Earned Sick Time
MCL 408.963 and 408.964 — 1 hour for every 30 worked, what it covers, and 3 years to file
An employer has to provide earned sick time to each of its employees in Michigan. Employees accrue at least 1 hour of paid earned sick time for every 30 hours worked, counted from the start of employment.
| Employer | Earned | Used in a year |
|---|---|---|
| EmployerA small business: 10 or fewer individuals working for pay in a given week | EarnedAt least 1 hour per 30 worked, or at least 40 hours given at the start of the year | Used in a yearUp to 40 hours, unless the employer sets a higher limit |
| EmployerEvery other employer | EarnedAt least 1 hour per 30 worked, or at least 72 hours given at the start of the year | Used in a yearUp to 72 hours, unless the employer sets a higher limit |
Accrued time carries over from year to year, up to 72 hours, or 40 hours for a small business, unless the employer allows more. An employer that gives the full amount at the start of each year does not have to allow carry over. An employer may require an employee hired after the 2025 amendments to wait until 120 calendar days after starting before using accrued time. Sick time is paid at the employee's normal hourly or base wage, and never below the state minimum wage.
Earned sick time can be used for:
- The employee's own mental or physical illness, injury or health condition, its diagnosis, care or treatment, and preventive medical care.
- The same for a family member.
- Where the employee or a family member is a victim of domestic violence or sexual assault: medical care, counseling, victim services, relocating, legal services, and taking part in related civil or criminal proceedings.
- Meetings at a child's school or place of care about the child's health or disability, or the effects of domestic violence or sexual assault on the child.
- A closure of the workplace, or of a child's school or place of care, ordered by a public official because of a public health emergency, and a finding that the employee's or family member's presence would put others at risk after exposure to a communicable disease.
For a foreseeable need, an employer may require advance notice of no more than 7 days. For one that is not foreseeable, it may require notice as soon as practicable, or under a written policy it gave the employee that allows notice after the employee learns of the need. It may not deny unforeseeable sick time if it never gave that written policy, or changed the policy without telling the employee within 5 days. Sick time can be used in 1 hour increments, or the smallest increment the employer uses for other absences, and an employer may not require the employee to find a replacement.
For more than 3 consecutive days, an employer may require reasonable documentation, due within 15 days after it asks, and may not delay the start of the time while it waits. The documentation cannot be required to explain the nature of the illness or the details of the violence, and the employer pays the employee's out of pocket cost of getting it.
Retaliation is barred, and there are 3 years to file. An employer may not take retaliatory personnel action or discriminate against an employee for exercising a right under the act, and an absence control policy may not treat earned sick time as an absence that can lead to discipline. An employer may take adverse action if the time is used for a purpose the act does not cover, or the employee breaks its notice requirements. An employee affected by a violation may file a claim with the department not later than 3 years after it. Retaliation carries a civil fine of up to $1,000 for each violation.
An employer does not have to pay out unused earned sick time when employment ends. An employee rehired by the same employer within 2 months gets previously accrued, unused time back, unless it was paid out.
Sources for this section (6)
- MCL 408.962 — Earned sick time; definitions
- MCL 408.963 — Earned sick time; accrual, use and carry over
- MCL 408.964 — Earned sick time; permitted uses, notice and documentation
- MCL 408.965 — Earned sick time on transfer, rehire and separation
- MCL 408.966 — Retaliation for using earned sick time
- MCL 408.967 — Earned sick time claims, remedies and fines
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.