Anyone here from Michigan?

shippey123 · 3/23/2025, 6:20:44 PM · permalink

I'm gonna try this...

Subject: Immediate Concern Over Elimination of Holiday Pay

Dear Nick, Sue, Ted

We, the undersigned employees of Trison Tool, are writing to address the recent elimination of holiday pay and its replacement with sick leave hours. We were shocked and disheartened by this change, as we expected Michigan’s Earned Sick Time Act (ESTA), effective February 21, 2025, to provide additional benefits—not strip away compensation we’ve depended on for years.

Original Passed Law: Paid Medical Leave Act (PMLA)

Enacted in 2018, the PMLA required employers with 50 or more employees to provide up to 40 hours of paid medical leave per year. This leave was designated for specific purposes, such as personal illness, injury, or caring for a family member. It didn’t address holiday pay or allow it to be converted into sick leave.

New Law after Litigation: Earned Sick Time Act (ESTA)

In 2024, the Michigan Supreme Court ruled to reinstate the original voter-initiated Earned Sick Time Act (ESTA), which replaced the PMLA, because it determined that the state legislature’s actions to alter it were unconstitutional. ESTA took effect on February 21, 2025, and expanded sick leave protections:

Coverage: Applies to nearly all employers, even those with as few as one employee.

Accrual: Employees earn 1 hour of sick leave for every 30 hours worked, up to 72 hours per year (or 40 hours for small businesses with fewer than 10 employees).You’re entitled to accrue and use sick leave under ESTA without losing other established benefits.

Usage: Covers a broader range of situations, including family care, domestic violence, and school closures.

Distinct Benefits: Holiday pay and sick leave serve different purposes. Holiday pay compensates employees for working on or observing holidays, while sick leave addresses health-related absences.

Our understanding is that ESTA requires employers to offer paid sick leave (1 hour accrued per 30 hours worked, up to 72 hours annually) as a new employee right. Nowhere does the law permit the conversion of holiday pay into sick leave. ESTA requires employers to provide sick leave in addition to existing paid time off (PTO) policies, not as a substitute. These are separate benefits, and reducing one to fulfill the other undermines the law’s intent to enhance worker protections. While it doesn’t explicitly protect holiday pay, it builds on the principle that new statutory benefits shouldn’t erode existing ones. We believe this is a gross misinterpretation that disadvantages employees and erodes trust.

Established Practice as Implied Contract:

If your employer has consistently provided holiday pay over time (e.g., for years), it may be considered part of an implied employment contract under Michigan law. Even without a written agreement, courts have recognized that consistent policies or practices can create enforceable expectations. Taking it away without notice or agreement could breach this implied contract. Converting holiday pay into sick leave could violate the law’s intent to expand employee benefits.

This change has real consequences. Many of us rely on holiday pay, and losing it leaves us feeling undervalued. We urge you to reconsider this policy and address our concerns promptly. Specifically, we request:

1: Immediate reinstatement of holiday pay as a distinct benefit, separate from sick leave, as it was prior to this change.

2: A meeting with management within 10 business days to discuss this issue and find a fair resolution.

We are dedicated to our roles and want to maintain a positive working relationship. However, fairness and transparency are essential. We look forward to a constructive dialogue and a solution that respects all employees.

Sincerely,

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shippey123 · 3/24/2025, 8:54:10 PM · permalink

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shippey123 · 3/28/2025, 8:02:46 PM · permalink

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logical · 3/28/2025, 8:10:47 PM · permalink

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