The Michigan Earned Sick Time Act (ESTA) is a state statute that went into effect on February 21, 2025, requiring employers to provide paid time off to eligible employees for their own or their family member’s medical needs and for purposes related to domestic violence and sexual assault.

Yes.

The Act requires employers to provide paid family and medical leave, as well as leave for domestic violence/sexual assault reasons, to eligible employees at the rate of one hour for every 30 hours worked. Eligible employees may use up to 72 hours per benefit year (MSU’s fiscal year – July 1 – June 30). While most employees already earn more paid time off than required by the Act, MSU has multiple groups of eligible employees who do not earn paid time off and will start accruing paid earned sick time. In addition, there are groups of non-union support staff who already earn paid sick time who will be covered by the new interim policy that provides additional ESTA requirements.

The Michigan Earned Sick Time Act replaces the PMLA on February 21, 2025. Time earned from the PMLA does not carry over and is not subject to payout. Any time unused is forfeited.

The Michigan legislature made changes to the law at the last minute – the day before it was signed into law and became effective. The legislature did not change the effective date. Michigan employers, including MSU, had to react very quickly to the new law and its amendments.

The ESTA statutory language uses the term “victim” to describe one of the reasons for which the leave may be used – if someone has experienced sexual assault or domestic violence. The ESTA Policy and associated documents at the university uses the statutory language to describe the rights employees have under the ESTA.  A footnote in the policy explains this as well.

The following employees are eligible under the new ESTA Policy:

• Non-union temporary employees*
• Non-union on-call employees
• Student employees

Other employee types—MSU support staff, faculty, and academic staff—already receive family and sick leave in a greater amount than required by the ESTA and will, therefore, not by covered by the ESTA Policy. However, an Interim Earned Sick Time Act Policy for Non-Union Support Staff does apply, providing some adjustments to the way in which family and sick leave is handled for non-union support staff. In addition, union support staff will be subject to the Act as their collective bargaining agreements expire. 

*Non-union temporary employees earned Paid Medical Leave Act (PMLA) leave under the PMLA Policy. This policy will be replaced by the new ESTA Policy.

On February 21, 2025, existing eligible employees will begin earning ESTA and are eligible to use ESTA, per the requirements in the Policy, as it is earned. Eligible employees hired on or after February 21, 2025, will begin earning ESTA upon hire, but will be subject to a 120 calendar-day waiting period prior to using it. The new ESTA policy contains the details. 

Yes. An eligible employee may use up to a maximum of 72 hours per benefit year.  

MSU Fiscal Year, July 1 through June 30.

Yes; however, they may not roll over or use more than 72 hours per benefit year.  

Domestic partner means an adult in a committed relationship with another adult, including both same-sex and different-sex relationships.

A relationship in which the employee and another individual share responsibility for a significant measure of each other’s common welfare, such as any relationship between individuals of the same or different sex that is granted legal recognition by a state, political subdivision, or the District of Columbia as a marriage or analogous relationship, including, but not limited to, a civil union.

Yes, as long as all other policy provisions are met.

No. 

Not until the employee has been absent for more than three consecutive days and not without consultation with HR or Faculty and Academic Staff Affairs (FASA).

Paid leave may be used if the employee or employee’s family member has experienced domestic violence or sexual assault:

• for medical care,
• for psychological or other counseling for physical or psychological injury or disability,
• to obtain services from a victim services organization,
• to relocate due to domestic violence or sexual assault,
• to obtain legal services,
• to participate in any civil or criminal proceedings related to or resulting from the domestic violence or sexual assault.

Any permissible account on the employee’s record, and within the employing unit when the ESTA is being used.

No; however, a report will be available in mid-April for supervisors and unit time administrators in EBS called Earned Sick Time Act.

The recommendation would be to run it biweekly prior to the payroll time due date.

Yes, you may use the Earned Sick Time Act report to see the details of how many hours have been worked, earned, and used. The existing Recorded Time Entries report is also available and gives supervisors and time administrators options to look at all recorded time.

This is due to the security roles in EBS, and this is accounted for when the Earned Sick Time Act report launches in spring of 2025. Units will be able to see the total of all hours across all units at that time. In the meantime, you are welcome to communicate with the student employee to help estimate, or reach out to Human Resources at solutionscenter@hr.msu.edu and HR can help run reports to total the hours worked.

All employees with the manager self-service (MSS) or unit time administrator role in EBS will have access to the report. If you need access to the report, please contact your unit administrator to discuss EBS roles.

The report will only have eligible employees (e.g., students, on-calls, temporary, etc.) populate. If you do not have any of these employee types reporting to you, then the report may be empty.

Since many student employees, temporary, and on-call employees have multiple assignments (jobs) at once, there is not a systematic solution that allows one sick time quota bucket. However, the Earned Sick Time Act report will combine hours for multiple assignments allowing units to see total ESTA hours earned and used to help MSU and units comply with the new legislation.  

No. ESTA leave may be used in full hour or tenth of an hour (6 minute) increments.

No. ESTA is only earned in full hour increments. If an employee has worked 25 hours, they have earned 0 hours of ESTA. If the same employee has worked 35 hours, they have earned 1 full hour of ESTA time.

The Earned Sick Time Act report will provide the details regarding ESTA leave earned, used, and available. Since MSU is a single employer, all jobs will be totaled together to determine time earned, used, and available. If the student employee needs to use any time off, the department for which they are scheduled to work would be responsible to fund the time off.

No, you cannot ask for a doctor’s note until the employee was absent more than three consecutive days (consecutive scheduled workdays). At that point, if you are going to ask for a doctor’s note, you must consult with HR or FASA.

Yes. The unit is responsible for paying all out-of-pocket expenses the employee incurs in obtaining the medical documentation.

Yes. Employers cannot request documentation related to leave for sexual assault or domestic violence that includes details of the violence or sexual assault. Supervisors must work with HR or FASA to do so.

The following types of documentation related to domestic violence or sexual assault are satisfactory for this purpose:

• Police report indicating the employee or employee’s family member has experienced domestic violence or sexual assault.
• Signed statement from a victim and witness advocate affirming the employee or employee’s family member is receiving services from a victim services organization.
• Court document indicating the employee or employee’s family member is involved in legal action related to domestic violence or sexual assault.

The student employee would earn one ESTA hour of paid time off for every 30 hours worked between both jobs. If the student worked 22 hours in one position and 8 hours in another position, they would have one ESTA hour to use in either position, whenever they were to need it. As far as the total amount of ESTA time available, the Earned Sick Time Act report will give a total amount of time earned between both jobs.

Yes, the employees time balance would carry over, and begin accruing additional hours, since they were re-hired within the 2-month period set by the ESTA rules. However, the employee would not be able to use ESTA time until the 120-calendar day waiting period has been met for new employees.

Yes, employees rehired within the 2-month period are considered to have continued employment for purposes of ESTA and the 120-calendar day waiting period.

No. Although an employee may choose to not be in the union and not pay dues, they are still subject to the union contract/CBA, and therefore these policies would not apply to them until the CBA were to expire.

No, employees must request the use of their ESTA time.

No. Employees must still follow all department and university call in procedures. No call no shows will be treated as such.

Yes, attendance code 2914 will be designated for ESTA time off and available for students to select in the same manner as they currently enter hours worked using code 2020.