How does sick leave accrue under the Michigan Earned Sick Time Act?

Under 2025 Public Act 2 (MCL 408.963), covered employees accrue 1 hour of earned sick time for every 30 hours worked. The statute does not place an absolute ceiling on the number of hours an employee may accrue.

What is the difference between small and non-small employers under Michigan ESTA?

Employers with 11 or more employees must provide up to 72 hours of paid earned sick time per year. Small employers with 10 or fewer employees must provide up to 40 hours of paid earned sick time per year (effective October 1, 2025, or up to 3 years from the date of hiring their first employee for eligible small businesses that hired their first employee after February 21, 2022).

When can employees begin using their accrued sick time in Michigan?

Under MCL 408.963(4), employees may use earned sick time as it is accrued, but employers may establish a waiting period of up to 120 calendar days following the date of hire before new employees are permitted to use accrued time.

Michigan Earned Sick Time Act • 2025 PA 2 • MCL 408.961 et seq.

Michigan Earned Sick Time Act (ESTA) Calculator

Audit earned sick leave accrual and usage under Michigan's revived Earned Sick Time Act (2025 PA 2). Calculate accrual at 1 hour per 30 hours worked, enforce annual paid use limits (72 hours for employers with 11+ employees; 40 hours for small employers with 10 or fewer employees), verify carryover rights, and audit 120-day waiting periods.

Michigan Earned Sick Time Act (ESTA) Calculator

Calculate statutory sick leave accrual under 2025 PA 2 (1 hour per 30 hours worked), evaluate annual usage limits (72h non-small vs 40h small), audit the 120-day waiting period, and check phase-in dates.

Countable Hours Worked in Michigan (Post-Effective Date) *

MCL 408.963: Only hours worked on or after your employer's legal effective date (Feb 21, 2025 for 11+ workers; Oct 1, 2025 for 10 or fewer workers) accrue statutory leave.

Employer Headcount Tier *

Leave Provision Method

Evaluation / Work Date

Employment Timeline & Waiting Period Audit

Employment Start Date (Required to audit 120-day waiting period)

Employers using the accrual method may impose a waiting period up to the 120th calendar day from hire.

Employer 120-Day Usage Waiting Period Policy *

Under MCL 408.963(2), employers using the accrual method may—but are not required to—impose a waiting period up to 120 calendar days from hire.

Employee is salaried FLSA EAP exempt (deemed 40 hours/week)

Leave Balance Tracking (Hours)

Frontloaded Hours

Carried-Over / Prior Hours

Used Sick Hours

Hourly Wage ($/hr, for pay estimate)

Understanding Michigan Earned Sick Time Law

Accrual Rate & Effective Dates

Following the Michigan Supreme Court's landmark decision and 2025 PA 2, all employees accrue 1 hour of earned sick time for every 30 hours worked. The statute took effect February 21, 2025 for employers with 11 or more employees, while small businesses (10 or fewer employees) were granted until October 1, 2025 (or up to 3 years from the date of hiring their first employee for businesses that hired their first employee after February 21, 2022).

Annual Use Caps & Carryover

While accrual continues without an absolute statutory ceiling, employers may limit paid annual usage to 72 hours (non-small employers) or 40 hours (small employers). Unused accrued time carries over to the subsequent year up to the applicable annual cap. Employers may frontload sick time or allow accrual on each paycheck.

Need comprehensive statutory analysis, qualifying reasons, and notice requirements?Read the Complete Michigan Earned Sick Time Guide →