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Preparing for the coronavirus: Michigan's Paid Medical Leave Act implications

April 2020 employment law letter
Authors: 
Katherine Cser, Bodman PLC

With the number of reported cases of the coronavirus increasing each day, and at least one state declaring a public health emergency, Michigan employers should be mindful of their legal obligations.

Paid medical leave in Michigan

In effect for a year now, Michigan's Paid Medical Leave Act (PMLA) requires covered employers to provide paid medical leave at the rate of at least one hour of leave for every 35 hours worked, for up to 40 hours per benefit year. Employees may use the paid medical leave for the illness, injury, or condition of the employee or a member of her family.

Less well known is the right for employees to take paid medical leave to care for a child whose school or care facility has been closed by order of a public official due to a public health emergency. Employees also have the right to paid medical leave in the event health authorities determine their or their family members' presence in the community would jeopardize the health of others, regardless of whether they have actually contracted the communicable disease.

Although most exempt workers aren't considered to be “eligible employees” under the PMLA, you should be mindful of your obligations under the federal Fair Labor Standards Act (FLSA) to pay exempt workers for a full day even if they work only a partial day.

Steps for a healthy workplace

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