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Parent Post: Anyone here from Michigan?
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shippey123
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3/23/2025, 6:20:44 PM
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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
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3/24/2025, 8:54:10 PM
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Well I did it!! I got 11 out of 16 employees Signatures and this is the speech I gave as I handed the boss my letter. I wanted to hand you this letter from all of us on the floor and talk face-to-face about the holiday pay situation. I know running a business isn’t easy, and I get that decisions like this might come from a need to save money or juggle costs with the new sick leave law. I’m not here to argue that you’re trying to hurt us on purpose. I can see how, from a business standpoint, combining holiday pay into sick leave might look like a way to streamline things or keep expenses down. But I do want to explain why this change is hitting us so hard, this isn’t just numbers on a spreadsheet. Holiday pay isn’t just some extra perk, it’s a lifeline. it’s something we’ve earned. Michigan law, under the Payment of Wages and Fringe Benefits Act, says holiday pay is a fringe benefit we’re entitled to if it’s been part of how Trison Tool operates. And for years, we’ve counted on it! The new sick leave act is supposed to add to what we have, not take this away. A lot of us here live paycheck to paycheck. I know I’m not alone. We don’t take time off for doctor visits or when we’re sick because we can’t afford to lose a day’s wage. Those weeks when we work holidays, that extra pay helps us cover rent, groceries, gas etc. especially when money’s tight, but under the new plan we have to take those days off to get the holiday pay, and If we use all of our sick leave to get holiday pay then your plan only gives us 4 hours a year to see the doctor. Or the other way around if we get sick in the beginning of the year and use up all our benefits we won't be able to get paid for any holidays.
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shippey123
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3/28/2025, 8:02:46 PM
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You’ve tracked this circus... us begging for our due. Plot twist: they axed holiday pay, slapped ‘sick leave’ on it, and smirked... looks like I've gotta throw in the towel. They won't give us what we asked for and said be grateful for what you've got
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logical
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3/28/2025, 8:10:47 PM
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Sad story, You had a noble cause and you rallied the team in a common effort to help the workforce. There is a good lesson to everyone here in your story though. The name of the bill and what you are voting for, is not necessarily the reality. "Paid Medical Leave Act (PMLA)" Sounds like a great headline. Just as the "Inflation Reduction Act" sounds great right? The name of the bill is almost the opposite of what is written inside of it often times these days.
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