Bill Text: MI SB1175 | 2017-2018 | 99th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Labor; benefits; paid sick leave; eliminate presumptions against employers, and modify recordkeeping provisions. Amends secs. 1, 2, 3, 4, 5, 7, 8, 10, 11 & 14 of 2018 PA 338 (MCL 408.961 et seq.) & repeals secs. 6, 9 & 13 of 2018 PA 338 (MCL 408.966 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-19 - Assigned Pa 369'18 [SB1175 Detail]

Download: Michigan-2017-SB1175-Engrossed.html

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SB-1175, As Passed Senate, November 28, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1175

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 2018 PA 338, entitled

 

"Earned sick time act,"

 

by amending the title and sections 1, 2, 3, 4, 5, 7, 8, 10, 11, and

 

14 (MCL 408.961, 408.962, 408.963, 408.964, 408.965, 408.967,

 

408.968, 408.970, 408.971, and 408.974); and to repeal acts and

 

parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                                TITLE

 

     An initiation of legislation act to require certain employers

 

to provide workers certain employees with the right to earn sick

 

time paid medical leave for personal or family health needs, as

 

well as purposes related to domestic violence and sexual assault;

 

and school meetings needed as the result of a child's disability,

 

health issues or issues due to domestic violence and sexual

 

assault; to specify the conditions for accruing and using earned

 

sick time; to prohibit retaliation against an employee for

 

requesting, exercising, or enforcing rights granted in this act;

 

paid medical leave; to prescribe powers and duties of certain state

 

departments, agencies, and officers; to provide for promulgation of

 

rules; and to provide remedies and sanctions.

 

     Sec. 1. This act shall be known and may be cited as the

 

"earned sick time act"."paid medical leave act".

 

     Sec. 2. As used in this act:

 

     (a) "Benefit year" means any consecutive 12-month period used

 

by an employer to calculate an eligible employee's benefits.

 

     (b) (a) "Department" means the department of licensing and

 

regulatory affairs.

 

     (c) (b) "Director" means the director of the department of

 

licensing and regulatory affairs or his or her the director's

 

designee.

 

     (c) "Domestic partner" means an adult in a committed

 

relationship with another adult, including both same-sex and

 

different-sex relationships. "Committed relationship" means one in

 

which the employee and another individual share responsibility for

 

a significant measure of each other's common welfare, such as any

 

relationship between individuals of the same or different sex that

 

is granted legal recognition by a state, political subdivision, or

 

the District of Columbia as a marriage or analogous relationship,

 

including, but not limited to, a civil union.

 

     (d) "Domestic violence" has the same meaning means that term

as provided defined in section 1 of 1978 PA 389, MCL 400.1501.

 

     (e) "Earned sick time" means time off from work that is

 

provided by an employer to an employee, whether paid or unpaid,

 

that can be used for the purposes described in subsection (1) of

 

section 4 of this act.

 

     (e) (f)"Employee" "Eligible employee" means an individual

 

engaged in service to an employer in the business of the employer,

 

except that employee does not include an individual employed by the

 

United States government.that term as defined in section 101 of the

 

family and medical leave act, 29 USC 2611, and from whom an

 

employer is required to withhold for federal income tax purposes.

 

Eligible employee does not include any of the following:

 

     (i) An individual who is exempt from overtime requirements

 

under section 13(a)(1) of the fair labor standards act, 29 USC

 

213(a)(1).

 

     (ii) An individual who is not employed by a public agency, as

 

that term is defined in section 3 of the fair labor standards act,

 

29 USC 203, and who is covered by a collective bargaining agreement

 

that is in effect.

 

     (iii) An individual employed by the United States government,

 

another state, or a political subdivision of another state.

 

     (iv) An individual employed by an air carrier as a flight deck

 

or cabin crew member that is subject to title II of the railway

 

labor act, 45 USC 151 to 188.

 

     (v) An employee as described in section 201 of the railway

 

labor act, 45 USC 181.

 

     (vi) An employee as defined in section 1 of the railroad

unemployment insurance act, 45 USC 351.

 

     (vii) An individual whose primary work location is not in this

 

state.

