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Expanded paid medical leave for MI employers may be coming in February

December 2022 employment law letter
Authors: 
Gary S. Fealk, Bodman PLC

Employers are anxiously awaiting a decision from the Michigan Court of Appeals that could greatly affect the amount of paid medical leave employers in the state are required to provide. In July 2022, the Michigan Court of Claims ruled the legislature used a constitutionally invalid procedure to amend the Earned Sick Time Act (ESTA). Its decision invalidated the amended law, known as the Michigan Paid Medical Leave Act (MPMLA). The decision was put on hold, however, pending appeal to the Michigan Court of Appeals. At this time, employers are required to comply with the MPMLA.

State of appeal

Currently, briefing for the appeal has been completed, and numerous interested groups have filed amicus briefs (briefs filed by groups that aren’t a party to the case). It’s unclear if there will be a decision by the February 19, 2023, deadline. It’s possible, however, that the stay could be extended if no decision is reached before that date.

Below is a list of the important differences between the two acts:

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