Michigan Employers Should Prepare for February 21 Deadline for Earned Sick Time Act Notice and Posting Requirements

Barring last minute intervention from the state legislature, Michigan employers will need to start complying with the requirements of the Earned Sick Time Act (“ESTA”) next week on February 21. The law’s requirements are discussed in detail here, While both the Michigan House and the Senate have introduced bills attempting to modify ESTA (with one House bill passing in January), it is unlikely that either will pass the necessary legislation in time to avoid the February 21, 2025, deadline, and ESTA will go into effect as written.

For an overview of the law, Michigan employers should review the FAQs published by the Michigan Department of Labor and Economic Opportunity (“LEO”), discussed here and here.

In addition to ensuring that systems and employee policies are updated, Michigan employers will also need to prepare to comply with ESTA posting and notice requirements that kick in on February 21.

Employer Posting Requirements

Michigan employers must display a poster detailing specific employee rights in a conspicuous place that is accessible to all eligible employees.

LEO has provided a compliant poster available for download at no cost, available here:

Earned Sick Time- Required Poster English language version 

A Spanish-language version of the poster is available here:

Earned Sick Time Act - Required Poster (Spanish)

We also expect an Arabic-language version of the poster to be released by LEO in the future.

Please note that employers will need to fill in the 12-month benefit year for purposes of ESTA at the top of the poster prior to posting.

Employer Notice Requirements

All covered employers are also required to provide each current employee, and all new employees on an ongoing basis, with written notice advising them of their rights under ESTA. Such notice must include an explanation of how much earned sick time may be accrued, how earned sick time can be used, and list the employer’s designated year for ESTA purposes. 

Employers are required to provide notices to employees in English, Spanish and any other language that is spoken by at least ten percent (10%) of the employe’s workforce.

Sending all employees the poster provided by LEO (linked above), with the benefit year filled out at the top, is a good way to ensure that employers are compliant with this notice requirement.  LEO has also prepared a brochure that may be sent to employees in addition to the poster in order to provide more information:

An Overview of the Earned Sick Time Act

An Overview of the Earned Sick Time Act- Spanish

Timeline for Compliance and Continuing Obligations

Michigan employers are required to provide notice and comply with posting requirements as of ESTA’s implementation date of February 21, 2025.  ESTA posters should remain in an accessible location indefinitely, and notice must continue to be provided to all new employees, at time of hire, starting on February 21, 2025.

Clients can reach out to one of Honigman’s Labor and Employment attorneys here with any questions about ESTA compliance or for further assistance.