 

     (viii) An individual whose minimum hourly wage rate is

 

determined under section 4b of the improved workforce opportunity

 

wage act, 2018 PA 337, MCL 408.934b.

 

     (ix) An individual described in section 29(1)(l) of the

 

Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.29.

 

     (f) (g) "Employer" means any person, firm, business,

 

educational institution, nonprofit agency, corporation, limited

 

liability company, government entity, or other entity that employs

 

1 or more individuals, except that employer does not include the

 

United States government.that term as defined in section 101 of the

 

family and medical leave act, 29 USC 2611. Employer does not

 

include the United States government, another state, or a political

 

subdivision of another state.

 

     (g) (h) "Family member" includes all of the following:

 

     (i) A biological, adopted or foster child, stepchild or legal

 

ward, a child of a domestic partner, or a child to whom the

 

eligible employee stands in loco parentis.

 

     (ii) A biological parent, foster parent, stepparent, or

 

adoptive parent or a legal guardian of an eligible employee or an

 

eligible employee's spouse or domestic partner or a person an

 

individual who stood in loco parentis when the eligible employee

 

was a minor child.

 

     (iii) A person An individual to whom the eligible employee is

 

legally married under the laws of any state. or a domestic partner.

     (iv) A grandparent.

 

     (v) A grandchild.

 

     (vi) A biological, foster, or adopted sibling.

 

     (vii) Any other individual related by blood or affinity whose

 

close association with the employee is the equivalent of a family

 

relationship.

 

     (h) (i) "Health care professional" provider" means any of the

 

following:that term as defined in section 101 of the family and

 

medical leave act, 29 USC 2611.

 

     (i) Any person licensed under federal law or the law of this

 

state to provide health care services, including, but not limited

 

to, nurses, doctors, and emergency room personnel.

 

     (ii) A certified midwife.

 

     (j) "Retaliatory personnel action" means any of the following:

 

     (i) Denial of any right guaranteed under this act.

 

     (ii) A threat, discharge, suspension, demotion, reduction of

 

hours, or other adverse action against an employee or former

 

employee for exercise of a right guaranteed under this act.

 

     (iii) Sanctions against an employee who is a recipient of

 

public benefits for exercise of a right guaranteed under this act.

 

     (iv) Interference with, or punishment for, an individual's

 

participation in any manner in an investigation, proceeding, or

 

hearing under this act.

 

     (i) "Paid medical leave" means time off from work that is

 

provided by an employer to an eligible employee that can be used

 

for the purposes described in section 4(1).

 

     (j) (k) "Sexual assault" means any act that constitutes a

violation of violates section 520b, 520c, 520d, 520e, 520f, or 520g

 

of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c,

 

750.520d, 750.520e, 750.520f, and 750.520g.

 

     (l) "Small business" means an employer for which fewer than 10

 

individuals work for compensation during a given week. In

 

determining the number of individuals performing work for

 

compensation during a given week, all individuals performing work

 

for compensation on a full-time, part-time, or temporary basis

 

shall be counted, including individuals made available to work

 

through the services of a temporary services or staffing agency or

 

similar entity. An employer is not a small business if it

 

maintained 10 or more employees on its payroll during any 20 or

 

more calendar workweeks in either the current or the preceding

 

calendar year.

 

     Sec. 3. (1) Each An employer shall provide earned sick time

 

paid medical leave to each of the employer's eligible employees in

 

this state.

 

     (a) Employees of a small business shall accrue a minimum of

 

one hour of earned sick time for every 30 hours worked but shall

 

not be entitled to use more than 40 hours of paid earned sick time

 

in a year unless the employer selects a higher limit. If an

 

employee of a small business accrues more than 40 hours of earned

 

sick time in a calendar year, the employee shall be entitled to use

 

an additional 32 hours of unpaid earned sick time in that year,

 

unless the employer selects a higher limit. Employees of a small

 

business must be entitled to use paid earned sick time before using

 

unpaid earned sick time.

