Employers in all 50 states who meet the criteria are required to comply with the Family and Medical Leave Act (FMLA). In some cases, the states have passed their own state-specific leave laws in addition to the federal regulations. Michigan, however, is not one of these states, so FMLA in Michigan is solely comprised of the federal laws.
FMLA in Michigan: How it works for state employees
Employees in the state of Michigan are only protected by the federal FMLA. If an employee has worked for the state of Michigan for at least 12 months in a seven-year period, has performed at least 1,250 hours of labor during those twelve months, and has not already used up all of their FMLA leave for the year, then they are considered eligible to apply for FMLA in Michigan. It should be noted that the 12 months of work does not have to have been consecutive, so long as it took place over the required period of seven years. The Michigan Civil Service Commission instructs eligible employees to use Michigan FMLA when they or a family member are suffering from a serious health condition, the nature of which warrants some time off from work. Other qualifying situations include the foster care placement, adoption, or birth of a child, and a “qualifying exigency” in which a spouse, parent, or child of the employee has been called to or is already on active duty with a branch of the Armed Forces. FMLA in Michigan can be applied for using the Application for a Leave of Absence, which should be turned in to the Michigan Civil Service Commission Disability Management Office. If the employee is requesting Michigan FMLA leave due to an illness, they will also be required to have their doctor fill out the Medical Certification of Employee’s Serious Health Condition, which the employee must then turn in to the same office.
FMLA in Michigan: How it works for employees of private companies
If the company an employee works for employed at least 50 people for a minimum of 20 workweeks in either the current or the previous year, that employer must comply with the regulations of FMLA in Michigan. Employees are required to have worked for the same company for a minimum of 12 months and to have worked for at least 1,250 hours during the previous year. If the employee does not work for a company that has at least 50 employees, then they must work within 75 miles of a company that does. Employees can take advantage of federal FMLA leave in Michigan if they have recently adopted or had a child, if they have accepted a foster child into their family, or if they are suffering from a serious health condition that requires convalescence at home. Employers are also required to grant FMLA leave if a family member of the employee is suffering from a serious health condition that requires the employee to be their caregiver, if a family member is on active duty or has been called to active duty as a member of the Armed Forces, or if a family member serving in the military suffered a serious injury while on active duty.
FMLA in Michigan: How much leave can an employee take?
All employees under FMLA in Michigan are permitted the same amount of leave in qualifying situations. If the employee needs time to bond with a new child in the family, to care for their own or a family member’s illness, or to deal with a qualifying exigency, they will be granted up to 12 weeks every 12 months. Provided the employee continues to meet the eligibility requirements for FMLA in Michigan, this leave will be renewed every year.
If a family member was injured while serving on active duty in the military and the employee needs to take time off to care for them, that employee will be granted up to 26 weeks of leave in a 12-month period. This leave is different from other types of FMLA leave in that it will not be renewed unless the same or another family member who is also serving in the military is injured on active duty: this type of leave is specific to that particular situation, and is not automatically granted.
FMLA Michigan: Returning from leave
When an employee returns from leave, FMLA in Michigan state that, with few exceptions, the employee must be reinstated to the same or an equivalent position. FMLA provides job protection as well as the continuance of the same healthcare plan while the employee is absent from work. It should be noted that the FMLA leave itself is unpaid time off from work.
Managing FMLA in Michigan: For Employers and HR Representatives
FMLA is great resource for employees; it helps people in the workplace deal with a difficult time in their lives without having to worry about losing their jobs. Effective FMLA management is an important part of any employer’s or Human Resource representative’s job duties, but it can also be time-consuming and, depending on how complicated the situation, hard to manage well. Qcera is a cost-effective tool designed to help employers and Human Resource representatives manage federal, state, and employer leave policies as well as the circumstances of an individual employee’s time away from work. LeaveSource is a great resource that not only reduces the need for repetitive training on leave policies, but also puts the designated representative in touch with leave experts and advisors, who can provide invaluable support when managing leave. LeaveSource Enterprise is a Qcera software solution that integrates easily with the company’s existing software system and smoothly organizes absence management for the company by generating reminders, reducing intermittent absences, and eliminating the need to make space for paper files. Qcera provides secure, money-saving solutions that its staff members truly believe in: they use Qcera software themselves! Hundreds companies have already joined the Qcera network, and a growing number of businesses are using software to help their HR representatives manage FMLA. You can help make your operation more efficient and financially prudent by trying a free demo of Qcera software today.