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Do I still qualify under the Paid Medical Leave Act to take medical leave?
The Paid Medical Leave Act (PMLA) became effective on March 29, 2019.
There are 12 categories of employees that are not eligible for PMLA. You can view the complete list and a copy of the act at our website, www.michigan.gov/wagehour.
PMLA allows an eligible employee to use 40 hours of leave time in a benefit year. The employee must follow the employer's usual and customary practices for requesting leave. Under Section 3(5) of the act, there is a rebuttable presumption. A conclusion as to the existence or nonexistence of a fact that a judge or jury must draw when certain evidence has been introduced and admitted as true in a lawsuit but that can be contradicted by evidence to the contrary. Presumed to be in compliance until proven otherwise.
that an employer is in compliance with this act if the employer provides at least 40 hours of paid leave to an eligible employee each benefit year.
(1) An employer shall allow an eligible employee to use paid medical leave accrued for any of the following:
- The eligible employee's mental or physical illness, injury or health condition; medical diagnosis, care or treatment of the eligible employee's mental or physical illness, injury or health condition; or preventative medical care for the eligible employee.
- (b) The eligible employee's family member's mental or physical illness, injury or health condition; medical diagnosis, care or treatment of the eligible employee's family member's mental or physical illness, injury or health condition; or preventative medical care for a family member of the eligible employee.
- (c) If the eligible employee or the eligible employee's family member is a victim of domestic violence or sexual assault, the medical care or psychological or other counseling for physical or psychological injury or disability; to obtain services from a victim services organization; to relocate due to domestic violence or sexual assault; to obtain legal services; or to participate in any civil or criminal proceedings related to or resulting from the domestic violence or sexual assault.
- (d) For closure of the eligible employee's primary workplace by order of a public official due to a public health emergency; for an eligible employee's need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency; or if it has been determined by the health authorities having jurisdiction or by a health care provider that the eligible employee's or eligible employee's family member's presence in the community would jeopardize the health of others because of the eligible employee's or family member's exposure to a communicable disease, whether or not the eligible employee or family member has actually contracted the communicable disease.
- As defined in the act, "paid leave" includes, but is not limited to, paid vacation days, paid personal days and paid time off. The employer is presumed to be in compliance if it provides at least 40 hours of paid leave, they will not have to provide additional time.
- The employer may need to update its policy so that paid time off can be used for the reasons found in the act. The presumption continues until evidence is provided to determine that the employer is not in compliance with the law. The employer is still responsible for complying with the law, Section 3(5) does not exempt the employer from the requirements of the law.
- Any eligible employee that believes a covered employer is not in compliance with the PMLA may file a complaint online at www.michigan.gov/wageclaim.