     (2) (b) All other employees shall Except as otherwise provided

 

in subsection (3), an eligible employee must accrue a minimum paid

 

medical leave at a rate of at least one hour of paid earned sick

 

time medical leave for every 30 40 hours worked. but shall An

 

employer is not be entitled to use required to allow an eligible

 

employee to accrue more than 72 1 hour of paid medical leave in a

 

calendar week. An employer may limit an eligible employee's accrual

 

of paid medical leave to not less than 36 hours of paid earned sick

 

time per benefit year. , unless the employer selects a higher

 

limit.An employer is not required to allow an eligible employee to

 

carry over more than 36 hours of unused accrued paid medical leave

 

from one benefit year to another benefit year. An employer is not

 

required to allow an eligible employee to use more than 36 hours of

 

paid family medical leave in a single benefit year.

 

     (3) As an alternative to subsection (2), an employer may

 

provide at least 36 hours of paid medical leave to an eligible

 

employee at the beginning of a benefit year or on the date the

 

individual becomes an eligible employee. If an employer elects to

 

provide paid medical leave to an eligible employee pursuant to this

 

subsection, the employer is not required to allow the eligible

 

employee to carry over any of that paid medical leave to another

 

benefit year.

 

     (c) Earned sick time shall carry over from year to year, but a

 

small business is not required to permit an employee to use more

 

than 40 hours of paid earned sick time and 32 hours of unpaid

 

earned sick time in a single year, and other employers are not

 

required to permit an employee to use more than 72 hours of paid

earned sick time in a single year.

 

     (2) Earned sick time as provided in this section shall begin

 

to accrue on the effective date of this law, or upon commencement

 

of the employee's employment, whichever is later. An employee may

 

use accrued earned sick time as it is accrued, except that an

 

employer may require an employee hired after April 1, 2019, to wait

 

until the ninetieth calendar day after commencing employment before

 

using accrued earned sick time.

 

     (3) For purposes of subsection (1), "year" shall mean a

 

regular and consecutive twelve-month period, as determined by an

 

employer.

 

     (4) For purposes of earned sick time accrual under this act,

 

an employee who is exempt from overtime requirements under section

 

13(a)(1) of the Fair Labor Standards Act, 29 USC 213(a)(1), is

 

assumed to work 40 hours in each workweek unless the employee's

 

normal work week is less than 40 hours, in which case earned sick

 

time accrues based upon that normal workweek.

 

     (4) (5) An There is a rebuttable presumption that an employer

 

other than an small business is in compliance with this section act

 

if the employer provides any paid leave in at least the same

 

amounts as that provided under this act that may be used for the

 

same purposes and under the same conditions provided in this act

 

and that is accrued at a rate equal to or greater than the rate

 

described in subsections (1) and (2). An employer that is a small

 

business is in compliance with this section if the employer

 

provides paid leave in at least the same amounts as that provided

 

under this act that may be used for the same purposes and under the

same conditions provided in this act and that is accrued at a rate

 

equal to or greater than the rate described in subsections (1) and

 

(2) provided further that that employees of the small business are

 

entitled to use paid earned sick time before using unpaid earned

 

sick time. For purposes of this subsection, "paid leave" includes

 

but is not limited to paid vacation days, personal days, and paid

 

time off.36 hours of paid leave to an eligible employee each

 

benefit year.

 

     (5) (6) An employer shall pay each eligible employee using

 

paid earned sick time medical leave at a pay rate equal to the

 

greater of either the normal hourly wage or base wage for that

 

eligible employee or the applicable minimum wage rate established

 

under the improved workforce opportunity wage act, 2014 PA 138, MCL

 

408.411 to 408.424, but not less than the minimum wage rate

 

established in section 4 of the workforce opportunity wage act,

 

2014, PA 138, MCL 408.414. For any employee whose hourly wage

 

varies depending on the work performed, 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 paid

 

earned sick time.

 

     (7) An employer shall not require an employee to search for or

 

secure a replacement worker as a condition for using earned sick

 

time.2018 PA 337, MCL 408.931 to 408.945. An employer is not

 

required to include overtime pay, holiday pay, bonuses,

 

commissions, supplemental pay, piece-rate pay, or gratuities in the

 

calculation of an eligible employee's normal hourly wage or base

 

wage.

     (6) As used in this section:

 

     (a) "Hours worked" does not include, unless otherwise included

 

by an employer, hours taken off from work by an eligible employee

 

for paid leave.

