What is the Michigan Paid Medical Leave Act (PMLA), and how does it differ from the FMLA?

The Michigan Paid Medical Leave Act (PMLA), which took effect on March 29, 2019, requires certain employers to provide paid medical leave to eligible employees. This state law complements the federal FMLA by offering paid leave for specific situations.

Key differences between the PMLA and FMLA:

• Coverage:
  
  • PMLA: Applies to employers with 50 or more individuals working in the United States. Notably, it excludes the United States government, other states, and political subdivisions of other states.
  • FMLA: Covers private employers with 50 or more employees within a 75-mile radius, public agencies, and public/private schools, regardless of size.
• Employee Eligibility:
  
  • PMLA: Eligible employees are those for whom the employer is required to withhold federal income tax. However, there are 12 specific exemptions, including employees who average less than 25 hours per week in the preceding calendar year and those exempt from overtime.
  • FMLA: Requires employees to have worked for at least 12 months and 1,250 hours in the past year.
• Leave Entitlement:
  
  • PMLA: Employees accrue 1 hour of paid medical leave for every 35 hours worked, up to a maximum of 40 hours per benefit year.
  • FMLA: Provides up to 12 weeks of unpaid leave for qualifying reasons.
• Usage:
  
  • PMLA: Leave can be used for the employee's or a family member's health needs, closure of the workplace or child's school due to public health emergencies, and needs arising from domestic violence or sexual assault.
  • FMLA: Covers the employee's serious health condition, care for a family member with a serious health condition, birth and care of a newborn, adoption or foster care placement, and certain military-related exigencies.