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πŸ’Ό Employment Preemption/Paid Leave Preemption

Paid Leave Preemption: Detroit vs Westland

How do paid leave preemption rules compare between Detroit, MI and Westland, MI?

Detroit has fewer restrictions than Westland.

Detroit, MI

Wayne County

Some Restrictions

Michigan's Earned Sick Time Act, MCL 408.961 et seq., took effect February 2025 and applies to all Detroit employers. Workers accrue one hour of paid sick time per 30 hours worked.

View full Detroit rules β†’

Westland, MI

Wayne County

Heavy Restrictions

Michigan's Earned Sick Time Act (MCL Β§408.961+) took effect February 2025 after the Mothering Justice ruling, requiring Wayne County employers to provide one hour of paid sick leave per 30 hours worked. Small employers under 11 workers face a 30-hour annual cap; larger employers must provide 72 hours.

View full Westland rules β†’

Key Facts Comparison

FactDetroitWestland
StatuteMCL 408.961 et seq.-
EffectiveFebruary 2025-
Accrual rate1 hour per 301 hour per 30 worked
Cap (11+ employees)72 hours paid annually-
Local expansionPreempted by state-
Large employer cap-72 hours yearly
Small employer cap-40 hours yearly
Effective date-February 2025

Highlighted rows indicate differences between cities.

Detroit FAQ

Can Detroit require more sick time than state law?

No. The Earned Sick Time Act preempts inconsistent local ordinances, though Detroit can support enforcement and education without setting different accrual or cap rules.

Are part-time workers covered?

Yes, part-time and seasonal workers accrue at the same one-hour-per-30-worked rate. Independent contractors and federal employees fall outside the Act's scope.

Westland FAQ

Do part-time workers in Wayne County earn sick time?

Yes. ESTA covers all employees regardless of full or part-time status, with accrual proportional to hours worked. Independent contractors are excluded from coverage.

Can I use sick time to care for a sick parent?

Yes. Michigan ESTA allows paid sick time for the worker's own illness or for caring for a child, spouse, parent, sibling, grandparent, or grandchild.

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