 

     (b) "Paid leave" includes, but is not limited to, paid

 

vacation days, paid personal days, and paid time off.

 

     Sec. 4. (1) An employer shall permit allow an eligible

 

employee to use the earned sick time paid medical leave accrued

 

under section 3 for any of the following:

 

     (a) 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) For the 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 of or the eligible employee's

 

family member is a victim of domestic violence or sexual assault,

 

for 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 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

 

     (d) (e) For closure of the eligible employee's place of

 

business 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 when 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.

 

     (2) If the employee's need to use earned sick time is

 

foreseeable, an employer may require advance notice, not to exceed

 

7 days prior to the date the earned sick time is to begin, of the

 

intention to use the earned sick time. If the employee's need for

 

the earned sick time is not foreseeable, an employer may require

 

the employee to give notice of the intention as soon as

 

practicable.An eligible employee shall, when requesting to use paid

 

medical leave, comply with his or her employer's usual and

 

customary notice, procedural, and documentation requirements for

 

requesting leave. This act does not prohibit an employer from

 

disciplining or discharging an eligible employee for failing to

comply with the employer's usual and customary notice, procedural,

 

and documentation requirements for requesting leave.

 

     (3) Earned sick time may Paid medical leave must be used in

 

the smaller of hourly 1-hour increments or the smallest increment

 

that the employer's payroll system uses to account for absences or

 

use of other time.unless the employer has a different increment

 

policy and the policy is in writing in an employee handbook or

 

other employee benefits document.

 

     (4) For earned sick time of more than 3 consecutive days, an

 

employer may require reasonable documentation that the earned sick

 

time has been used for a purpose described in subsection (1). Upon

 

the employer's request, the employee must provide the documentation

 

to the employer in a timely manner. The employer shall not delay

 

the commencement of earned sick time on the basis that the employer

 

has not yet received documentation. Documentation signed by a

 

health care professional indicating that earned sick time is

 

necessary is reasonable documentation for purposes of this

 

subsection. In cases An employer may require an eligible employee

 

who is using paid medical leave because of domestic violence or

 

sexual assault , one of the to provide documentation that the paid

 

medical leave has been used for that purpose. The following types

 

of documentation selected by the employee shall be considered

 

reasonable documentation are satisfactory for purposes of this

 

subsection:

 

     (a) a A police report indicating that the eligible employee or

 

the eligible employee's family member was a victim of domestic

 

violence or sexual assault. ;

     (b) a A signed statement from a victim and witness advocate

 

affirming that the eligible employee or eligible employee's family

 

member is receiving services from a victim services organization. ;

 

or

 

     (c) a A court document indicating that the eligible employee

 

or eligible employee's family member is involved in legal action

 

related to domestic violence or sexual assault. An employer shall

 

not require that the documentation explain the nature of the

 

illness or the details of the violence. If an employer chooses to

 

require documentation for earned sick time, the employer is

 

responsible for paying all out-of-pocket expenses the employee

 

incurs in obtaining the documentation. If the employee does have

 

health insurance, the employer is responsible for paying any costs

 

charged to the employee by the health care provider for providing

 

the specific documentation required by the employer.

 

     (5) An employer shall not require that the documentation

 

provided under subsection (4) explain the details of the violence.

 

An employer shall not require disclosure of details relating to

 

domestic violence or sexual assault or the details of an eligible

 

employee's or an eligible employee's family member's medical

 

condition as a condition of providing earned sick time paid medical

 

leave under this act. If an employer possesses health information

 

or information pertaining to domestic violence or sexual assault

 

about an eligible employee or eligible employee's family member,

 

the employer shall treat that information as confidential and shall

 

not disclose that information except to the affected eligible

 

employee or with the permission of the affected eligible employee.

     (6) This act does not require an employer to provide earned

 

sick time paid medical leave for any purposes other than as

 

described in this section.

 

     Sec. 5. (1) If an eligible employee is transferred to a

 

separate division, entity, or location, but remains employed by the

 

same employer, the eligible employee shall retain retains all

 

earned sick time paid medical leave that was accrued at the prior

 

division, entity, or location and may use all the accrued earned

 

sick time as provided in paid medical leave pursuant to section 4.

