Earned Sick Time Act (ESTA) Information

With the contract now expired, Michigan’s Earned Sick Time Act now applies to MNA-UMPNC bargaining unit employees.

Under ESTA, employees accrue sick time at a rate of 1 hour for every 30 hours worked, with use for qualifying absences such as the employee’s or a family member’s illness, medical care, certain domestic violence related needs, and certain public health related closures or exposures. The law generally permits use of up to 72 hours per year, with carryover of unused accrued time up to 72 hours under the accrual method. It also limits when management can demand documentation, generally not unless the absence exceeds 3 consecutive days.

Employees’ pay stubs will have separate ESTA banks. Those ESTA banks reflect the hours accrued under the law and, when available and used, can excuse qualifying absences. For regular staff, this ESTA bank is unpaid. For Per Diem and Temporary staff, accrued ESTA time is paid.

Absences Eligible for ESTA Time

• The employee or a family member’s mental or physical illness, injury, or health condition, including medical diagnosis, care, or treatment.

• If the employee or a family member is 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.

• 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, regardless of whether the employee or family member has actually contracted the communicable disease.

ESTA defines family member as:

• Biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, or a child to whom the employee stands in loco parentis

• “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.

• Biological parent, foster parent, stepparent, or adoptive parent or a legal guardian of an employee or an employee’s spouse or domestic partner or a person who stood in loco parentis when the employee was a minor child

• Grandchild

• Grandparents

• Biological, foster, or adopted sibling

• Any other individual related by blood and those with a close association with the employee equivalent to a family member

  
  

Calling-in for an ESTA eligible absence:

• When calling in, you must indicate you want to use ESTA - it is not automatic. You should follow the same process you would as if you were calling in with FMLA – either by notifying the charge RN when calling in, or by notifying your AA. (The ESTA code is SCE.)

• You generally should wait until you have enough ESTA hours accrued in your bank in your bank, before using it for an eligible absence.

  • Example: You should aim to have at least 8 hours of ESTA in your bank, prior to calling in for an 8 hour shift. If you’ve only accrued 6 hours of ESTA and call in for your 8 hour shift, part of your absence is still unexcused.