Michigan workers to see new sick time requirements next year

LANSING — Michigan workers could soon see new sick time and paid leave policies due to last month’s Michigan Supreme Court ruling that restored a diluted 2018 ballot initiative to its original form.

The decision stems from a move by the then Republican-controlled Legislature to weaken the initiative after the 2018 election. The state Supreme Court ruled this unconstitutional and said the original initiative would go into effect in February of next year.

Under the initiative, most employers must provide one hour of paid sick time for every 30 hours worked. Employees of large businesses can use up to 72 hours per year, while small business employees get up to 40 hours paid and 32 hours unpaid.

Brian Calley, president of the Small Business Association of Michigan and former Republican lieutenant governor under which the ‘adopt and amend’ maneuver occurred, says the initiative would harm both workers and employers.

“It will make it so that the general leave banks can’t be used for that so employers will naturally have to move some of that time away from vacation and towards sick time — that will not benefit most employees,” he said.

Calley says that businesses may face problems with worker reliability, since the initiative allows three consecutive sick days before employers are able to ask for documentation.

“The way this is set up, the employees will have a no call, no show allowance every year,” he said. “I think it’s going to add costs. It’s going to reduce service and unfortunately, most employees are going to lose flexibility because of this.”

Danielle Atkinson, national director of initiative-backer Mothering Justice, says that the policies reflect the importance of supporting the health of workers and their families. The AARP estimated in 2023 that over 60% of family caregivers work full or part-time and provide an average of 18 hours of care per week.

“It’s important that we take seriously people’s caregiving responsibilities and talk to our employees about what it means to operate a business and to balance those two things,” she said.

Atkinson says that the policies would make Michigan a national leader in workers’ benefits. Most other states with sick leave policies cap their use at 40 hours per year.

“It’s really important. It’s a big step,” she said. “It’s a big deal for Michigan to do this, and we need to continue to be the innovators of workers rights in this country.”

The Legislature could pass new amendments since it’s no longer the term in which the initiative was adopted. It’s unclear what policies the Democratic-controlled Legislature will consider, but members have said they’re open to reforms.