Michigan WHD 9911 Paid Medical Leave Act Poster

GRETC HEN W H ITMER  
GOVERNOR   Michigan Department of
 Labor and Economic Opportunity  
Wage and Hour Division  PO Box  30476 
Lansing, MI  48909-7976 
REQUIRED POSTER 
GENERAL  REQUIREMENTS  – PAID MEDICAL LEAVE ACT*  JEFF DONOFRIO 
DIRECTOR  LEO is an equal opportunity employer/program. 
Auxiliary aids, services and other reasonab le accommodations are available, upon request, to individuals with disabilities.  www.michigan.gov/wagehour
 • Toll Free 1-855-4MI-WAGE (1-8 55-464-9 243) 
WHD  9904 (Revised   •  10/2019)  Coverage  
The   Paid  Medical  Leave  Act ,  2018  Pu blic  Act   33 8 ,  as  amended   by  2018   Public  Act  369 ,   effective  March  29,  201 9,  covers 
employers who employ  50   or more  in dividuals .   The act covers  indiv id uals engaged  in service to an employer in the business of 
the  empl oyer   and   from  whom  a n  employer  is  required  to  withhold  for  federal  income  tax  purposes .   An  el i gible  employee  does 
not   inc lude   executive, admi nistrative,  and  professional  overtime  exempt  employees,  employees covered  by  a  pr i vate  colle ctive 
bargaining  ag reem ent   that  is  in  effe c t ,   employees  of  the  Unit ed   States  government,  another  state,  or  a  political  subdivision  of 
another   state ,  in dividual s   who se   prima ry  work  location  is  not  in  this  state,   individual s   16 - 19  years  of  age  being  paid  the  youth 
training  wag e  in   accordance  with  th e   Improved  Workfo r ce  Opport unity  Wage  Act,   te mp orary  employees  as  described  in   the 
Michigan  Employment  Security  Act,   variable   hour  employees  as  defined  by  26  C FR  54.4980H - 1,   employees  covere d  by  the 
Railway Labor Act   and   Railroad Une mplo yment Insur ance Act ,   i ndividual s   employed by an employer for 25 weeks or fewer in a 
calendar  year  for  a  job  scheduled  for  25  weeks   or  fewer ,  individual s   who  worked,  on  average,  fewer  than  25  h ours  pe r  week 
during the immediately preceding   calendar year . ( Se e  section 2  of  The   Paid Medical Leave Act ,  2018  Pu blic  Act   33 8 .)  
Paid Medical Leave A c crual  
Paid  medical  leave  a ccrual  begins  on  March  29,  2019 ,   or  upon  commencement  of  the  employee’s  employment,  whichever  is 
later .   Paid medical leave is accrued at a  rate of   1 hour for every 35  actual  hour s wo rked ;   however, an employer is not required to 
a l low accrual of over 1 hour in a calendar week  or  more than 40 hours in a benefit  year.   A benefit  year is any consecutive 12 -
month  period  used  by  an  employer  to  calcu late  an   eligible  employe e’s  benefits.   E mplo yees  can  carry  over  up  to  40  hours  of 
unused ac c rued paid medical leave from one benefit year to the next; however,  employers are  not required to allow employees 
to  use more than 40 hours in a single benefit year.   An emp loyer may   provide the total amou nt o f pai d medical leave all at once 
by providing  a t   least 40 hours  at the beginning of the ben efit  year or on the date   that   the individual becomes eligible during the 
benefit year on a prorated basis. If an employer  adopts  this  practice , it does not have  to p ermit employees to carry over unused 
leave to t h e next benefit year.     ( See section  3 of   t he   Paid Medical Leave Act ,  2018  Pu blic  Act   33 8 ) .   
Paid Medical Leave Usage  
An  employee  may  use  paid  medical  leave  as  it  is   accrued  except  an  employer  may  require  an  employee  to  wait  until  the 
90 th
  cal enda r  day   after  commencing  employment  before  using  accrued  paid  medical  leave.   Paid   medical  leave  must  be 
used  in  1 - hour  increments  unless  the  employer  has  a  different  increment  p olicy  set  forth  in  writing  in  an  employee 
handbook  or  other  employee  benefit  docu ment .   Employees  must  follow  the  employer’s  usual   and  customary  notice, 
procedur a l,  and  documentation  requireme nt s   for  requesting  leave.  The  employee  must  be  allowed  at  least  3   days  to 
provide documentation.   Employees may take paid medical leave for   any   of   the  f ollowing:  
• Physical or mental illness, injury, or health condition of the e m ployee or his or her family member
• Medical diagnosis, care, or treatment of the  employee or em p loyee’s family member
• Preventative care of the employee or his or her family memb er
• C l osure of the employee’s  primary work place by order of a public official   du e   to a public health emergency
• T he   care  of his or her  child whose school or place   of care has b e en closed by order of a public official   due to a
public health emergency
• T he  empl oyee ’ s   or  his  or  her  family  member’s  exposure  to  a  communicable  disease  that  wo u ld  jeopardize  the
health of others   as determined by health authorities or a heal th care provid e r
For  domestic  violence  and  sexual  assault  situations,  employees  may  use  paid   med ical   leave  for  any  of  the 
following :  
• M edical care or psychological or other cou n seling
• R eceiv ing   services from a victim services organization
• Relocation   and o btain ing   legal s e rvices
• P articipat ion   in  civil or criminal proceedings related to or resulting fro m the   d omestic violence or sexual  assault
E m ployee  Right s  
  A n employee may  file  a com p laint with the De partment of  Licensing and Regulatory Affairs   within 6 mon ths of the al l eged 
v iolation .  LARA   shall   investigate a comp l ai nt  and   at temp t   mediation ,   wh ere appropri ate.  
Penalties  
I f  informal  resolution  is  unsuccessful   and  a  violation  found ,   pay ment  of  p aid  medical  leave  improperly  withheld  will  be 
requested  and   penalties  may  be  i m pose d.   An  employ er  who  fails  to  provide  paid  medical  leave  is  subject  to  an 
administrative fine   of   not  more than $1,000.00 . An employer who willingly violates the posti ng requir ement is subject to  an  
administrative fin e   of not more than $1 00.00   for each s e parate violation .  
* For precise language of the s tatute ,   see Public Act 338  of 2018, as   amended