Michigan Paid Medical Leave Act

Background

A new law, the Michigan Paid Medical Leave Act (PMLA), signed by Michigan Governor Rick Snyder on December 13, 2018 went into effect on March 29, 2019. The new law requires employers with 50 or more employees to provide eligible employees with paid medical leave to use for their own or their family members' medical needs and for purposes related to domestic violence, sexual assault, and public health emergencies.

Highlights

  • Up to 40 hours of PMLA time can be used within a rolling 12 month period (eligible WSU employees only)
  • Expands paid medical leave eligible population
  • Expands definition of medical leave
  • No advanced notification is required by employee, but documentation is required
  • Accrued time is accessible within 90 days of employment
  • Vast majority of WSU employees are not affected by this new law

Who is Eligible for Michigan Paid Medical Leave?

If an employer already has a paid time off benefit for its employees, one which provides at least 40 hours of paid leave per year (includes, but is not limited to, paid vacation days, paid personal days, paid illness time off and paid time off), the paid time off covers the paid sick time requirement under the Michigan Paid Medical Leave law.

Since Wayne State University provides at least 40 hours of paid leave to benefit-eligible employees, the vast majority of employees will not be eligible for additional paid time under the law. However, employees that are non-exempt from the FLSA (Fair Labor Standards Act) are eligible for PMLA time.

Below you will find details regarding employees that are eligible to receive Michigan Paid Medical Leave:

The following (non-exempt) e-classes are eligible for PMLA but do not have existing leave banks. They will have a new Leave Bank created (PMLA), as well as a new earnings code MPMLA (Michigan Paid Medical Leave Act) which will draw from the new Leave Bank (PMLA). These employees will accrue 1 hour for every 35 hours worked, up to a maximum of 40 hours annually. The new MPMLA earn code will be available for use July 1, 2019. Accruals since March 29, 2019 will be loaded into PMLA Leave Bank during the week of July 8, 2019. Any PMLA time used on or after July 1, 2019 will begin to appear on the paycheck of July 24, 2019 (assuming they have PMLA time accrued).

  • TE - Temporary
  • HP - Hourly Part-Time Faculty
  • SK - Skilled Trades

The following (non-exempt) e-classes are eligible for PMLA and already have existing leave banks. We have created a new earn code MPMLA (Michigan Paid Medical Leave Act) which will draw from their Illness Bank. The new earn code is to be used exclusively for PMLA leave (up to 40 hours within a rolling 12 month period). As of July 1, 2019, employees will have access to use MPMLA earn code (assuming there are hours in their Illness bank). Any PMLA time used on or after July 1, 2019 will begin to appear on the paycheck of July 24, 2019. 

  • 24 - Local 24
  • AS - AFSCME
  • NC - Non-Represented Clerical
  • O2 - 12-Month Academic Staff Non-Exempt
  • PS - Public Safety
  • OE - Operating Engineers
  • 7M - 517 M
  • MN - Management – Non-Exempt
  • PN - P&A Non-Exempt
  • NN - Non-Represented Non-Exempt
  • N2 - 12 Month Research – Non-Exempt
  • SA - Staff Association

Additionally, the following e-classes, which currently have greater than a 90-day waiting period for using their Illness Bank, will have the waiting period changed to 90 days. Therefore, the below e-classes will be eligible to use illness time at 90 days: 

  • OE - Operating Engineers
  • 24 - Local 24

By law, an employee is ineligible for PMLA if they work, on average, fewer than 25 hours per week during a calendar year. Please note that the following classifications are not eligible for PMLA, as their respective e-classes should be approved for no more than 20 hours per week per student:

  • ST - Student Assistant
  • CW - College Work Study

The following employee groups are not eligible for MPMLA:

  • Executive, administrative, and professional employees
  • Exempt from the Fair Labor Standards Act (FLSA) employees

If you need help identifying who is eligible for PMLA, please contact your HR Consultant

For What Reasons Can Michigan Paid Medical Leave Time be Used?

Employees may take paid medical leave for the following:

  • Physical or mental illness, injury, or health condition of the employee or his or her family member
  • Medical diagnosis, care, or treatment of the employee or employee's family member
  • Preventative care of the employee or his or her family member
  • Closure of the employee's primary workplace by order of a public official due to a public health emergency
  • The care of his or her child whose school or place of care has been closed by order of a public official due to a public health emergency
  • The employee's or his or her family member's exposure to a communicable disease that would jeopardize the health of others as determined by health authorities or a health care provider

For domestic violence and sexual assault situations, employees may use paid medical leave for the following:

  • Medical care or psychological or other counseling
  • Receiving services from a victim services organization
  • Relocation
  • Obtaining legal services
  • Participation in any civil or criminal proceedings related to or resulting from domestic violence or sexual assault 

Frequently Asked Questions

For more information on the PMLA, visit our FAQs page

Employer Posting Requirements

Effective March 29, 2019, the Paid Medical Leave Act requires covered employers to display a poster created by the department in a conspicuous place that is accessible to eligible employees. The poster can be downloaded here.

Changes to the Law

Please note that Michigan Paid Medical Leave Act is currently being challenged. Following the Supreme Court decision, more information will become available.