Earned Sick Time

Eligibility for Earned Sick Time (EST)

The Company provides Earned Sick Time (“EST”) to all employees who work in Michigan (including full- time, part-time, seasonal, exempt, and non-exempt employees), and to out-of-state full-time employees, pursuant to this policy in accordance with the Michigan Earned Sick Time Act. For employees who work in Michigan who are eligible for PTO, this policy applies solely to the extent it provides greater benefits/rights on any specific issue(s) than the general PTO policy and/or any other applicable sick time/leave law or ordinance. If there is any conflict between this policy and applicable federal, state, or local law, the applicable law shall govern.

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Use of EST

1.  Full-time employees, at companies with over 10 employees, will receive up to 72 hours of EST leave, front loaded each January, (or PTO as set forth above) to use in each                 calendar year January 1- December 31 for the reasons set forth in this policy. Unused front loaded EST leave benefits does not carry over to the following year.

2.  Full-time employees, at companies with 10 or under employees, will receive up to 40 hours of EST leave, front loaded each January to use in the calendar year                               January-December. Unused front loaded EST leave benefits do not carry over to the following year.

3.  Should a full-time employee use all 40 or 72 hours of earned sick time, then terminate from the Employer prior to working the amount of time necessary to have accrued the     time at the rate of 1 hour for every 30 hours worked, the overpayment of earned sick time will be deducted from the employee’s paycheck at termination.

4.  All Michigan employees other than full-time employees will accrue 1 hour of EST for every 30 hours worked. Employees begin accruing EST upon commencement of                         employment, but may not use EST until they have completed 120 days of continuous employment. Employees may then use EST as it accrues.

5. EST must be used in one hour increments [the smallest increment that the employer’s payroll system uses to account for absences of use of other time].

6. Employees will not be compensated for unused EST under this policy upon termination of employment or for any other reason or at any other time.

7. EST will be paid to employee at employees’ normal hourly wage or equivalent (for fluctuating wage rate employees, the normal hourly wage means the average hourly wage of              the employee in the pay period immediately prior to the pay period in which the employee used EST).

8. Per the Earned Sick Time Act, use of EST is not considered hours worked for purposes of calculating overtime.

9. Earned Sick is not paid out at the time of employee separation.

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How EST Time is Accrued/Assigned

Full Time Employee at company

  with  over10 employees Front load 72 hours EST on January 1st Unused hours do not rollover to the next calendar year

Part-Time Employee at Company 

 with over 10 employees               Accrue 1 hour EST for every 30 hours worked Accrual limited to 72 hours per calendar year

Full-time Employee at Company 

  with 10 or fewer employees       Front load 40 hours EST on January 1st Unused hours do not roll over to the next calendar year

Part-Time Employee at a Company 

  with 10 or fewer employees     Accrue 1 hour EST for every 30 hours worked Accrual limited to 72 hours per calendar year

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Reasons to Use Earned Sick Time (EST)

Employees must use available EST for periods of temporary absence for the following reasons:

1. For an employee’s mental or physical illness, injury, or health condition; medical diagnosis, care, or treatment of the employee’s mental or physical illness, injury, or health condition; or preventative medical care for the employee;

2. For the employee’s family member’s mental or physical illness, injury, or health condition; medical diagnosis, care, or treatment of the employee’s family member’s mental or physical illness, injury, or health condition; or preventative medical care for a family member of the employee;

For purposes of this policy, “family member” means:

a) a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, or a child to whom the employee stands in loco parentis;

b) a biological parent, foster parent, stepparent, or adoptive parent or a legal guardian of an employee or an employee’s spouse or domestic partner or a person who stood in loco parentis when the employee was a minor child;

c) a person to whom the employee is legally married under the laws of any state or a domestic partner;

d) a grandparent or grandchild;

e) a biological, foster, or adopted sibling; or

f) any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

3. If employee or employee’s family member is a victim of domestic violence or sexual assault, for 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 civil or criminal proceedings related to or resulting from the domestic violence or sexual assault;

4. Meetings at a child’s school or place of care related to the child’s health or disability or the effects of domestic violence or sexual assault on the child;

5. Closure of the Company by order of a public official due to a public health emergency;

6. 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; and

7. When determined by governing public health officials or a health care provider that the employee or employee’s family member’s presence in the community would jeopardize the health of others because of the employee’s or family member’s exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease