Michigan Statewide Rule
Michigan Paid Leave Preemption and ESTA
Key Facts
- Local Paid
- Local paid leave mandates preempted
- ESTA Effective
- ESTA effective February 21, 2025
- Mothering Justice
- Mothering Justice (2024) restored ESTA
- Replaces Paid
- Replaces Paid Medical Leave Act
- Most Employers
- Most employers covered statewide
Summary
Michigan preempts local paid leave ordinances; statewide paid sick leave is governed by the Earned Sick Time Act under MCL 408.961.
123.1388 Providing employee paid or unpaid leave time; requirement by local governmental body prohibited. Sec. 8. A local governmental body shall not adopt, enforce, or administer an ordinance, local policy, or local resolution requiring an employer to provide to an employee paid or unpaid leave time.
Full Breakdown
Under MCL 123.1388, Michigan local governments cannot require employers to provide paid or unpaid leave benefits beyond what state law mandates. The Earned Sick Time Act (ESTA), restored by the Michigan Supreme Court in Mothering Justice v. Attorney General (2024), provides paid sick leave to most employees as of February 21, 2025. ESTA replaced the narrower Paid Medical Leave Act. Cities cannot create separate paid leave mandates; ESTA defines accrual rates, usage rules, and covered employers statewide.
Violations & Penalties
Local leave ordinances are preempted; ESTA violations carry damages, civil fines, and reinstatement remedies.
Frequently Asked Questions
Can Michigan cities require additional paid sick leave?
What is the Earned Sick Time Act?
Sources
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