Court ruling puts MI paid leave law under fire
July 21, 2022
On July 19, a judge in the Michigan’s Court of Claims voided the legislature’s lame-duck session version of certain laws, including the MI paid sick and safe time law. The court ordered that the laws as initially proposed and adopted are the law.
The court indicated that the legislature’s adopt-and-amend strategy used to enact and, in the same legislative session, substantially amend the law was constitutional. This, the judge said, undermined the intent of the people and denied them the opportunity to vote on whether they preferred the voter-initiated proposal or the legislature’s suggested modifications.
The new leave law (2018 PA 369), which amended the Earned Sick Time Act and renamed it the Paid Medical Leave Act made the following changes: • Exempted employers with fewer than 50 employees, • Lowered the minimum number of hours that could be used in a year to 40, and • Repealed a section prohibiting employers from taking retaliatory personnel actions against employees.
This decision leaves employers in the dark as to whether their paid leave plans are compliant.
The state could decide to appeal the decision to the Court of Appeals or directly to the Michigan Supreme Court. Stay tuned!
July 21, 2022
AuthorDarlene Clabault
TypeIndustry News
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Related TopicsFamily and Medical Leave Act (FMLA)
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