Paid Medical Leave Act: Update and Clarification

As highlighted in the January 31, 2019 edition of School Law Notes, the PMLA becomes
effective March 29, 2019. This article will provide additional information
and clarification regarding the PMLA’s requirements. First, an eligible
employee begins to accrue paid medical leave under the PMLA upon beginning
employ­ment. An employer may, however, require (by policy or handbook language)
that the employee wait 90 calendar days
after the start date before using paid medical leave.

Second, the PMLA requires an employer to post notice of PMLA
rights by March 29, 2019. The form workplace notice posting from the Michigan
Depart­ment of Licensing and Regulatory Affairs is available at Thrun Law
Firm’s website. Go to the “Links” page and select “Required Poster: General
Requirements – Paid Medical Leave Act” under the “Labor Law Links” heading.

Third, although a PMLA policy is not required under the law,
we recommend that your district enact a policy to establish rules and
procedures as authorized by the PMLA.

Finally, an employer complies with the PMLA by providing an
employee 40 hours of paid medical leave at the beginning of a benefit year. The
PMLA does not, however, require such leave to carry over to the next benefit
year. An employer permits leave carryover through collective bargaining
agreements, individual contracts, policy, or handbook provisions.

your school requires assistance implementing the PMLA, please contact your
Thrun Law Firm labor and employment attorney.