MCL - Act 338 of 2018
***** Act 338 of 2018 THIS TITLE, BEGINNING WITH "AN ACT," IS NULLIFIED EFFECTIVE FEBRUARY 21, 2025. THIS REVIVED TITLE BEGINNING WITH "AN INITIATION OF LEGISLATION," IS EFFECTIVE FEBRUARY 21, 2025 *****
AN ACT to require certain employers to provide certain employees with paid medical leave for personal or family health needs, as well as purposes related to domestic violence and sexual assault; to specify the conditions for accruing and using paid medical leave; to prescribe powers and duties of certain state departments, agencies, and officers; and to provide remedies and sanctions. An initiation of legislation to provide workers with the right to earn sick time for personal or family health needs, as well as purposes related to domestic violence and sexual assault and school meetings needed as the result of a child’s disability, health issues or issues due to domestic violence and sexual assault; to specify the conditions for accruing and using earned sick time; to prohibit retaliation against an employee for requesting, exercising, or enforcing rights granted in this act; to prescribe powers and duties of certain state departments, agencies, and officers; to provide for promulgation of rules; and to provide remedies and sanctions.
History: 2018, Act 338, Eff. Mar. 29, 2019
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Am. 2018, Act 369, Eff. Mar. 29, 2019
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2018, Act 338, Eff. Feb. 21, 2025
Compiler's Notes: See Mothering Justice v Attorney General, case no. 165325, July 31, 2024. The Michigan Supreme Court held that 2018 PA 369 was unconstitutional and, therefore void and revived the original initiative as enacted by the Legislature on September 5, 2018, effective February 21, 2025.
| Document | Type | Description |
|---|---|---|
| Section 408.961 | Section | Short title. |
| Section 408.961.amended | Section | Short title. |
| Section 408.962 | Section | Definitions. |
| Section 408.962.amended | Section | Definitions. |
| Section 408.963 | Section | Paid medical leave to be provided by employer; accrual; use; carry over for benefit year; pay rate; "hours worked" and "paid leave" defined. |
| Section 408.963.amended | Section | Earned sick time to be provided by employer; accrual; use; "year" defined; workweek; compliance; pay rate; "normal hourly wage" defined; replacement worker not required. |
| Section 408.964 | Section | Paid medical leave; permissible uses; advance notice; incremental use; documentation; disclosure of details relating to domestic violence or sexual assault or family member's medical condition; other purposes. |
| Section 408.964.amended | Section | Earned sick time; permissible uses; advance notice; incremental use; documentation; disclosure of details relating to domestic violence or sexual assault or family member's medical condition; other purposes. |
| Section 408.965 | Section | Transfer of employee to separate division, entity, or location; retention of paid medical leave; unused paid medical leave. |
| Section 408.965.amended | Section | Transfer of employee to separate division, entity, or location; retention of earned sick time; reinstatement; successor employer; unused earned sick time. |
| Section 408.966 | Section | Repealed. 2018, Act 369, Eff. Mar. 29, 2019 |
| Section 408.966.added | Section | Exercise of rights under act; interference, restraint, or denial prohibited; retaliatory personnel action or discrimination prohibited; absence control policy leading to or resulting in retaliatory personnel action prohibited; person mistakenly alleging violation; rebuttable presumption of violation. |
| Section 408.967 | Section | Violation of act; actions by employee; enforcement by department; administrative fine. |
| Section 408.967.amended | Section | Violation of act; actions by employee; enforcement by director; civil remedies; civil fine. |
| Section 408.968 | Section | Display of poster notice to employee; contents; availability. |
| Section 408.968.amended | Section | Written notice to employee; contents; language; display of poster; creation by department; availability. |
| Section 408.969 | Section | Repealed. 2018, Act 369, Eff. Mar. 29, 2019 |
| Section 408.969.added | Section | Multilingual outreach program. |
| Section 408.970 | Section | Retention of records; open for inspection. |
| Section 408.970.amended | Section | Retention of records. |
| Section 408.971 | Section | Scope and limitation of act. |
| Section 408.971.amended | Section | Other law, regulation, requirement, policy, or standard, including collective bargaining agreement; scope and limitation of act. |
| Section 408.972 | Section | Collective bargaining agreement. |
| Section 408.973 | Section | Repealed. 2018, Act 369, Eff. Mar. 29, 2019. |
| Section 408.973.added | Section | Rules. |
| Section 408.974 | Section | Severability. |
| Section 408.974.amended | Section | Severability. |