Michigan’s Earned Sick Time Act: What Members Need to Know

Who the Law Covers

The Earned Sick Time Act covers nearly every Michigan employer with one or more employees, a major expansion from the previous law’s 50-employee threshold. Almost every worker in the state began accruing earned sick time on Feb. 21, 2025.

A few groups are exempt, including unpaid interns, certain federal employees and workers whose schedules are entirely self-directed. For most employees, though, coverage is now the rule rather than the exception.

How the Law Works With Your Collective Bargaining Agreement

This is the part that matters most for union members. 

If your Collective Bargaining Agreement was in effect on Feb. 21, 2025, and already addresses sick time, sick leave or PTO that can be used for sick time, those contract terms continue to apply until the agreement expires, becomes amendable or is renegotiated, even if the benefit is less generous than ESTA. If your agreement is silent on sick time, ESTA applies to you immediately.

Talk to a Local 8 business agent if you have questions about how your specific contract interacts with this law.

What Paid Medical Leave Can Be Used For

Eligible employees may use earned sick time for reasons including:

• The employee’s or a family member’s mental or physical illness, injury or health condition
• Medical diagnosis, care or treatment
• Preventive medical care
• Situations involving domestic violence or sexual assault, including medical care, counseling, relocation or related legal proceedings
• School meetings related to a child’s health, disability or the effects of domestic violence or sexual assault
• Workplace or school closures ordered by a public official due to a public health emergency

Employers cannot require an employee to find their own replacement as a condition of using earned sick time.

Enforcement

If an employer violates the Earned Sick Time Act, the Michigan Wage and Hour Division can order payment of all earned sick time improperly withheld, along with back pay and reinstatement where applicable. 

Employers who fail to provide earned sick time face a $1,000 administrative fine and a potential additional civil fine of up to eight times the employee’s normal hourly wage. Employers who willfully violate the posting requirement face a $100 fine per violation.

Claims may be filed within 3 years of the violation at michigan.gov/wageclaim.

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