Michigan employers have been working with the state’s Paid Medical Leave Act since 2019. For a refresher, you can access the state-required poster here. It provides a good summary of the law and the rights it confers on employees.
But Michigan employees thought they were getting even more sick leave rights (and higher minimum wage) beginning on February 20, 2023. On January 26, the Michigan Court of Appeals ruled otherwise.
Because a few things have happened since 2019, you may have forgotten how the Paid Medical Leave Act came about in the first place. Michigan had a ballot initiative for the Earned Sick Time Act, but the Legislature passed the Act on its own, thereby taking it off the ballot. Then, shortly before the Act was scheduled to take effect, the Legislature amended it to weaken many of the employee rights. Following court challenges, this was held unconstitutional, with a February 19, 2023 expiration date on the current law and the re-activation of the Earned Sick Time Act the next day. But on appeal, the Court ruled the Legislature acted properly. So, we are back to where we started with 2019 law—for now.
This is a hot issue in Michigan, and I expect further appeals to the Michigan Supreme Court. I also expect political pressure on the other branches of government. Changes to paid sick leave may still be on the horizon.
And minimum wage changes are even more likely.
The same court case and the same adopt-and-amend issues are at play with Michigan’s minimum wage laws. So, the new general minimum wage of $13.03 (with some exceptions) will NOT take effect in Michigan on February 20, 2023. But again, I expect court challenges to continue, and I expect Michigan lawmakers to take up the minimum wage through other channels as well.
THK’s employment lawyers will continue to monitor these ongoing developments and are available to assist Michigan employers with a wide variety of workplace legal issues.
