Employers may provide employees with different types of unpaid and/or paid leave as part of their total compensation package such as Paid Time Off (PTO), sick days, and flex time. Employers have some flexibility when it comes to establishing and negotiating these types of employee leave policies.
However, federal, state, and local laws require covered employers to provide employees with leave in certain situations. In addition to federal leave laws such as the Family and Medical Leave Act (FMLA) that we discussed in our recent seminar, Michigan has employee leave laws regarding:
- Jury Dute Leave;
- Crime Victim Leave
- Military Service Leave
- Maternity Leave; and
- Disability Leave.
The following table provides employers with an overview of Michigan’s employee leave laws and suggested compliance steps.
NOTE: The above information focuses on Michigan’s statewide leave laws. Employers should also be aware that many cities have enacted local laws mandating paid sick leave. If an employer is located in a city with a paid sick leave law, they must comply with both the local ordinance and statewide law, if applicable.
It is imperative that Michigan employers understand when their employees are entitled to take time off from work, and the legal protections associated with such leaves. Employers that violate state or federal leave law requirements may be subject to government investigations, fines, employee lawsuits and significant penalties, fees and damage awards.
To minimize these risks, employers should review applicable federal and state leave law requirements and determine whether they have any compliance gaps to correct. This compliance review may be complex, especially in areas where federal and state leave laws overlap.
As part of the compliance review, employers should confirm that:
- Employee handbooks and written policies and procedures have been updated to accurately describe employee leaves;
- Human Resources personnel, as well as managers and supervisors, are educated on how to administer employee leaves and receive ongoing training;
- Employee leaves are administered on a consistent basis, and employees are educated on leave rights and requirements;
- Recordkeeping systems accurately track and document employee leaves; and
- Required notices and posters regarding leave laws are provided.
For other questions regarding Michigan leave laws, you can contact your dedicated Austin Account Director or contact us directly at 248.594.5550 or firstname.lastname@example.org.
This guide is not intended to be exhaustive, nor should any discussion or opinion be construed as legal advice. This article is provided for informational purposes only; it broadly summarizes state statutes and regulations that are generally applicable to private employers. Please contact legal counsel for legal advice.