On Jan. 26, in the long-awaited opinion in Mothering Justice v. Attorney General, a three-judge panel of the Michigan Court of Appeals ruled in a 3–0 opinion that the Michigan Paid Medical Leave Act (PMLA) and Michigan Improved Workforce Opportunity Wage Act, as implemented in March 2019, will remain in place.
Although we anticipate an appeal to the Michigan Supreme Court will follow, employers can breathe a sigh of relief for now. No changes to existing state-mandated paid medical leave or increase to minimum wages need to be made.
Background
On July 19, 2022, the Michigan Court of Claims held that the "adopt-and-amend" strategy the Michigan Legislature used to enact an amended version of the Improved Workforce Opportunity Wage Act and PMLA was unconstitutional. As a result of this ruling, Michigan's minimum wage would have increased immediately to $12 per hour. The ruling also would have immediately and significantly changed employer obligations under the PMLA by expanding the scope of employers required to provide paid medical leave and the scope of employees entitled to paid medical leave, while increasing the annual amount of paid medical leave for certain employers from 40 to 72 hours. It also would have brought back the private cause of action contained in the original initiative, allowing employees to pursue claims against their employers in court for violations.
However, on July 29, 2022, the Michigan Court of Claims issued a stay of its July 19, 2022, decision....
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