Michigan Paid Sick Leave Laws: Your Entitlements

The federal government does not mandate paid sick leave under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., which is administered by the U.S. Department of Labor (DOL). The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., requires certain employers with 50 or more employees to provide unpaid, job-protected leave for qualifying medical and family reasons, but does not require the leave to be paid. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., may require employers to provide reasonable accommodations for disability-related absences, which could include unpaid or paid time off depending on the employer's practices and policies.

At the federal level, if an employer chooses to offer paid time off (including paid sick leave), it must comply with the FLSA's requirements regarding compensation and must honor the terms of its written leave policy. The EEOC enforces laws prohibiting discrimination in the provision of leave benefits based on protected characteristics such as race, color, religion, sex, national origin, age (40+), or disability. There are no federal penalties for failing to provide paid sick leave; however, if an employer has a written paid leave policy, it may face wage and hour claims if it fails to pay out accrued time as promised.

Michigan has no statewide paid sick leave law; the Michigan Employment Relations Act (MERA), MCL 423.1 et seq., and the Elliot-Larsen Civil Rights Act, MCL 37.2101 et seq., do not create an affirmative right to paid sick leave. This means Michigan employers are generally not required by state law to provide any paid sick time, making Michigan significantly weaker than states like California, New York, and Illinois that mandate paid sick leave statewide.

However, Michigan recognizes local control, and several municipalities have enacted their own paid sick time ordinances. Detroit's Paid Sick Time Ordinance (Code of the City of Detroit § 19-1-3(43)) requires employers with 10 or more employees located in Detroit to provide at least 1 hour of paid sick time per 30 hours worked, accruing annually, with a minimum of 40 hours or 5 days per year. Grand Rapids' paid sick leave ordinance similarly requires employers with 10 or more employees to accrue paid sick time. Dearborn and Kalamazoo have also adopted local paid sick leave requirements. If your workplace is located in one of these jurisdictions, the local ordinance applies regardless of the lack of a statewide requirement.

Under Michigan common law and the implied covenant of good faith and fair dealing, if an employer has a written paid leave policy, employees may have contract claims if the employer fails to honor it. Additionally, if an employer retaliates against an employee for requesting or using paid sick leave in a protected context (e.g., for jury duty, military service, or domestic violence-related absences), the employee may have recourse under Michigan's public policy exceptions to at-will employment. Unlike federal law, Michigan does not require employers to distinguish between sick leave, vacation, and personal time for wage and hour purposes once leave is accrued; however, if the employer's policy promises to pay out unused leave upon termination, Michigan courts may enforce that promise.

Michigan law permits employers to enforce 'use it or lose it' policies for paid time off provided the policy complies with the FLSA and is not preempted by a local ordinance. If a city ordinance requires carryover, the employer cannot eliminate earned paid sick time.

Employers may exclude certain categories of workers from paid leave policies. Independent contractors, volunteers, and temporary employees with defined short-term assignments (e.g., seasonal workers) are often excluded under Michigan law, though local ordinances may have different definitions.

Michigan recognizes the at-will employment doctrine, MCL 423.461, which allows employers to terminate employees for any reason not prohibited by law. Requesting paid sick leave is not a protected activity under Michigan law statewide, but using paid sick leave in conjunction with a protected activity (e.g., jury duty under MCL 600.1348, military service under MCL 32.264, or domestic violence or stalking-related absences under MCL 400.6001) may trigger retaliation protections.

If an employer has a written paid leave policy but does not have a local ordinance obligation, Michigan does not force the employer to maintain a specific accrual rate or payout policy. However, if the policy exists, the employer must follow it. Employers are not required to allow employees to take paid sick leave for preventive care, childcare, or elder care unless the local ordinance explicitly includes those purposes. Detroit's ordinance permits use for the employee's own illness, family member's illness, and domestic violence, stalking, or sexual assault-related needs, but not all local ordinances are identical.

Step 1: Document Everything. Keep records of all communications about your paid leave request, including emails, text messages, and written policy summaries provided by your employer. If you work in a jurisdiction with a paid sick leave ordinance (Detroit, Grand Rapids, Dearborn, Kalamazoo), record the date you made the request, the reason, and the employer's response. Save your pay stubs, which may show accrual or payout information, and note any retaliation (discipline, shift cuts, negative performance reviews) that occurs shortly after a sick leave request.

Step 2: Internal Complaint Process. Before filing with an external agency, follow your employer's internal complaint or grievance procedure if one exists. Request a written explanation from management or HR as to why your paid sick leave request was denied or not honored. This creates a paper trail and demonstrates your good faith. In unionized workplaces, file a grievance under the collective bargaining agreement. Document the dates and names of individuals you spoke with. If the employer retaliates (terminates, demotes, or cuts hours) within 90 days of your complaint, this strengthens a potential retaliation claim.

Step 3: File with the Appropriate Agency. The agency depends on your location and the nature of your complaint. If you work in Detroit, file with the Detroit Department of Human Rights and Services, Employment Solutions Division, at 2 Woodward Avenue, Suite 1250, Detroit, MI 48202, or call (313) 628-2446 to report violations of the Detroit Paid Sick Time Ordinance. If you work in Grand Rapids, file with the City of Grand Rapids Civil Rights Division. For municipalities outside these covered cities, or if your claim involves retaliation related to protected activity (jury duty, military service, domestic violence), contact the Michigan Department of Labor and Economic Opportunity (DLEO) Wage and Hour Division at 517-373-3380 or visit www.michigan.gov/leo. If your issue involves discrimination based on a protected characteristic (race, sex, disability, age 40+), file with the Michigan Civil Rights Commission (MCRC) at (833) MICR-411 (833-642-7411) or www.michigan.gov/mdcr. Federal FMLA retaliation claims can be filed with the U.S. Department of Labor Wage and Hour Division.

Step 4: Investigation Process. Expect the investigation timeline to vary. City ordinance complaints in Detroit are typically investigated within 30–60 days, though resolution may take 6–12 months. State agencies (DLEO, MCRC) typically have 30–180 days to investigate. During the investigation, the agency will contact the employer for a written response and may request pay records, leave policies, and communications. You may be asked to provide a formal statement and supporting evidence. The investigator will determine whether the employer violated the ordinance or applicable law. If a violation is found, the agency may issue a citation, require the employer to pay back wages plus interest, and/or impose a civil penalty (Detroit ordinance penalties can reach $500–$1,000 per violation).

Step 5: Consult an Attorney. Consult an employment law attorney if: (1) the employer has denied paid sick leave despite a local ordinance and has not corrected the issue after your internal complaint; (2) you suspect retaliation; (3) the amount owed is substantial (typically more than $2,000); or (4) you are facing termination and believe it is pretextual. An employment attorney can review whether your case involves wage and hour violations (unpaid accrued leave owed as final wages), breach of contract (if a written policy exists), retaliation, or discrimination. Michigan allows recovery of damages, back pay, penalty amounts, and in some cases attorney fees, making legal representation cost-effective. Search for attorneys licensed in Michigan who specialize in employment law through the State Bar of Michigan's Lawyer Referral Service.