Great Lakes Wire

Business organizations and chambers of commerce across Michigan are requesting lawmakers in Lansing to amend the 72-hour Paid Sick Leave Act before its implementation. The Senior Vice President of Business Advocacy at the Michigan Chamber, Wendy Block, highlighted five key changes that are important for the business community.

“We need lawmakers from both sides of the aisle to come together and to find common-sense solutions to make sure that implementation works,” Block said.

Block's first suggestion involves creating an exemption for employers who already meet or exceed the 72-hour threshold, thereby avoiding additional notification and documentation requirements under the law. She argued that forcing employers to categorize 72 hours as sick time would reduce their flexibility in managing paid time off.

“There’s really no reason for those employers who have great policies in place today to have to make wholesale changes,” Block said.

The second proposed exemption is for seasonal employees, temporary employees, and independent contractors. Block noted a lack of clarity in the statute's language regarding these categories of workers, making it difficult for them to accrue enough time to use the benefit effectively.

Businesses also seek clarification on what constitutes “as soon as practicable” notice when using sick leave. According to Block, without clear guidelines, employees might exploit this provision by not notifying their employer and claiming all 72 hours for a “no-call, no-show.”

“No other state has a no-notice ghosting provision in their laws, and we really think that needs to be rethought,” she said.

Another concern is the litigation aspect of the act which allows employees to sue businesses if they face retaliation or discipline for using sick time. Block described this as a potential “litigation nightmare.”

The final change requested is allowing employers to frontload the 72 hours of sick time at the beginning of the year rather than accruing it over worked hours. Although recent guidance from the Department of Labor and Economics (LEO) indicates this practice is permissible under current law, Block emphasized ambiguities remain.

“LEO’s FAQs are not going to do people a lot of good in court,” she said.

Lindsay Case Palsrok, Vice President of Government Affairs at Business Leaders for Michigan, expressed gratitude for LEO’s guidance but underscored that legislative fixes are still necessary.

“Some of LEO’s guidance or FAQs highlight the fact that this is an extremely practical set of problems, and we are offering a very practical set of solutions. They’re not political, and they’re certainly not ideological,” Case Palsrok said.

David Worthams, Director of Employment Policy at Michigan Manufacturers Association, stressed that businesses need stability through statutory clarifications since interpretations can change with different administrations and legislatures.

“Putting these changes, these clarifications into statute provides the permanency that businesses need,” Worthams said.

However, some voices oppose these amendments. Wells pointed out scenarios where immediate notification might be impossible due to emergencies like a family health crisis. She emphasized prioritizing employee health was central to the law's intent.

“If my son is in an ambulance, I probably don’t have the opportunity to call and tell somebody that my son is in an ambulance,” she said.

Wells acknowledged some individuals might misuse paid sick leave but argued most employees would use it responsibly out of necessity rather than exploitation.

“We can’t account for the ‘maybe’ person who might do something they shouldn’t do versus the single mother who needs to take time from work because her kid is sick,” she concluded.

Article courtesy MIRS News for SBAM’s Lansing Watchdog newsletter