Less than three weeks ahead of the effective date of Michigan’s paid sick leave law, the Paid Medical Leave Act (“PMLA”),[1] the Department of Licensing and Regulatory Affairs (“LARA”) has launched a website featuring a frequently asked questions (“FAQs”) document and a model poster complying with the PMLA’s poster requirements.
Beginning March 29, 2019, Michigan employers will be required to display a poster regarding the PMLA in a conspicuous location in the workplace. LARA has issued the model poster in English so far; Spanish and Arabic versions of the poster are on the way. While the PMLA does not require employers to display posters in all three languages, employers should make a poster available to employees in their primary language, if the poster is offered by LARA.
The FAQs document answers 25 questions about the PMLA, including the following:
- Are there any employees who are not covered by the [PMLA]?
The [PMLA] has 12 specific employee exemptions, most notably employees who worked less than 25 hours per week on average in the preceding calendar year and, also overtime exempt employees….
- How does an eligible employee accrue paid medical leave?
Paid medical leave is accrued at a rate of 1 hour for every 35 actual hours worked; however, an employer is not required to allow accrual of over 1 hour in a calendar week or more than 40 hours in a benefit year.
- May an employee carry over unused paid medical leave from one benefit year to the next?
Yes. Employees can carry over up to 40 hours of unused accrued paid medical leave from one benefit year to the next; however, employers are not required to allow employees to use more than 40 hours in a single benefit year.
Other FAQs address setting hourly increments of use, define a benefit year, and indicate the bases for taking leave.
What Michigan Employers Should Do Now
As the PMLA will go into effect soon, employers should promptly take the following actions:
- Determine if your employees are covered by the PMLA.
- Ascertain whether your current leave policy meets or exceeds the requirements of the PMLA.
- If necessary, revise your leave policy to be in compliance with the PMLA by March 29.
- Review LARA’s website and the FAQs document.
- Prepare to display the English version of the model poster, and monitor LARA’s PMLA poster page (or call 855-464-9243) for the forthcoming Spanish and Arabic versions.
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For more information about this Advisory, please contact:
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Adam S. Forman |
Nancy Gunzenhauser Popper |
*Corben J. Green, a Law Clerk – Admission Pending (not admitted to the practice of law), in the firm’s New York office, contributed significantly to the preparation of this Advisory.
ENDNOTE
[1] For more information regarding the PMLA, please see our previous Act Now Advisory titled “Michigan Amends Recently Enacted Paid Sick Leave Law.”
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