Michigan Department o - PDF document

1 Michigan Department o f Licensing and R
Michigan Department o f Licensing and Regulatory Affairs Wage and Hour Division PO Box 30476 Lan s ing, M I 4 8909 - 7976 GRETC HEN W H ITMER RE QUIRED POSTER ORL ENE HAWKS GOVERNOR GENERAL REQUIREMENTS – P AID MEDICAL LEA VE ACT * DIRECTOR LAR A is an equal opportunity employ er/program. Auxiliary aids, services a nd other reasonable accommo dations are availab l e , u pon request , to indi viduals with dis abilities. www.michigan.gov/wagehour • Toll Free 1 - 855 - 4MI - WAGE (1 - 855 - 464 - 9243) W HD 9904 (Revised • 1 /201 9 ) Coverage The Paid Medical Leave Act , 2018 Pu blic Act 33 8 , as amended by 2018 Public Act 369 , effective March 29, 201 9, covers employers who employ 50 or more in dividuals . The act covers indiv id uals engaged in service to an employer in the business of the empl oyer and from whom a n employer is required to withhold for federal income tax purposes . An el i gible employee does not inc lude executive, admi nistrative, and professional overtime exempt employees, employees covered by a pr i vate colle ctive bargaining ag reem ent that is in effe c t , employees of the Unit ed States government, another state, or a political subdivision of another state , in dividual s who se prima ry work location is not in this state, individual s 16 - 19 years of age being paid the youth training wag e in accordance with th e Improved Workfo r ce Opport unity Wage Act, te mp orary employees as described in the Michigan Employment Security Act, variable hour employees as defined by 26 C FR 54.4980H - 1, employees covere d by the Railway Labor Act and Railroad Une mplo yment Insur ance Act , i ndividual s employed by an employer for 25 weeks or fewer in a calendar year for a job scheduled for 25 weeks or fewer , individual s who worked, on average, fewer than 25 h ours pe r week during the immediately preceding calendar year . ( Se e section 2 of The Paid Medical Leave Act , 2018 Pu blic Act 33 8 .) Paid Medical Leave A c crual Paid medical leave a ccrual begins on March 29, 2019 , or upon commencement of the employee’s employment, whichever is later . Paid medical leave is accrued at a rate of 1 hour for every 35 actual hour s wo rked ; however, an employer is not required to a l low accrual of over 1 hour in a calendar week or more than 40 hours in a benefit year. A benefit year is any consecutive 12 - month period used by an employer to calcu late an eligible employe e’s benefits. E mplo yees can carry over up to 40 hours of unused ac c rued paid medical leave from one benefit year to the next; however, employers are not required to allow employees to use more than 40 hours in a single benefit year. An emp loyer may provide the total amou nt o f pai d medical leave all at once by providing a t least 40 hours at the beginning of the ben efit year or on the date that the individual becomes eligible during the benefit year on a prorated basis. If an employer adopts this practice , it does not have to p ermit employees to carry over unused leave to t h e next benefit year. ( See section 3 of t he Paid Medical Leave Act , 2018 Pu blic Act 33 8 ) . Paid Medical Leave Usage An employee may use paid medical leave as it is accrued except an employer may require an employee to wait until the 90 th cal enda r day after commencing employment before using accrued paid medical leave. Paid medical leave must be used in 1 - hour increments unless the employer has a different increment p olicy set forth in writing in an employee handbook or other employee benefit docu ment . Employees must follow the employer’s usual and customary notice, procedur a l, and documentation requireme nt s for requesting leave. The employee must be allowed at least 3 days to provide documentation. Employees may take paid medical leave for any of the f ollowing: • Physical or mental illness, injury, or health condition of the e m ployee or his or her family member • Medical diagnosis, care, or treatment of the employee or em p loyee’s family member • Preventative care of the employee or his or her family memb er • C l osure of the employee’s primary work place by order of a public official du e to a public health emergency • T he care of his or her child whose school or place of care has b e en closed by order of a public official due to a public health emergency • T he empl oyee ’ s or his or her family member’s exposure to a communicable disease that wo u ld jeopardize the health of others as determined by health authorities or a heal th care provid e r For domestic violence and sexual assault situations, employees may use paid med ical leave for any of the following : • M edical care or psychological or other cou n seling • R eceiv ing services from a victim services organization • Relocation and o btain ing legal s e rvices • P articipat ion in civil or criminal proceedings related to or resulting fro m the d omestic violence or sexual assault E m ployee Right s A n employee may file a com p laint with the De partment of Licensing and Regulatory Affairs within 6 mon ths of the al l eged v iolation . LARA shall investigate a comp l ai nt and at temp t mediation , wh ere appropri ate. Penalties I f informal resolution is unsuccessful and a violation found , pay ment of p aid medical leave improperly withheld will be requested and penalties may be i m pose d. An employ er who fails to provide paid medical leave is subject to an administrative fine of not more than $1,000.00 . An employer who willingly violates the posti ng requir ement is subject to an administrative fin e of not more than $1 00.00 for each s e parate violation . * For precise language of the s tatute , see Public Act 338 of 2018, as amended GRETC HEN W H ITMER GOVERNOR Michigan Department ofWage and Hour Division QUIRED POSTER PAID MEDICAL DIRECTOR is an equal opportunity employer/program. Auxiliary aids, services and other reasonabaccommodations are available, urequest, to individuals with disabilities. Free 1-8-4MI-WAGE (1-8 Coverage The Paid Medical Leave Act , 2018 Pu blic Act 33 8 , as amended by 2018 Public Act 369 , effective March 29, 201 9, covers employers who employ 50 or more in dividuals . The act covers indiv id uals engaged in service to an employer in the business of the empl oyer and from whom a n employer is required to withhold for federal income tax purposes . An el i gible employee does not inc lude executive, admi nistrative, and professional overtime exempt employees, employees covered by a pr i vate colle ctive bargaining ag reem ent that is in effe c t , employees of the Unit ed States government, another state, or a political subdivision of another state , in dividual s who se prima ry work location is not in this state, individual s 16 - 19 years of age being paid the youth training wag e in accordance with th e Improved Workfo r ce Opport unity Wage Act, te mp orary employees as described in the Michigan Employment Security Act, variable hour employees as defined by 26 C FR 54.4980H - 1, employees covere d by the Railway Labor Act and Railroad Une mplo yment Insur ance Act , i ndividual s employed by an employer for 25 weeks or fewer in a calendar year for a job scheduled for 25 weeks or fewer , individual s who worked, on average, fewer than 25 h ours pe r week during the immediately preceding calendar year . ( Se e section 2 of The Paid Medical Leave Act , 2018 Pu blic Act 33 8 .) Paid Medical Leave A c crual Paid medical leave a ccrual begins on March 29, 2019 , or upon commencement of the employee’s employment, whichever is later . Paid medical leave is accrued at a rate of 1 hour for every 35 actual hour s wo rked ; however, an employer is not required to a l low accrual of over 1 hour in a calendar week or more than 40 hours in a benefit year. A benefit year is any consecutive 12 - month period used by an employer to calcu late an eligible employe e’s benefits. E mplo yees can carry over up to 40 hours of unused ac c rued paid medical leave from one benefit year to the next; however, employers are not required to allow employees to use more than 40 hours in a single benefit year. An emp loyer may provide the total amou nt o f pai d medical leave all at once by providing a t least 40 hours at the beginning of the ben efit year or on the date that the individual becomes eligible during the benefit year on a prorated basis. If an employer adopts this practice , it does not have to p ermit employees to carry over unused leave to t h e next benefit year. ( See section 3 of t he Paid Medical Leave Act , 2018 Pu blic Act 33 8 ) . Paid Medical Leave Usage An employee may use paid medical leave as it is accrued except an employer may require an employee to wait until the 90 th cal enda r day after commencing employment before using accrued paid medical leave. Paid medical leave must be used in 1 - hour increments unless the employer has a different increment p olicy set forth in writing in an employee handbook or other employee benefit docu ment . Employees must follow the employer’s usual and customary notice, procedur a l, and documentation requireme nt s for requesting leave. The employee must be allowed at least 3 days to provide documentation. Employees may take paid medical leave for any of the f ollowing: Physical or mental illness, injury, or health condition of the e m ployee or his or her family member Medical diagnosis, care, or treatment of the employee or em p loyee’s family member Preventative care of the employee or his or her family memb er C l osure of the employee’s primary work place by order of a public official du e to a public health emergency T he care of his or her child whose school or place of care has b e en closed by order of a public official due to a public health emergency T he empl oyee s or his or her family member’s exposure to a communicable disease that wo u ld jeopardize the health of others as determined by health authorities or a heal th care provid e r For domestic violence and sexual assault situations, employees may use paid med ical leave for any of the following : M edical care or psychological or other cou n seling R eceiv ing services from a victim services organization Relocation and o btain ing legal s e rvices P articipat ion in civil or criminal proceedings related to or resulting fro m the d omestic violence or sexual assault E m ployee Right s A n employee may file a com p laint with the De partment of Licensing and Regulatory Affairs within 6 mon ths of the al l eged v iolation . LARA shall investigate a comp l ai nt and at temp t mediation , wh ere appropri ate. Penalties I f informal resolution is unsuccessful and a violation found , pay ment of p aid medical leave improperly withheld will be requested and penalties may be i m pose d. An employ er who fails to provide paid medical leave is subject to an administrative fine of not more than $1,000.00 . An employer who willingly violates the posti ng requir ement is subject to an administrative fin e of not more than $1 00.00 for each s e parate violation . * For precise language of the s tatute , see Public Act 338 of 2018, as amended GRETC HEN W H ITMER GOVERNOR Michigan Department ofWage and Hour Division QUIRED POSTER PAID MEDICAL DIRECTOR Auxiliaraidsserviceanothereasonabaccommodationaravailablerequestindividuawitdisabilities. Coverage The Paid Medical Leave Act , 2018 Pu blic Act 33 8 , as amended by 2018 Public Act 369 , effective March 29, 201 9, covers employers who employ 50 or more in dividuals . The act covers indiv id uals engaged in service to an employer in the business of the empl oyer and from whom a n employer is required to withhold for federal income tax purposes . An el i gible employee does not inc lude executive, admi nistrative, and professional overtime exempt employees, employees covered by a pr i vate colle ctive bargaining ag reem ent that is in effe c t , employees of the Unit ed States government, another state, or a political subdivision of another state , in dividual s who se prima ry work location is not in this state, individual s 16 - 19 years of age being paid the youth training wag e in accordance with th e Improved Workfo r ce Opport unity Wage Act, te mp orary employees as described in the Michigan Employment Security Act, variable hour employees as defined by 26 C FR 54.4980H - 1, employees covere d by the Railway Labor Act and Railroad Une mplo yment Insur ance Act , i ndividual s employed by an employer for 25 weeks or fewer in a calendar year for a job scheduled for 25 weeks or fewer , individual s who worked, on average, fewer than 25 h ours pe r week during the immediately preceding calendar year . ( Se e section 2 of The Paid Medical Leave Act , 2018 Pu blic Act 33 8 .) Paid Medical Leave A c crual Paid medical leave a ccrual begins on March 29, 2019 , or upon commencement of the employee’s employment, whichever is later . Paid medical leave is accrued at a rate of 1 hour for every 35 actual hour s wo rked ; however, an employer is not required to a l low accrual of over 1 hour in a calendar week or more than 40 hours in a benefit year. A benefit year is any consecutive 12 - month period used by an employer to calcu late an eligible employe e’s benefits. E mplo yees can carry over up to 40 hours of unused ac c rued paid medical leave from one benefit year to the next; however, employers are not required to allow employees to use more than 40 hours in a single benefit year. An emp loyer may provide the total amou nt o f pai d medical leave all at once by providing a t least 40 hours at the beginning of the ben efit year or on the date that the individual becomes eligible during the benefit year on a prorated basis. If an employer adopts this practice , it does not have to p ermit employees to carry over unused leave to t h e next benefit year. ( See section 3 of t he Paid Medical Leave Act , 2018 Pu blic Act 33 8 ) . Paid Medical Leave Usage An employee may use paid medical leave as it is accrued except an employer may require an employee to wait until the 90 th cal enda r day after commencing employment before using accrued paid medical leave. Paid medical leave must be used in 1 - hour increments unless the employer has a different increment p olicy set forth in writing in an employee handbook or other employee benefit docu ment . Employees must follow the employer’s usual and customary notice, procedur a l, and documentation requireme nt s for requesting leave. The employee must be allowed at least 3 days to provide documentation. Employees may take paid medical leave for any of the f ollowing: Physical or mental illness, injury, or health condition of the e m ployee or his or her family member Medical diagnosis, care, or treatment of the employee or em p loyee’s family member Preventative care of the employee or his or her family memb er C l osure of the employee’s primary work place by order of a public official du e to a public health emergency T he care of his or her child whose school or place of care has b e en closed by order of a public official due to a public health emergency T he empl oyee s or his or her family member’s exposure to a communicable disease that wo u ld jeopardize the health of others as determined by health authorities or a heal th care provid e r For domestic violence and sexual assault situations, employees may use paid med ical leave for any of the following : M edical care or psychological or other cou n seling R eceiv ing services from a victim services organization Relocation and o btain ing legal s e rvices P articipat ion in civil or criminal proceedings related to or resulting fro m the d omestic violence or sexual assault E m ployee Right s A n employee may file a com p laint with the De partment of Licensing and Regulatory Affairs within 6 mon ths of the al l eged v iolation . LARA shall investigate a comp l ai nt and at temp t mediation , wh ere appropri ate. Penalties I f informal resolution is unsuccessful and a violation found , pay ment of p aid medical leave improperly withheld will be requested and penalties may be i m pose d. An employ er who fails to provide paid medical leave is subject to an administrative fine of not more than $1,000.00 . An employer who willingly violates the posti ng requir ement is subject to an administrative fin e of not more than $1 00.00 for each s e parate violation . * For precise language of the s tatute , see Public Act 338 of 2018, as amended GRETC HEN W H ITMER GOVERNOR Michigan Department ofWage and Hour Division QUIRED POSTER PAID MEDICAL DIRECTOR Auxiliaraidsserviceanothereasonabaccommodationaravailablerequestindividuawitdisabilities. Coverage The Paid Medical Leave Act , 2018 Pu blic Act 33 8 , as amended by 2018 Public Act 369 , effective March 29, 201 9, covers employers who employ 50 or more in dividuals . The act covers indiv id uals engaged in service to an employer in the business of the empl oyer and from whom a n employer is required to withhold for federal income tax purposes . An el i gible employee does not inc lude executive, admi nistrative, and professional overtime exempt employees, employees covered by a pr i vate colle ctive bargaining ag reem ent that is in effe c t , employees of the Unit ed States government, another state, or a political subdivision of another state , in dividual s who se prima ry work location is not in this state, individual s 16 - 19 years of age being paid the youth training wag e in accordance with th e Improved Workfo r ce Opport unity Wage Act, te mp orary employees as described in the Michigan Employment Security Act, variable hour employees as defined by 26 C FR 54.4980H - 1, employees covere d by the Railway Labor Act and Railroad Une mplo yment Insur ance Act , i ndividual s employed by an employer for 25 weeks or fewer in a calendar year for a job scheduled for 25 weeks or fewer , individual s who worked, on average, fewer than 25 h ours pe r week during the immediately preceding calendar year . ( Se e section 2 of The Paid Medical Leave Act , 2018 Pu blic Act 33 8 .) Paid Medical Leave A c crual Paid medical leave a ccrual begins on March 29, 2019 , or upon commencement of the employee’s employment, whichever is later . Paid medical leave is accrued at a rate of 1 hour for every 35 actual hour s wo rked ; however, an employer is not required to a l low accrual of over 1 hour in a calendar week or more than 40 hours in a benefit year. A benefit year is any consecutive 12 - month period used by an employer to calcu late an eligible employe e’s benefits. E mplo yees can carry over up to 40 hours of unused ac c rued paid medical leave from one benefit year to the next; however, employers are not required to allow employees to use more than 40 hours in a single benefit year. An emp loyer may provide the total amou nt o f pai d medical leave all at once by providing a t least 40 hours at the beginning of the ben efit year or on the date that the individual becomes eligible during the benefit year on a prorated basis. If an employer adopts this practice , it does not have to p ermit employees to carry over unused leave to t h e next benefit year. ( See section 3 of t he Paid Medical Leave Act , 2018 Pu blic Act 33 8 ) . Paid Medical Leave Usage An employee may use paid medical leave as it is accrued except an employer may require an employee to wait until the 90 th cal enda r day after commencing employment before using accrued paid medical leave. Paid medical leave must be used in 1 - hour increments unless the employer has a different increment p olicy set forth in writing in an employee handbook or other employee benefit docu ment . Employees must follow the employer’s usual and customary notice, procedur a l, and documentation requireme nt s for requesting leave. The employee must be allowed at least 3 days to provide documentation. Employees may take paid medical leave for any of the f ollowing: Physical or mental illness, injury, or health condition of the e m ployee or his or her family member Medical diagnosis, care, or treatment of the employee or em p loyee’s family member Preventative care of the employee or his or her family memb er C l osure of the employee’s primary work place by order of a public official du e to a public health emergency T he care of his or her child whose school or place of care has b e en closed by order of a public official due to a public health emergency T he empl oyee s or his or her family member’s exposure to a communicable disease that wo u ld jeopardize the health of others as determined by health authorities or a heal th care provid e r For domestic violence and sexual assault situations, employees may use paid med ical leave for any of the following : M edical care or psychological or other cou n seling R eceiv ing services from a victim services organization Relocation and o btain ing legal s e rvices P articipat ion in civil or criminal proceedings related to or resulting fro m the d omestic violence or sexual assault Employee RightAn employee may file complaint with the Department of Lwithin 6 months of the alleged violation.shall investigate a tempt mediation, PenaltiesIf informal resolutiois unsuccessful and a violation found, paymenof paimedical leavimproperly withhelwill be requesteand penalties may bimposeemploywho fails to providpaid medical leavis subjecto an administrative fine than $1,000.00An employer who willingly violates the posting requiremenis subjecadministrative fine of t more than $100.00 for each separate violation. see Public Act of 2018, as amended GRETC HEN W H ITMER GOVERNOR Michigan Department ofWage and Hour Division QUIRED POSTER PAID MEDICAL DIRECTOR Auxiliaraidsserviceanothereasonabaccommodationaravailablerequestindividuawitdisabilities. (1-855-464-924 Coverage The Paid Medical Leave Act , 2018 Pu blic Act 33 8 , as amended by 2018 Public Act 369 , effective March 29, 201 9, covers employers who employ 50 or more in dividuals . The act covers indiv id uals engaged in service to an employer in the business of the empl oyer and from whom a n employer is required to withhold for federal income tax purposes . An el i gible employee does not inc lude executive, admi nistrative, and professional overtime exempt employees, employees covered by a pr i vate colle ctive bargaining ag reem ent that is in effe c t , employees of the Unit ed States government, another state, or a political subdivision of another state , in dividual s who se prima ry work location is not in this state, individual s 16 - 19 years of age being paid the youth training wag e in accordance with th e Improved Workfo r ce Opport unity Wage Act, te mp orary employees as described in the Michigan Employment Security Act, variable hour employees as defined by 26 C FR 54.4980H - 1, employees covere d by the Railway Labor Act and Railroad Une mplo yment Insur ance Act , i ndividual s employed by an employer for 25 weeks or fewer in a calendar year for a job scheduled for 25 weeks or fewer , individual s who worked, on average, fewer than 25 h ours pe r week during the immediately preceding calendar year . ( Se e section 2 of The Paid Medical Leave Act , 2018 Pu blic Act 33 8 .) Paid Medical Leave A c crual Paid medical leave a ccrual begins on March 29, 2019 , or upon commencement of the employee’s employment, whichever is later . Paid medical leave is accrued at a rate of 1 hour for every 35 actual hour s wo rked ; however, an employer is not required to a l low accrual of over 1 hour in a calendar week or more than 40 hours in a benefit year. A benefit year is any consecutive 12 - month period used by an employer to calcu late an eligible employe e’s benefits. E mplo yees can carry over up to 40 hours of unused ac c rued paid medical leave from one benefit year to the next; however, employers are not required to allow employees to use more than 40 hours in a single benefit year. An emp loyer may provide the total amou nt o f pai d medical leave all at once by providing a t least 40 hours at the beginning of the ben efit year or on the date that the individual becomes eligible during the benefit year on a prorated basis. If an employer adopts this practice , it does not have to p ermit employees to carry over unused leave to t h e next benefit year. ( See section 3 of t he Paid Medical Leave Act , 2018 Pu blic Act 33 8 ) . Paid Medical Leave Usage An employee may use paid medical leave as it is accrued except an employer may require an employee to wait until the 90 th cal enda r day after commencing employment before using accrued paid medical leave. Paid medical leave must be used in 1 - hour increments unless the employer has a different increment p olicy set forth in writing in an employee handbook or other employee benefit docu ment . Employees must follow the employer’s usual and customary notice, procedur a l, and documentation requireme nt s for requesting leave. The employee must be allowed at least 3 days to provide documentation. Employees may take paid medical leave for any of the f ollowing: Physical or mental illness, injury, or health condition of the e m ployee or his or her family member Medical diagnosis, care, or treatment of the employee or em p loyee’s family member Preventative care of the employee or his or her family memb er C l osure of the employee’s primary work place by order of a public official du e to a public health emergency T he care of his or her child whose school or place of care has b e en closed by order of a public official due to a public health emergency T he empl oyee s or his or her family member’s exposure to a communicable disease that wo u ld jeopardize the health of others as determined by health authorities or a heal th care provid e r For domestic violence and sexual assault situations, employees may use paid med ical leave for any of the following : M edical care or psychological or other cou n seling R eceiv ing services from a victim services organization Relocation and o btain ing legal s e rvices P articipat ion in civil or criminal proceedings related to or resulting fro m the d omestic violence or sexual assault Employee RightAn employee may file complaint with the Department of Lwithin 6 months of thealleged violation.shall investigate a tempt mediation, PenaltiesIf informal resolutiois unsuccessful and a violation found, paymenof paimedical leavimproperly withhelwill be requesteand penalties may bimposeemploywho fails to providpaid medical leavis subjecto an administrative fine than $1,000.00An employer who willingly violates the posting requiremenis subjecadministrative fine of t more than $100.00 for each separate violation. see Public Act of 2018, as amended