Every year or so, a new state introduces its own paid family and medical leave (PFML) program. Now, 15 states across the country (plus the District of Columbia) provide workers with some form of paid leave to manage their personal health, bond with a new child, or take care of a loved one.
Michigan, however, isn’t one of them—at least not yet. But that doesn’t exempt Michigan employers from following federal leave laws. Whether you’re based in The Great Lakes State or just have employees there, it’s important to familiarize yourself with state leave policies and employer responsibilities. Keep reading to learn more.
Is there paid family and medical leave in Michigan?
No, Michigan doesn’t have a PFML program for private-sector workers. Michigan does grant eligible state government employees up to 12 weeks of paid parental leave, but everyone else has only two choices:
Apply for unpaid federal leave (if they qualify)
Use employer-provided sick time and vacation days
Michigan sick leave
Michigan’s mandatory sick time law went into effect in 2025. Under the Michigan Earned Sick Time Act, employees earn one hour of paid sick time for every 30 hours they work. They can use the time to take personal sick days, attend doctor appointments, care for sick family members, take care of their kids during unexpected school closures, or seek safe leave.
How much sick time they’re granted depends on the size of their employers:
Businesses with 1-10 employees have to provide employees with up to 40 hours of paid sick time a year.
Businesses with 11 or more employees (who work 20 or more workweeks in a calendar year) have to provide employees with up to 72 hours of paid sick time a year.
These are just minimum guidelines, though. As an employer, you can give your employees additional paid sick time beyond 40 or 72 hours.
Are Michigan employers required to provide federal leave?
Any employer with 50 or more employees working within a 75-mile radius is subject to the Family and Medical Leave Act (FMLA). Enacted in 1993, FMLA is a federal law that requires covered employers to give eligible workers up to 12 weeks of unpaid, job-protected leave for one of four reasons:
Bonding: To care for and bond with a new child (this applies to newborn, adopted, and fostered children)
Caregiving: To care for a family member who has a serious health condition (this applies to spouses, children, and parents)
Personal medical reasons: To manage a serious personal health condition
Military exigency: To manage affairs when a family member is on or called to active duty (this applies to spouses, children, and parents)
Who’s eligible for FMLA leave?
Any Michigan employee who works for a covered employer and meets these requirements can take FMLA leave:
They’ve worked for their employer for at least one year (consecutively or non-consecutively)
They’ve accumulated at least 1,250 hours of service in the 12 months immediately before leave begins (roughly 25 hours a week)
What should employers do to comply with FMLA?
If you have 50 or more employees who work within 75 miles, regardless of which state your business is located in, FMLA applies to you. Here’s what you need to do to abide by the law:
1. Notify employees about their leave rights
The first and most important task you have as a covered FMLA employer is to inform employees of their leave rights and protections. You have two jobs:
Post this general notice from the US Department of Labor (DOL) in your workplace (make sure you print it in all the main languages your employees speak). It explains what FMLA leave is, how to qualify, and how to file a complaint with the Wage and Hour Division.
Give written notice to all your FMLA-eligible employees explaining how and when to request a leave. You can print a separate form for employees or include a general FMLA write-up in your employee handbook.
2. Follow up with the correct paperwork
Once your employees request FMLA leave, you have five business days to give them a Rights and Responsibilities Notice, which outlines the following:
The 12-month period in which your employee’s leave can take place, along with their expected leave start and return dates
Your employee’s right to job protection
Your employee’s right to use earned sick time during FMLA leave, and whether or not you’ll require that
Your employee’s right to receive continued health insurance, and whether or not they need to continue paying health insurance premiums while on leave
Whether or not your employee needs to provide certification for the leave (pro tip: federal law lets you request certification for medical, caregiving, and military exigency leaves, but not for bonding leaves)
Then, before an employee takes leave, give them a Designation Notice to let them know that their requested leave qualifies as FMLA leave.
3. Keep paying health insurance premiums
Don’t hit pause on paying the employer portion of your employees’ premiums. FMLA leave entitles employees to continued health insurance during leave, so put a plan in place to maintain that part of your payroll.
4. Return employees to their jobs after leave
Make sure you maintain an employee’s position during FMLA leave and return it to them when they’re back. If you can’t offer the exact same position for some reason, you need to create one comparable in pay, benefits, title, work times, and general work duties.
5. Keep all leave-related records
The Internal Revenue Service (IRS) recommends holding onto your payroll and personnel records for at least three to four years. That includes:
Employment contracts
Employee contact information
Employee job classification
Job start date
Timesheets
Payroll receipts
Documentation of employees requesting leave
Copies of all FMLA notices
Copies of leave certification paperwork
What happens if you don’t comply with FMLA?
If you’re a covered employer under FMLA, you’re not allowed to prevent employees from taking leave, nor can you discriminate against them for requesting leave.
If you don’t follow the DOL’s leave posting and notification requirements, you could face civil penalties, which are usually a few hundred dollars. Wronged employees can also file lawsuits against your company, potentially costing you thousands of dollars in legal fees and fines.
The problem with no paid leave in Michigan
According to data from the National Partnership for Women and Families, 77% of Michigan workers don’t have paid leave through their employers, which means they’re dependent on FMLA leave. Unfortunately, even unpaid FMLA is inaccessible for the majority (63%) of Michigan employees.
They might not work for a big enough employer to be eligible, might not have worked for their employer long enough to qualify, or might qualify—but not be able to afford going 12 weeks without a paycheck.
When employees can’t take significant time off, paid or unpaid, they’re forced to use up vacation days and sick time, which run out fast in most leave situations. From there, employees are left with a couple of difficult choices:
Return to work before they’re physically, mentally, or logistically comfortable, potentially putting their personal health or family well-being on the line
Quit their job, sacrificing essential income and career growth opportunities, to tend to their personal or family needs
When Michigan workers have enough financial and practical support, everyone is better off, including your business. Employees return to work in a healthier, more secure position, and your business benefits from more engaged employees and higher employee retention rates.
How to give Michigan employees the paid leave they deserve
You’re not legally obligated to give your Michigan employees paid leave, but you can. And if you care about your employees’ well-being in and out of work, you should. Here are some steps you can take to provide paid leave:
Crunch the numbers: Research paid leave products with your insurance provider to find out how much premiums would cost for both you and your employees. Then consult your accountant or CFO for ideas on where you can trim expenses to pad your payroll.
Decide your bare minimum and upper limit: Figure out what you want to offer as a baseline and what your ideal leave offering would be. The states with the most robust leave programs (like New York) offer 12-26 weeks of paid leave, but a minimum starting point is generally eight weeks.
Prioritize inclusivity: When determining your qualifying leave situations and leave eligibility criteria, think about your employee demographic and their specific needs. You want to meet those needs, but also provide leave coverage for employees in situations and life experiences you may not be familiar with. In general, that means keeping your leave policies inclusive and equitable, regardless of someone’s gender, sexual orientation, seniority at your company, family dynamic, age, or ability.
Maintain open communication: Share your new leave offering in a company-wide email announcement, update your employee handbook, and hold regular HR office hours so employees can ask questions about leave and make plans.
For more ideas about how to build out your employee benefits package, see Gusto’s list of top-tier employee benefits.
Niche business guides for Michigan employers
Bookmark these business guides to ensure you’re complying with state laws and taking advantage of Michigan-specific business opportunities:
