Maternity Leave Laws in Michigan: Your Full Entitlements

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., is the primary federal law providing maternity leave protection. Covered employers—those with 50 or more employees within 75 miles of the worksite—must grant eligible employees (those who have worked there for at least 12 months and 1,250 hours in the past 12 months) up to 12 weeks of unpaid, job-protected leave during a 12-month period for childbirth, adoption, or bonding with a newborn or newly adopted child.

The FMLA does not require payment during leave, though employers may require employees to use accrued paid time off (PTO) or paid sick leave concurrently. Employers must continue health insurance benefits during FMLA leave on the same terms as if the employee were actively working. The U.S. Department of Labor (DOL) enforces the FMLA. Remedies include reinstatement to the same or equivalent position, back pay, compensatory damages for losses (such as health insurance lapses), and liquidated damages equal to the amount of wages lost plus interest. Employees have up to two years to file a claim (three years if the violation is willful).

Michigan does not have a dedicated state maternity leave statute comparable to federal FMLA protections. Michigan courts have recognized pregnancy discrimination claims under the Elliott-Larsen Civil Rights Act (MCL § 37.2701 et seq.), which prohibits employment discrimination based on sex; pregnancy is a form of sex discrimination under this law. However, this statute does not mandate employers to provide maternity leave—it only prohibits discrimination against pregnant employees.

Michigan employers are not required by state law to offer paid or unpaid maternity leave. The state relies on the federal FMLA for eligible workers. Unlike some progressive states (California, New York, New Jersey), Michigan has no separate paid family leave program or temporary disability insurance for maternity.

Michigan does have a Paid Medical Leave Act (MCL § 408.943) that requires employers with 50+ employees to provide employees with paid medical leave beginning January 1, 2024 (1 hour per 30 hours worked, up to 40 hours per year minimum). Employees can use accrued paid medical leave for childbirth recovery and pregnancy-related conditions. Additionally, Michigan's paid sick leave law (MCL § 408.941) requires employers with 6+ employees to provide paid sick leave (1 hour per 30 hours worked, minimum 40 hours per year for employers with 50+ employees). Maternity-related leave can be taken using paid sick leave if the pregnancy is considered an illness.

Employers with fewer than 50 employees are not covered by FMLA but may still be bound by paid sick leave and paid medical leave laws if they meet the employee threshold. State law is significantly weaker than federal protections because Michigan does not guarantee job protection during leave—only that accrued paid leave can be used. Employees are not automatically restored to their position after paid leave unless FMLA or another law applies.

The FMLA does not apply to employers with fewer than 50 employees, employees who have not worked for the employer for 12 months, or those who have not worked 1,250 hours in the 12 months before leave. Government employers and certain educational institutions may have different rules.

Michigan's paid sick leave and paid medical leave laws have exceptions: employees in certain contexts (e.g., independent contractors, temporary workers, employees subject to a collective bargaining agreement with different terms) may be excluded. Federal FMLA also excludes certain domestic workers and agricultural workers. Employers may count holidays and vacation time against FMLA leave if allowed by policy, though the FMLA sets a 12-week minimum floor.

Michigan is an at-will employment state, meaning employers can generally terminate employees without cause. However, pregnancy discrimination is prohibited under the Elliott-Larsen Act, so an employer cannot fire or demote a pregnant employee solely because of pregnancy. Retaliation for requesting or taking maternity leave, or filing a pregnancy discrimination complaint, is also illegal. But Michigan law does not create an automatic right to return to the same position after unpaid maternity leave—that protection comes from federal FMLA if applicable. Employers are not required to offer flexible work arrangements, remote work, or phase-back schedules during or after maternity leave unless required by disability accommodation or other law.

Union employees may have enhanced maternity leave protections under collective bargaining agreements, which typically supersede state law minimums.

Step 1 — Document Everything. Keep copies of all communications with your employer regarding your pregnancy, maternity leave request, and return to work. Save emails, text messages, offer letters, employee handbooks, and any written acknowledgment of your leave dates. If your employer denies you maternity leave, uses disparaging language about your pregnancy, or changes your duties after disclosure, document the date, time, people present, and what was said. Note your performance reviews before and after pregnancy to establish discrimination patterns. Photograph your employee handbook if it addresses leave policies.

Step 2 — Follow Internal Complaint Procedures. Many Michigan employers have HR departments that handle leave requests. Submit a formal written request for maternity leave as soon as you are able, preferably in writing (email is acceptable). Reference your expected delivery date, intended leave start and end dates, and whether you intend to use FMLA, accrued paid leave, or both. Request written confirmation of your leave dates and return-to-work date. If your employer denies or delays your request unreasonably, send a follow-up email summarizing your conversation and restating your request. This creates a documented record and sometimes prompts resolution. Keep copies of all internal communications. Internal complaints matter because they may be required before filing with state or federal agencies, and they demonstrate your good faith effort to resolve the issue.

Step 3 — File with the Appropriate Agency. If you believe you were discriminated against based on pregnancy, file a complaint with the Michigan Department of Civil Rights (MDCR) at www.michigan.gov/mdcr. You have 90 days from the date of discrimination to file. Complete the MDCR Complaint Form (available online or by calling 517-335-3165) and submit it by mail, email (MDCR@michigan.gov), or in person at the MDCR office in Lansing. Include: your name, contact information, employer name and address, date(s) of the alleged discrimination, description of what happened, and names of witnesses if possible. MDCR will investigate at no cost to you.

If your employer has 50+ employees and you were denied FMLA leave or not restored to your position after FMLA leave, file a complaint with the U.S. Department of Labor Wage and Hour Division (WHD) at www.dol.gov/agencies/whd or call 1-866-4-USDOL (1-866-487-8365). You can file online, by phone, or by visiting a local WHD office. FMLA claims have a two-year statute of limitations (three years if willful). Provide your name, employer information, employment dates, leave dates requested and taken, and description of how FMLA was violated.

Step 4 — Investigation and Resolution. MDCR will acknowledge your complaint and assign an investigator. The investigator will contact you and your employer, request documents, and may interview witnesses. This process typically takes 60-90 days, though complex cases may take longer. You may be asked to clarify details or provide additional evidence. The employer will have an opportunity to respond. At the conclusion of MDCR's investigation, they will issue a findings letter stating whether they found probable cause of discrimination. If probable cause is found, MDCR may attempt conciliation (settlement negotiation). If conciliation fails, you have the right to a hearing before an administrative law judge, where you can present evidence and witness testimony.

If you filed with DOL, a WHD investigator will contact you and request documentation. DOL will review your time records, leave requests, and pay stubs. If DOL finds a violation, they may require the employer to provide back pay, reinstatement, and compensatory damages. Most cases settle during this process. DOL does not require a hearing but can pursue administrative or court enforcement if the employer refuses to comply.

Step 5 — When to Consult an Attorney. Consult an employment lawyer immediately if: your employer retaliates against you for reporting pregnancy discrimination or requesting leave (demotes you, cuts hours, terminates you); you are denied FMLA leave and cannot resolve it internally or with the agency; your employer misclassifies you as ineligible for leave; you suffer financial harm (lost wages, health insurance loss); or the agency's investigation is taking an unreasonably long time. A Michigan employment attorney who specializes in discrimination or labor law can evaluate your case, negotiate with your employer or the agency, represent you in a hearing, or file a lawsuit if necessary. Many employment attorneys work on contingency (no upfront cost; they take a percentage of your recovery) or can provide free initial consultations through legal aid organizations like Michigan Legal Help (michiganlegalhelp.org).