 

If an eligible employee separates from employment and is rehired by

 

the same employer, within 6 months of the separation, the employer

 

shall reinstate previously accrued, is not required to allow the

 

eligible employee to retain any unused earned sick time and shall

 

permit the reinstated employee to use that earned sick time and

 

accrue additional earned sick time upon reinstatement.paid medical

 

leave that the eligible employee previously accumulated while

 

working for the employer.

 

     (2) If a different employer succeeds or takes the place of an

 

existing employer, the successor employer assumes the

 

responsibility for the earned sick time rights that employees who

 

remain employed by the successor employer accrued under the

 

original employer. Those employees are entitled to use earned sick

 

time previously accrued on the terms provided in this act.

 

     (2) (3) This act does not require an employer to provide

 

financial or other reimbursement to an eligible employee for

 

accrued earned sick time paid medical leave that was not used upon

 

before the employee's end of a benefit year or before the eligible

employee's termination, resignation, retirement, or other

 

separation from employment.

 

     Sec. 7. (1) If an employer violates this act, the eligible

 

employee affected by the violation, at any time within 3 years 6

 

months after the violation or the date when the employee knew of

 

the violation, whichever is later, may do any of the following:

 

     (a) Bring a civil action for appropriate relief, including,

 

but not limited to, payment for used earned sick time; rehiring or

 

reinstatement to the employee's previous job; payment of back

 

wages; reestablishment of employee benefits to which the employee

 

otherwise would have been eligible if the employee had not been

 

subjected to retaliatory personnel action or discrimination; and an

 

equal additional amount as liquidated damages together with costs

 

and reasonable attorney fees as the court allows.

 

     (b) File may file a claim with the department. , which shall

 

investigate the claim. Filing a claim with the department is

 

neither a prerequisite nor a bar to bringing a civil action.

 

     (2) (a) The director shall enforce the provisions of this act.

 

In effectuating such enforcement, the The director shall establish

 

a system utilizing multiple means of communication to receive

 

complaints regarding non-compliance with this act and investigate

 

complaints received by the department in a timely manner.

 

     (b) Any person alleging a violation of this chapter shall have

 

the right to file a complaint with the department. The department

 

shall encourage reporting pursuant to this subsection by keeping

 

confidential, to the maximum extent permitted by applicable laws,

 

the name and other identifying information of the employee or

person reporting the violation, provided, however, that with the

 

authorization of such person, the department may disclose his or

 

her name and identifying information as necessary to enforce this

 

chapter or for other appropriate purposes.

 

     (3) (c) Upon receiving a complaint alleging a violation of

 

this chapter, act, the department shall investigate such the

 

complaint and attempt to resolve it through mediation between the

 

complainant and the subject of the complaint, or other means. The

 

department shall keep complainants notified regarding the status of

 

their complaint and any resultant investigation. If the department

 

believes determines that a violation has occurred, it shall issue

 

to the offending person or entity a notice of violation and the

 

relief required of the offending person. or entity. The department

 

shall prescribe the form and wording of such notices of violation,

 

including any which must include the method of appealing the

 

decision determination of the department.

 

     (4) (d) The department shall have the power to may impose

 

penalties and to grant an eligible employee or former eligible

 

employee all appropriate relief including but not limited to

 

payment of all earned sick time paid medical leave improperly

 

withheld. , any and all damages incurred by the complainant as the

 

result of violation of this act, back pay and reinstatement in the

 

case of job loss.

 

     (3) If the director determines that there is reasonable cause

 

to believe that an employer violated this act and the department is

 

subsequently unable to obtain voluntary compliance by the employer

 

within a reasonable time, the department shall bring a civil action

as provided in subsection (1)(a) on behalf of the employee. The

 

department may investigate and file a civil action under subsection

 

(1)(a) on behalf of all employees that employer who are similarly

 

situated at the same work site and who have not brought a civil

 

action under subsection (1)(a). A contract or agreement between the

 

employer and the employee or any acceptance by the employee of a

 

paid or unpaid leave policy that provides fewer rights or benefits

 

than provided by this act is void and unenforceable.

