injury, illneess & caring for others

SCROLL DOWN for information concerning the following issues:

  • PAID SICK LEAVE

  • TAKING CARE OF FAMILY MEMBERS

  • WORKERS COMPENSATION

  • TORT CLAIMS

Strict time limits exist for filing for benefits and filing any complaints, charges and otherwise asserting your rights.  Consult with the involved agency and/or an attorney as needed to ensure that all time limits are met and that your rights are protected. 

Paid Sick Leave

rights

  • Michigan’s Earned Sick Leave Act (ESLA) generally requires that your employer provide at least 1 hour of paid sick leave for every 30 hours worked.

    • Michigan’s law permits paid leave for ‘preventative care’ as well as for illness, diagnosis, and treatment of any illness.

    • Employers can cap sick time at 72 hours per year for most businesses and at 40 hours per year for small businesses, unless the employer chooses a higher amount of hours.

    • Subject to the annual cap, unused hours can carry-over to the next year.

    • Employers may not retaliate against employees for using their sick time.

    • For more information on Michigan’s law, see the a Q&A sheet prepared by the the Michigan Department of Labor and Economic Growth. Click here for a copy of the Q&A sheet in English and click here para una copia en Español and here for a copy in Arabic (بالعربية).

  • There is no federal law requiring paid sick leave. If you become ill, you have have some rights under the American’s with Disability Act however this would require only that your injury or illness be reasonably accommodated if that is possible. Similar accommodation requirements exist under Michigan’s Elliott Larsen Act.

FILING A COMPLAINT FOR VIOLATIONS:

  • First make the request for paid sick leave to your employer.

  • If your employer denies the request and you believe that they are in violation of the federal EPSLA law or Michigan’s law, then file a complaint with the appropriate agency.

    • For violations of Michigan’s law, a complaint may be filed ONLINE at the MICHIGAN WAGE & HOUR DIVISION’s website.  Click here to file a complaint ONLINE. Using the online form, complaints may also be MAILED, EMAILED, OR FAXED to:

      Wage and Hour Division

      PO Box 30476

      Lansing, MI 48909-7976

      Fax: (517) 763-0110

      Email: whclaim@michigan.gov

HOTLINE EN ESPAÑOL

  • The Michigan Immigrant Rights Coalition and Farmworker Legal Services in Michigan maintain a bilingual hotline to answer questions regarding farmworker and immigrant workers’ legal rights. Call 1-800-968-4046.

La Coalición de Derechos de Inmigrantes de Michigan y los Servicios Legales para Trabajadores Agrícolas en Michigan mantienen una línea directa bilingüe para responder preguntas sobre los derechos legales de los trabajadores inmigrantes y trabajadores agrícolas. Llame al 1-800-968-4046.

PERSONS OUTSIDE OF MICHIGAN

Persons in every state are covered by the federal law (the EPSLA). However, not all states have paid sick leave laws. However, in recent years workers’ rights advocates have been successful in passing state and local laws in many places.   Click here for a listing of state and local governments that have adopted paid sick day laws.  Contact governmental agencies in those locations for more information on how those laws are enforced.

Care for Family Members

Rights

  • The federal Family Medical Leave Act (FMLA) provides for up to twelve weeks of unpaid leave if you become ill from the virus or you are are taking care of family members who have a serious health condition.

  • Michigan’s Earned Sick Leave Act (ESLA) requires employers to provide paid sick time to eligible employees. Sick leave accrues at a rate of one hour for every 30 hours worked up to a maximum of 72 hours per year for large businesses and 40 hours for small businesses. Employers can exceed this rate and may also choose to provide a lump sum amount of at the beginning of the year if they elect to do so.  Accumulated earned sick time may be used for the employee’s family member’s mental or physical illness, injury, or health condition.

FILING A COMPLAINT FOR VIOLATIONS:

  • First make the request for family leave to your employer.

  • If your employer denies the request and you believe that the employer is in violation of the federal FMLA, or Michigan’s ESLA, then file a complaint with the appropriate agency.

    • For violations of the FMLA, click here to file a complaint ONLINE and call 1-866-487-9243 with any questions.

    • For violations of Michigan’s law, a complaint may be filed ONLINE at the MICHIGAN WAGE & HOUR DIVISION’s website.  Click here to file a complaint ONLINE. Using the online form, complaints may also be mailed, emailed, or faxed to:

      Wage and Hour Division

      PO Box 30476

      Lansing, MI 48909-7976

      Fax: (517) 763-0110

      Email: whclaim@michigan.gov

HOTLINE EN ESPAÑOL

  • The Michigan Immigrant Rights Coalition and Farmworker Legal Services in Michigan maintain a bilingual hotline to answer questions regarding farmworker and immigrant workers’ legal rights. Call 1-800-968-4046.

    La Coalición de Derechos de Inmigrantes de Michigan y los Servicios Legales para Trabajadores Agrícolas en Michigan mantienen una línea directa bilingüe para responder preguntas sobre los derechos legales de los trabajadores inmigrantes y trabajadores agrícolas. Llame al 1-800-968-4046.

PERSONS OUTSIDE OF MICHIGAN

Workers Compensation

Rights

  • Michigan’s workers compensation laws provide that workers will be paid for all medical expenses and lost wages that result from a workplace injury or illness.

    • If you are covered by workers comp, medical benefits should be provided from the first day of treatment.

    • Employers may require employees to see the employer’s medical provider during the first 28 days of treatment for an injury or illness. After 28 days, employees may choose their own provider.

    • Wage-loss benefits begin after 7 days (the first 7 days will be paid retroactively if you are off work for 14 days or longer). 

    • Wage loss benefits are paid in amount roughly equal to 80% of your after-tax weekly wages. .

  • Anti-worker legislation in the early 2010s changed workers compensation laws to allow workers comp. insurance carriers to reduce wage loss benefits if the worker could work in a hypothetical occupation or position, without showing that any such jobs were actually open or available to the injured or ill worker.

  • A determination of whether you are covered by workers compensation laws highly depends on the facts of each case and therefore, we urge persons to consult with a qualified attorney to determine whether you may be entitled to benefits.

FILING A WORKERS COMPENSATION COMPLAINT:

  • First promptly report the injury or illness to your employer. 

  • Workers compensation complaints are filed with state agencies.  If your employer will not report the claim, you can report it yourself to MICHIGAN’S WORKERS DISABILITY COMPENSATION BUREAU.  If your employer disputes the claim, you can request a hearing or mediation, however we encourage all persons to consult with an attorney if the claim is disputed.  The MWDCB provides information regarding reporting your claim and requesting a hearing.  Click here for more information from the MWDCB. 

HOTLINE EN ESPAÑOL

  • The Michigan Immigrant Rights Coalition and Farmworker Legal Services in Michigan maintain a bilingual hotline to answer questions regarding farmworker and immigrant workers’ legal rights. Call 1-800-968-4046.

    La Coalición de Derechos de Inmigrantes de Michigan y los Servicios Legales para Trabajadores Agrícolas en Michigan mantienen una línea directa bilingüe para responder preguntas sobre los derechos legales de los trabajadores inmigrantes y trabajadores agrícolas. Llame al 1-800-968-4046.

PERSONS OUTSIDE OF MICHIGAN

  • Workers compensation laws are regulated  by each state and requirements vary between the states.  Texas is the only state that does not require employers to carry workers compensation insurance. Click here for a listing of state a workers compensation agencies.  Contact the agency for more information on workers compensation requirements and benefits in your state.

TORT claims

  • In most cases, workers compensation law prevents employees from bringing common law tort claims against their employers and co-workers when harmed by negligent conduct in the workplace.

  • Employers can however bring claims for intentional injuries caused by their employer or co-workers, and in most instances, can bring claims against third parties, such as product and equipment suppliers, machine and tool manufacturers, contractors, consultants, and other persons or companies present at the workplace.

  • Since they are often not covered by their employer’s workers compensation insurance, employees misclassified as independent contractors however, may have a common law tort claim when injured as a result of their employer’s negligence.

FILING A COMPLAINT FOR VIOLATIONS:

  • Tort claims are made in a lawsuit filed in state or federal court. Consult with an attorney for further information.

Notes:

  • The worker’s remedy and the remedy of family members/others are different. The worker is required to proceed through workers compensation and is generally barred from bringing a tort claim against their employer. Family members and others generally would not be eligible to recover workers compensation benefits,, but would be permitted to bring a tort claim in court.

ON THE JOB ISSUES
JOB LOSS ISSUES