those benefits now that ESTA has taken effect, that could be a problem.
Two Workplace Comparisons
| Workplace Type | How Sick Time Works |
|---|---|
| General PTO bank (single bucket for all time off) | As long as the bank allows at least 72 hours for health and family care reasons, and doesn’t punish usage, it can satisfy ESTA |
| Separate buckets (sick, vacation, personal) | The “sick” bucket must meet ESTA minimums; vacation and personal days are separate and can have different rules |
If Your Michigan Employer Isn’t Following the Paid Sick Time Rules
Many workers only discover these laws after a problem has already happened—a denied sick day, a write-up, or a sudden firing. If something feels wrong, trust that instinct.
Common Red Flags
Watch for these warning signs that your employer might be violating ESTA:
- Refusing to let you use accrued sick time for qualifying reasons
- Counting protected sick time as “points” under an attendance policy
- Requiring you to find a replacement worker before using sick time
- Disciplining or firing you shortly after you take leave
- Refusing to provide written notice of your rights
- Demanding detailed medical information beyond what the law allows
Enforcement Options
If you believe your employer is violating michigan paid sick leave rules, you have options:
- File a complaint with the Michigan Department of Labor and Economic Opportunity within the applicable time limit
- File a civil lawsuit in court under ESTA
Filing a claim with LARA is neither a prerequisite nor a bar to filing a civil lawsuit under ESTA—administrative remedies are optional, and you may pursue a civil action without first filing a complaint.
Both paths can lead to remedies if a violation is proven.
Possible Remedies
If you prove an ESTA violation, you may be able to recover:
- Unpaid sick time you were denied
- Lost wages, which may be calculated based on your normal hourly wage
- Reinstatement to your job
- Damages
- Civil penalties against the employer
Document Everything
If you think your employer is breaking the rules, start keeping records now:
- Dates you requested sick time
- How supervisors responded (save emails, texts, voicemails)
- Any write-ups or discipline you receive
- Pay stubs showing your hours worked and any deductions
- Copies of your employee handbook or any written policies
This documentation is extremely helpful if you later need to stand up for yourself or work with a lawyer.
Punchwork Law Is Here to Help
We are a worker-focused employment law firm that reviews situations involving Michigan paid sick time, wrongful termination, discrimination, harassment, and retaliation. We offer free, low-pressure consultations to help people understand their options. If your employer is ignoring the law, you don’t have to figure it out alone.
How Punchwork Law Helps Michigan Workers Protect Their Rights
Punchwork Law represents workers—not corporations—when paid leave, discrimination, retaliation, or wrongful termination issues arise. We’re here for Michigan employees who believe they’ve been treated unfairly at work.
Clear, Plain-English Explanations
We use clear language to help Michigan workers understand complex laws like ESTA, minimum wage changes, disability accommodations, and anti-discrimination rules. You shouldn’t need a law degree to understand your own rights.
Cases We Handle
Punchwork Law regularly handles cases involving: (Learn more about our team, including Casey Wheatman, Punchwork Law Paralegal.)
- Retaliation for taking protected leave
- Denials of reasonable accommodations
- Harassment in the workplace
- Terminations that appear connected to a worker asserting their rights
Free Initial Consultations
Our Consultations are free, and we are here to listen to your story. You’ll get a grounded view of whether the law may have been broken—without pressure or obligation.
A Note on Legal Advice
The content in this article is educational, not a substitute for legal advice. Every situation is different. If you think your employer is ignoring Michigan’s paid sick time law, reach out to better understand how the law might apply to your exact situation.
Frequently Asked Questions About Michigan Paid Sick Time
These FAQs cover practical questions that go beyond the main overview above. We’ve kept answers short and in plain language.
Can my Michigan employer force me to work from home instead of using paid sick time?
Under ESTA, the choice to use earned sick time belongs to you when a qualifying reason exists. Your employer cannot require you to work remotely instead of using your accrued hours—especially when you’re too ill to perform your job duties.
If both you and your employer agree, remote work can be an option. But that agreement shouldn’t erase your right to take paid sick leave. Keep written records (like emails or texts) if you feel pressured to work while sick rather than using your earned time.
What happens to my Michigan sick time if I change jobs?
Earned sick time generally does not transfer between different employers. Each employer tracks its own sick time bank separately.
Employers aren’t required to pay out unused sick time at separation unless their policy specifically promises it. But if you return to the same employer within six months, your prior unused sick time usually must be restored.
Review your final pay stubs and any separation paperwork carefully, and save copies in case there’s a dispute about what was owed.
Do I have to tell my boss exactly what my medical condition is?
No. Under ESTA, employers may ask for limited verification for longer absences, but they cannot require detailed diagnosis information or medical records describing your exact condition, injury, or public health emergency situation.
A simple note confirming you needed time off and the dates involved is usually enough. You have a right to medical privacy. If an employer insists on sensitive details beyond what the law allows, push back or seek legal advice.
How does Michigan paid sick time work if I have more than one job?
Sick time is earned and tracked separately with each employer. Hours worked at one job do not increase the sick time bank at another job.
You might be able to use sick time at one job while still working a different job—but be careful about employer policies and honest about availability. Each employer must follow ESTA rules for accrual, carryover, and retaliation, regardless of your other employment.
What if my small employer says they can’t afford paid sick leave?
Starting February 21, 2025, compliance with ESTA is not optional based on affordability. Even very small businesses must follow the law’s minimum requirements.
Small employers may provide a mix of paid and unpaid job-protected sick time up to the statutory minimums, but they cannot refuse to allow leave entirely or punish workers for using it. If you’re in this situation, carefully note conversations, review any written policies, and consider speaking with an employment lawyer like Punchwork Law if you believe your employer is ignoring the law.
Understanding your rights is the first step toward protecting them. Michigan’s Earned Sick Time Act represents a major expansion of worker protections—but those protections only matter if you know about them and feel empowered to use them.
If something at work doesn’t feel right, you’re not wrong to ask questions. Stay informed, know your rights, and reach out to Punchwork Law if you need help understanding how the law applies to your situation.
