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Monday, July 7, 2025

Paid Sick Leave in Michigan: Legislature Changes Course at the One-Yard Line - The National Law Review

On February 21, 2025, as Michigan employers were preparing to comply with the provisions of the Earned Sick Time Act (the “Original ESTA”) taking effect that day, Governor Gretchen Whitmer signed a last-minute bill (the “Amended ESTA”) that had immediate effect.

Since then, the Michigan Department of Labor and Economic Opportunity (LEO) has updated its Earned Sick Time Act: Frequently Asked Questions (FAQ) and published the slides from a live webinar it held in February to field questions from covered employers.

While much of the substance of the Original ESTA remains in place, the Amended ESTA makes several key changes that employers should consider before implementing their Michigan sick time policies.

Scope and Coverage

Although most Michigan employees remain eligible for paid sick time, the Amended ESTA now excludes certain workers from the definition of a “covered employee,” including:

  • U.S. government employees;
  • unpaid trainees or unpaid interns;
  • minors employed pursuant to the Youth Employment Standards Act; and
  • individuals who work according to an employer policy, so long as (1) the policy allows the individual to schedule the individual’s own working hours and (2) the policy prohibits the employer from taking adverse personnel action against the individual if the individual does not schedule a minimum number of working hours.

The Amended ESTA continues to apply to all employers with one or more Michigan employees. It does, however, change the threshold at which...



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