408.968 Written notice to employee; contents; language; display of poster; creation by department; availability.

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Sec. 8.

(1)An employer subject to this act shall provide written notice to each employee at the time of hiring or not later than 30 days the effective date of the 2025 amendatory act that amended this section, whichever is later, including, but not limited to, all of the following:

(a)The amount of earned sick time required to be provided to an employee under this act.

(b)The employer's choice of how to calculate a year as that term is defined under section 3.

(c)The terms under which earned sick time may be used.

(d)That retaliatory personnel action taken by the employer against an employee for requesting or using earned sick time for which the employee is eligible is prohibited.

(e)The employee's right to 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, if the department has translated the notice into that 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 must be in English, Spanish, and any language that is the first language spoken by not less than 10% of the employer's workforce, if the department has translated the poster into that language.

(4)The department shall create and make available to employers notices and posters that contain the information required under subsection

(1)for the employers' use in complying with this section. The department shall provide the notices and posters in English, Spanish, and any other language deemed appropriate by the department.

History: 2018, Act 338 , Eff. Mar. 29, 2019 ;-- Am. 2018, Act 369 , Eff. Mar. 29, 2019 ;-- 2018, Act 338 , Eff. Feb. 21, 2025 ;-- Am. 2025, Act 2 , Imd. Eff. Feb. 21, 2025

Compiler's Notes: Public Act 338 was proposed by initiative petition pursuant to Const. 1963, art 2, section 9. On September 5, 2018, the initiative petition was approved by an affirmative vote of the majority of the members of the Senate and an affirmative vote of the majority of the members of the House of Representatives, and filed with the Secretary of State on September 5, 2018.For the transfer of powers and duties of the department of licensing and regulatory affairs to the department of labor and economic opportunity, see E.R.O.

No. 2019-3, compiled at MCL 125.1998.See Mothering Justice v Attorney General, case no. 165325, July 31, 2024. The Michigan Supreme Court held that 2018 PA 369 was unconstitutional and, therefore void and revived the original initiative as enacted by the Legislature on September 5, 2018, effective February 21, 2025.