Knowing ESTA minimums helps you know if your sick time policies and contract language meet the law, are just right, or are overly generous.

While reading the Earned Sick Time Act (ESTA), as amended, offers 9 pages of mystery, intrigue, and a history of legislative and governmental shenanigans, the important thing is knowing whether your agreements over sick time meet the minimums, are reasonable and competitive, or are overly generous.

In essence, ESTA requires that employees receive at least 1 hour of earned sick leave for every 30 hours worked. (MCL 408.963(3)).  This means, if an employee works 40 hours per week, every week of the year, with no vacation, they will earn 69 hours and 20 minutes of sick time in a calendar year.[1] To keep on top of top of the number of hours worked, school districts would have to track the time of all their employees, which, unless your teachers are punching a clock, is not really an option. Fortunately, ESTA also allows employers to avoid accrual accounting by providing their employees with a front-loaded 72 hours of earned sick time per year. (Id). Part-time employees, which is not defined in the act, can be granted front-loaded sick time on a proportional basis to full-time employees. (MCL 408.963(4)).

Employees are able to use their sick time for their own or a family member’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; addressing issues arising from an employee or the employee's family member being 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 any civil or criminal proceedings related to or resulting from the domestic violence or sexual assault; for 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, or for closure of the employee's place of business by order of a public official due to a public health emergency, for an 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 when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee's 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. MCL 408.964(1)).

Employers are able to request advance notice of use of sick time, if foreseeable, up to seven days prior to planned use. (MCL 408.964(2)). If an employee uses sick time for more than three consecutive days, an employer may require reasonable documentation that the employee is using their sick time for a permissible purpose. Employers are also not required to allow an employee to use more than 72 hours of paid sick time in a year. (MCL 408.963(5).

Understanding your district contract’s sick leave clauses is very important to ensure you are treating your employees fairly and legally. MASB’s legal department is pleased to provide review services of your contracts and answer any legal questions you have on this or any other matters. Contact us for more information.