Paid Medical Leave Act: Update and Clarification

March 11th, 2019

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