 

     (5) (4) In addition to liability for civil remedies described

 

in this section, an An employer who that fails to provide earned

 

sick time paid medical leave in violation of this act or takes

 

retaliatory personnel action against an employee or former employee

 

is subject to a civil an administrative fine of not more than

 

$1,000.00.

 

     (6) (5) An employer that willfully violates a notice or the

 

posting requirement of section 8 is subject to a civil an

 

administrative fine of not more than $100.00 for each separate

 

violation.

 

     Sec. 8. (1) An employer subject to this act shall provide

 

written notice to each employee at the time of hiring or by April

 

1, 2019, whichever is later, including, but not limited to, display

 

a poster at the employer's place of business, in a conspicuous

 

place that is accessible to eligible employees, that contains all

 

of the following information:

 

     (a) The amount of earned sick time paid medical leave required

 

to be provided to an eligible employee under this act.

 

     (b) The employer's choice of how to calculate a "year"

according to subsection 3 of section 3.

 

     (b) (c) The terms under which earned sick time paid medical

 

leave may be used.

 

     (d) That retaliatory personnel action by the employer against

 

an employee for requesting or using earned sick time for which the

 

employee is eligible is prohibited.

 

     (c) (e) The eligible employee's right to bring a civil action

 

or file a complaint with the department for any violation of this

 

act.

 

     (2) The notice required under subsection (1) shall be in

 

English, Spanish, and any language that is the first language

 

spoken by at least 10% of the employer's workforce, as long as the

 

department has translated the notice into such language.

 

     (3) An employer shall display a poster at the employer's place

 

of business, in a conspicuous place that is accessible to

 

employees, that contains the information in subsection (1). The

 

poster displayed should be in English, Spanish, and any language

 

that is the first language spoken by at least 10% of the employer's

 

workforce, as long as the department has translated the poster into

 

such language.

 

     (2) (4) The department shall create and make available to

 

employers, notices and at no cost, posters that contain the

 

information required under subsection (1) for employers' use in

 

complying with this section. The department shall provide such

 

notices and posters in English, Spanish, and any other languages

 

deemed appropriate by the department.

 

     Sec. 10. An employer shall retain for not less than 3 years 1

year records documenting the hours worked and earned sick time paid

 

medical leave taken by eligible employees. To monitor compliance

 

with the requirements of this act, an employer shall allow the

 

department access to those records, with appropriate notice and at

 

a mutually agreeable time. If a question arises as to whether an

 

employer has violated an employee's right to earned sick time under

 

this act and the employer does not maintain or retain adequate

 

records documenting the hours worked and earned sick time taken by

 

the employee or does not allow the department reasonable access to

 

those records, there is a presumption that the employer has

 

violated the act, which can be rebutted only by clear and

 

convincing evidence.

 

     Sec. 11. (1) This act provides minimum requirements pertaining

 

to earned sick time and shall not be construed to preempt, limit,

 

or otherwise affect the applicability of any other law, regulation,

 

requirement, policy, or standard, including a collective bargaining

 

agreement, that provides for greater accrual or use of time off,

 

whether paid or unpaid, or that extends other protections to

 

employees.

 

     (2) This act does not do any of the following:

 

     (a) Prohibit an employer from providing more earned sick time

 

paid medical leave than is required under this act.

 

     (b) Diminish any other rights provided to any eligible

 

employee under a collective bargaining agreement.

 

     (c) Subject to section 12, preempt or override the terms of

 

any collective bargaining agreement in effect prior to the

 

effective date of this act.

     (d) Prohibit an employer from establishing a policy that

 

permits an eligible employee to donate unused accrued earned sick

 

time paid medical leave to another eligible employee.

 

     Sec. 14. If any portion of this act or the application thereof

 

to any person or circumstances shall be found to be invalid by a

 

court, such invalidity shall not affect, impair, or invalidate the

 

other portions or applications of the act that can be given effect

 

without the invalid portion or application, and to this end the

 

provisions of this act are declared to be severable. If a federal

 

paid medical leave mandate is enacted, this act does not apply as

 

of the effective date of the mandate.

 

     Enacting section 1. Sections 6, 9, and 13 of 2018 PA 338, MCL

 

408.966, 408.969, and 408.973, are repealed.