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Last updated on: December 28th, 2023

Hours & Pay Regulations

Normal Working Hours

The term workweek shall mean a period of 7 consecutive days starting on any day selected by the employer. The weekly working hours are 40 hours.


Michigan has adopted the definition, rules, and regulations established under the federal Fair Labor Standards Act related to determining when an employee’s time should be counted as hours worked for purposes of minimum wage and overtime requirements.


Recording Requirement

The employer is obligated to keep a detailed record for every employee including the employee’s name, address, birth date, occupation or job category, overall basic pay rate, total hours worked in each pay period, total wages disbursed per pay period, a distinct breakdown of deductions, and a comprehensive list of fringe benefits.

Upon payment of wages, the employer must provide each employee with a statement indicating the hours worked, gross wages paid, identification of the pay period, a separate breakdown of deductions, and, for piece work compensated hand harvesters, a statement specifying the total units harvested by the employee.

Employers are also required to maintain these records for a minimum of 3 years and must be accessible for inspection.


Michigan labor laws do not have laws governing the payment of overtime. FLSA provisions on overtime shall apply.


FLSA Threshold: Any work performed beyond 40 hours in a work week is considered overtime work.


Pay – An employee is entitled to premium pay at the rate of 1.5 times their regular rate.


Michigan labor laws required employers to provide employees under eighteen (18) years of age with a thirty (30) minute uninterrupted rest period if scheduled to work more than five (5) continuous hours. Mich. Comp. Laws 409.112.


Michigan does not require employers to provide breaks, including lunch breaks, for workers eighteen (18) years old or older. An employer who chooses to provide a meal, lunch, or break period must complete relieving employees of their work duties for the break period to be unpaid.


Breast Feeding Break

A mother who needs to express breast milk for her child at work must be provided reasonable unpaid break time to express breast milk and must, when possible, be provided a private area to express milk that is not a bathroom, is shielded from view, and is free of intrusion from coworkers and the public, and has access to an electrical outlet.


The employer must make a reasonable effort to provide a private area to express milk. Employers are not required to provide break time if doing so would seriously disrupt operations. Breaks already provided may fulfill this requirement.

Annual Leave

Michigan does not have a paid annual leave that applies generally to private employee.

Special Leave

Unpaid Leave
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to the main United States page for further details on this Federal law.
Paid Sick Leave

Eligibility Criteria: Michigan employees who work for an employer with 50 or more employees are covered.

Duration of the Leave: Paid medical leave is accrued at a rate of 1 hour for every 35 actual hours worked; however, an employer is not required to allow accrual of over 1 hour in a calendar week or more than 40 hours in a benefit year. 

A benefit year is any consecutive 12-month period used by an employer to calculate an eligible employee’s benefits.

Usage of Paid Leave: Paid medical leave must be used in 1-hour increments unless the employer has a different increment policy set forth in writing in an employee handbook or other employee benefit document.  Employees may take paid medical leave for any of the following:

      • Physical or mental illness, injury, or health condition of the employee or their family member.
      • Medical diagnosis, care, or treatment of the employee or employee’s family member.
      • Preventative care of the employee or their family member.
      • Closure of the employee’s primary workplace by order of a public official due to a public health emergency.
      • The care of their child whose school or place of care has been closed by order of a public official due to a public health emergency.
      • The employee’s or their family member’s exposure to a communicable disease would jeopardize the health of others as determined by health authorities or a health care provider.

For domestic violence and sexual assault situations, employees may use paid medical leave for any of the following:

        • Medical care or psychological or other counseling.
        • Receiving services from a victim services organization.
        • Relocation and obtaining legal services.
        • Participation in civil or criminal proceedings related to or resulting from domestic violence or sexual assault.

Notice Requirement: Employees must follow the employer’s usual and customary notice, procedural, and documentation requirements for requesting leave. The employee must be allowed at least 3 days to provide documentation.

In the event that an employee is using for domestic violence, an employee must furnish the following documents:

      • Police reports indicate that the eligible employee or the eligible employee’s family member was a victim of domestic violence or sexual assault.
      • A signed statement from a victim and witness advocate affirming that the eligible employee or eligible employee’s family member is receiving services from a victim services organization.
      • A court document indicating that the eligible employee or eligible employee’s family member is involved in legal action related to domestic violence or sexual assault.

Carryover of the Unused Leave: Employees can carry over up to 40 hours of unused accrued paid medical leave from one benefit year to the next; however, employers are not required to allow employees to use more than 40 hours in a single benefit year.

An employer may provide the total amount of paid medical leave all at once by providing at least 40 hours at the beginning of the benefit year or on the date that the individual becomes eligible during the benefit year on a prorated basis. If an employer adopts this practice, it does not have to permit employees to carry over unused leave to the next benefit year. 


Parental Leave

This and FMLA leave of absence for employees who become parents of newly born, adopted, or fostered child(ren); or who request leave to care for their newborn child. An eligible employee is entitled to a total of 12 workweeks of FMLA leave during a 12-month period. Parental leave must conclude within 12 months of the birth or placement. After exhausting FMLA leave entitlement, an employee may be eligible for a parental leave of absence for birth or adoption for up to six months, as provided in CS Regulations or the applicable collective bargaining agreement. Sick leave may not be used to substitute unpaid Parental Leave for paid leave. Parental leave taken under the FMLA may count against other parental leave entitlements.


Long-Term Disability Leave

Long Term Disability (LTD) is a self-funded program that provides income protection if you should lose wages as a result of a medical injury, illness, or pregnancy that results in a total disability of a least 14 calendar days.


Jury Duty Leave

Employers may not discharge or discipline an employee for taking time off from work to serve on a jury. Leave is generally unpaid.

Crime Victim Leave

An employee who is a victim of a crime or a representative of a crime victim is entitled to take time off from work to testify in or attend a judicial proceeding. Leave is unpaid.

Military Leave

Members of state or U.S. uniformed services called into active state or federal duty may take unpaid leave; the employee may also take unpaid leave to take a physical, enlist, be inducted, or attend training. The returning employee must be reinstated to the former position. An employer may not in any way discriminate against an employee or threaten to prevent an employee from enlisting in the state armed forces.

Disclaimer: The material provided above is for informational purposes only and is subject to change. We endeavor to keep all material up-to-date and correct but make no representations about the information's completeness, accuracy, or reliability. Laws vary by jurisdiction and are subject to change and interpretation based on individual factors that may differ between organizations. The material is not meant to constitute legal advice and we suggest you seek the advice of legal counsel in connection with any of the information presented.