Michigan’s Earned Sick Time Act (ESTA) expanded employee sick leave rights and replaced the state’s Paid Medical Leave Act. The law requires most Michigan employers to provide earned sick time and maintain specific policies, records, and employee notices.
If you’re a Michigan employer, understanding ESTA is critical to maintaining compliance and avoiding potential penalties.
Key Takeaways
- Employees earn one hour of sick time for every 30 hours worked.
- Employees may use up to 72 hours of earned sick time annually.
- Employers with 10 or more employees must provide up to 72 hours of paid sick leave.
- Employers with nine or fewer employees must provide 40 paid hours, while the remaining hours may be unpaid.
- Sick time can be used for personal illness, family care, public health emergencies, and certain domestic violence-related situations.
- Employers must maintain records and provide required employee notices.
If you need support reviewing your policies or ensuring full compliance with ESTA, contact GMS today!
What Is Michigan’s Earned Sick Time Act?
Michigan’s ESTA requires covered employers to provide eligible employees with paid earned sick time. In general, the law applies to Michigan employers with one or more employees, although certain workers and employers may fall under exemptions provided by the law. It applies to work performed by employees who are physically located in Michigan, regardless of where their employer is located.
One of the most important requirements is the sick time accrual rate. Employees generally earn a minimum of one hour of paid sick time for every 30 hours worked, excluding hours used as paid time off.
The amount an employee may use in a year depends on the employer’s size:
- Small businesses with 10 or fewer employees: Employees may use up to 40 hours of paid earned sick time per year unless the employer chooses a higher limit.
- Other employers: Employees may use up to 72 hours of paid earned sick time per year unless the employer chooses a higher limit.
Employers also have the option to provide the required amount of earned sick time at the beginning of the year rather than requiring employees to accrue it throughout the year, provided the applicable requirements are met.
For small businesses, the general compliance date was October 1, 2025. However, Michigan also provides a delayed effective date for certain small businesses that did not employ an employee on or before February 21, 2022.
What Can Employees Use Sick Time For?
Employees may use earned sick time for:
- Personal illness, injury, or preventive care
- Caring for a family member with a medical condition
- Medical appointments and treatment
- School or workplace closures related to a public health emergency
- Issues related to domestic violence or sexual assault
- School meetings involving a child’s health or disability
This wider range of permitted uses makes it important for employers to look beyond the amount of PTO their organization offers. A policy also needs to account for employees’ rights under ESTA.
Employers should therefore review how their current policies define acceptable uses of paid leave and make sure managers understand how requests involving earned sick time should be handled.
Accrual Vs. Frontloading Earned Sick Time
Employers have options for administering earned sick time.
Under an accrual approach, employees generally earn one hour of paid sick time for every 30 hours worked. For small businesses, employees may use up to 40 hours in a year; for other employers, the annual use limit is 72 hours, unless the employer establishes a higher limit.
Alternatively, an employer may frontload the applicable amount at the beginning of the year for immediate use. The law specifically permits small businesses to provide at least 40 hours upfront and other employers to provide at least 72 hours upfront as an alternative to accrual.
Part-time employees also have specific frontloading rules. Employers choosing this approach must provide written notice of the employee’s expected annual hours and provide an amount of leave that is at least proportional to what the employee would have accrued based on those expected hours. If the employee works more than expected, additional sick time must be provided in accordance with the law.
Choosing the right approach will depend on a business’s workforce and existing PTO structure. Whichever method an employer uses, accurate tracking remains an important part of administration.
How Does ESTA Affect Existing PTO Policies?
For businesses that already offer PTO or paid sick leave, ESTA does not necessarily mean creating an entirely separate benefit.
However, employers should review existing policies carefully to make sure they satisfy ESTA’s requirements. That means looking beyond the total number of hours provided and considering accrual, eligibility, permitted uses, and other requirements established under the law.
This can be particularly important for small and midsize businesses that use a single PTO bank for vacation, personal time, and sick leave. A policy that looks generous on paper may still require adjustments depending on how employees earn and use that time.
What Employers Need to Know About ESTA Compliance
ESTA impacts more than just leave policies. Employers should review their HR and payroll processes to ensure they can:
- Track sick leave accruals correctly
- Manage carryover balances
- Document leave requests and usage
- Maintain required records
- Apply policies consistently
Businesses should verify that their current policy meets the law’s accrual, usage, and employee protection requirements.
Recordkeeping and Notice Requirements
Michigan employers must:
- Display the official ESTA poster in the workplace
- Provide employees with notice of their sick leave rights
- Maintain records of hours worked and leave accrued and used
- Keep records for at least three years
- Make records available if requested by state regulators
How to Prepare Your Business for ESTA
To help ensure compliance, employers should:
- Review Existing Leave Policies
- Confirm that PTO and sick leave programs meet ESTA requirements.
- Update Payroll and HR Systems
- Verify that accruals, carryover balances, and leave usage are properly tracked.
- Train Supervisors
- Managers should understand employee rights, notice requirements, documentation rules, and anti-retaliation protections.
- Maintain Consistent Practices
- Applying policies consistently can help reduce compliance risks and employee disputes.
How GMS Can Help
Keeping up with changing employment laws can be challenging, particularly for small and midsize businesses that do not have extensive internal HR resources.
Working with a professional employer organization (PEO) like Group Management Services (GMS) can help reduce that administrative burden. GMS supports employers with HR administration, payroll, employee benefits, risk management, and other responsibilities that can become increasingly complex as employment regulations change.
For Michigan employers, that support can make it easier to review leave policies, manage employee records and understand how changes such as ESTA may affect day-to-day HR processes.
The Michigan Earned Sick Time Act has changed how businesses across the state approach paid sick leave. Employers that understand the requirements and keep their policies, systems, and managers aligned will be better positioned to manage those changes.
If you need help reviewing your policies or navigating Michigan’s Earned Sick Time Act, contact GMS today.
Frequently Asked Questions
Can employers request documentation?
Yes. Employers may request reasonable documentation for absences lasting three or more consecutive days.
Who is covered by ESTA?
Most Michigan employees and employers are covered under the law.
How long must employers keep records?
Employers must generally maintain records related to hours worked and earned sick time for at least three years.
