Paid Medical Leave Act

Issued: March 29, 2019

Policy

Eligible employees accrue paid medical leave to use for their own or their family members’ medical needs and for purposes related to domestic violence and sexual assault. Policy is to address MSU’s compliance with Michigan Paid Medical Leave Act.

Applies To:

Non-union employees hired in a temporary capacity. Eligible temporary, non-union employment categories include service maintenance, operating engineers, skilled trades, professionals, clerical technical, Extension Program Associates, nurses, and other employees.

A limited number of academic staff (i.e., Visiting Scholars) are also eligible.

Support staff employees that accrue paid time off under either collective bargaining agreements or policies should refer to the Support Staff Policy & Procedure for Sick Time for PMLA provisions.

On-call and student employees including Graduate Assistants are excluded.

General Requirements

  • Newly eligible employees will have a 90-day waiting period before they can begin using paid medical leave.
  • Active employees who have completed their 90-day waiting period as of July 1 will be credited with 40 hours of leave for use during the fiscal year from July 1 through June 30.
  • Once new employees have completed the 90-day waiting period, they will be credited with hours of leave on a pro-rated basis, according to the following time periods in which their eligibility date occurs:

    July 1 - Dec. 31 40
    Jan. 1 - March 31 20
    April 1 - May 31 10
    June 1 - June 30 0
  • Employees will not be allowed to carry over any paid medical leave into the next year.
  • There is no payout of unused leave.
  • Paid leave may be used in full hour or tenth of an hour (6 minute) increments and may be used for the employee or their family member’s mental or physical illness, injury, or health condition; medical diagnosis, care or treatment or preventative medical care.
  • Supervisors may require a physician’s statement prior to the approval of payment of paid medical leave. Employees will be allowed up to three days to provide such documentation, if requested. The department’s usual and customary notice, procedure and documentation requirements for requesting leave will apply.
  • Excessive absenteeism, tardiness and improper use of time are violations of Rules Governing Personal Conduct and subject to discipline.
  • Family member includes:
    • a biological, adopted or foster child, stepchild or legal ward, or a child to whom the employee stands in loco parentis
    • a biological parent, foster parent, stepparent, or adoptive parent or legal guardian of an employee or an employee’s spouse or an individual who stood in loco parentis when the employee was a minor child
    • an individual to whom the employee is legally married under the laws of any state
    • a grandparent or a grandchild
    • a biological, foster or adopted sibling
  • Paid leave may also be used if the employee or employee’s family member is a victim of domestic violence or sexual assault:
    • for medical care,
    • for 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,
    • to participate in any civil or criminal proceedings related to or resulting from the domestic violence or sexual assault.
  • Supervisors may request documentation that the paid medical leave has been used for these purposes related to sexual assault and domestic violence. The following types of documentation are satisfactory for this purpose:
    • Police report indicating the employee or employee’s family member was a victim of domestic violence or sexual assault.
    • Signed statement from a victim and witness advocate affirming the employee or employee’s family member is receiving services from a victim services organization.
    • Court document indicating the employee or employee’s family member is involved in legal action related to domestic violence or sexual assault.
  • Supervisors cannot request documentation related to leave for sexual assault or domestic violence that includes details of the violence or sexual assault.

Procedure

Department:

  • Report of eligible temporary employees is available in EBS for supervisors and Unit Time Administrators;
  • Use spreadsheet to track hours available and usage:
    • See pro-rated chart under "General requirements" for employees hired in 2019;
  • Zero out leave balance as of June 30 of each year;
  • Active employees who have completed their 90-day waiting period as of July 1 of each year are to be credited with 40 hours of leave on the spreadsheet.
  • Gaps in employment, even if one day, will require a new 90-day waiting period.
  • To pay the employee for time used (full hour or tenth of an hour (6 minute) increments) use the Absence Type 2915 PML Sick.
  • There is no payout for unused time.

Considerations:

Change in status from being eligible for PML to non-eligible and back will require a new 90-day waiting period.

For questions or clarifications please contact: MSU Human Resources (telephone 517-353-4434, e-mail solutionscenter@hr.msu.edu).

Procedure for Visiting Scholars

Department:

  • If your department has Visiting Scholars, the Office for International Students and Scholars will inform you of who is eligible;
  • Use  spreadsheet  to track hours available and usage:
    • See pro-rated chart under "General requirements" for employees hired in 2019;
  • Zero out leave balance as of June 30 of each year;
  • Active employees who have completed their 90-day waiting period as of July 1 of each year are to be credited with 40 hours of leave on the spreadsheet.
  • Gaps in employment, even if one day, will require a new 90-day waiting period.
  • For Visiting Scholars, time taken as PML shall not be counted against the Visiting Scholar. Simply record the time on the spreadsheet.
  • There is no payout for unused time.

 

For questions or clarifications on Visiting Scholars please contact Academic Human Resources (telephone 517-353-5300, e-mail ahr@msu.edu).