Earned Sick Leave Policy

I.  Policy Statement

• Per Michigan’s ESTA statute, OCC provides all full-time, part-time, and temporary employees with one (1) hour of sick leave for every thirty hours worked.
  
  
• Paid time off for holidays, vacation, and personal leave does not count as hours worked.
  
  
• Unpaid interns/trainees, employees covered under the Youth Employment Standards Act, and employees who set their own working hours (provided they are not disciplined for the failure to schedule a minimum number of working hours), are not eligible for this benefit. 
  
  
• In the event of a conflict between this policy and procedure and an applicable bargaining agreement, the applicable collective bargaining agreement will control.

II.  Use of Paid Sick Leave

Paid Sick Leave may be used for any of the following circumstances:

• The employee’s or the employee’s family member’s mental or physical illness, injury, or health condition; medical diagnosis, care, or treatment of the employee’s psychological or physical illness, injury, or health condition; or preventative medical care for the employee;
  
  
• If the employee or the employee’s family member is a victim of domestic violence or sexual assault, for medical care or psychological or other counseling for physical or mental 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; or
  
  
• For closure of the College 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.

• For the purpose of this policy, a qualifying “family member” includes all of the following:

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

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

c) A person to whom the employee is legally married under the laws of any state or a domestic partner.

d) A grandparent.

e) A grandchild.

f) A biological, foster, or adopted sibling.

g) Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

• ESTA hours are not in addition to the current paid sick leave provided by the College. For employees receiving paid sick leave, the College is using that paid sick leave to satisfy its ESTA earned sick time obligation. For example, before this Procedure went into effect, a full-time employee working 40 hours per week may have been receiving 12 sick leave days, or what is otherwise specified under their collective bargaining agreement. Now, such an employee will still receive their permitted hours of leave annually, but part of it will consist of ESTA leave hours, and part of it will constitute sick leave.
  
  
• Employees will not be penalized or retaliated against in any way for requesting or using 
  accrued paid sick time for the above designated purposes.

III.  Accrual & Other Provisions

ESTA leave is limited to seventy-two hours per year. For purposes of this policy, a year will be defined as the twelve-month period consistent with an employee’s anniversary year of employment. Sick time will begin to accrue on the first day of employment, but cannot be accessed until after 120 days of employment. Employees will carry over unused sick leave at the end of their anniversary year of employment, but use is limited to seventy-two (72) hours per anniversary year. Any unused sick leave is forfeited and is not paid out when employment ends for any reason.

Upon rehire, the College shall reinstate any accrued but unused sick time that the former employee had at the time of leave if the employee is re-hired within two (2) months from the last day worked.

IV.  Requesting Leave 

Employees must report their leave usage. Employees should follow their regular notification and call-in procedures to notify their immediate supervisor about their intent to use paid sick leave.

Paid sick leave must be taken in not less than one (1) hour intervals.

An employee is not required to provide the reason for the leave, nor to provide documentation (unless otherwise required by the FMLA) as proof or in support of the leave of three (3) consecutive days or less. After four (4) consecutive days or more, the College may require reasonable documentation to support the leave in a timely manner. Reasonable documentation of illness includes a note from a healthcare professional that indicates that the leave is necessary for a covered purpose. In the case of leave for violence, a police report, signed statement or court document indicating the reason for leave will be considered reasonable documentation. If documentation is required, the College shall pay any costs charged to the employee by the healthcare provider for providing the specific documentation. The employee shall provide documentation of the incurred costs.

If the use of leave is foreseeable, the employee should provide seven (7) days' notice to their immediate supervisor. If leave is unforeseeable, employees should notify their immediate supervisor as soon as practicable.

Failure to comply with the procedures herein may result in discipline, up to and including discharge.

V.  Retaliation Prohibited

Neither the College or any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this policy, which is intended to confer the rights and benefits due under the Earned Sick Time Act (ESTA).

The College shall not take a retaliatory personnel action or discriminate against an employee because the employee has exercised a right protected under this policy and the Earned Sick Time Act.

For those employees who schedule their own hours, the College will not take adverse personnel action against individuals who do not schedule a minimum number of working hours.

 “Retaliatory personnel action” could mean any of the following:

• Denial of any right guaranteed under this policy and the ESTA.
  
  
• A threat, discharge, suspension, demotion, reduction of hours, or other adverse action against an employee or former employee for exercising a right guaranteed under this policy and the ESTA.
  
  
• Sanctions against an employee who is a recipient of public benefits for exercising a right guaranteed under this policy and the ESTA.
  
  
• Interference with, or punishment for, an individual’s participation in any manner in an investigation, proceeding, or hearing under the ESTA.

VI.  Remedies

An employee affected by an alleged violation of the ESTA, at any time not later than 3 years after the alleged violation may file a claim with the:

• Michigan Department of Licensing and Regulatory Affairs (LARA), which shall investigate the claim. 

 

Additional information is available from: State of Michigan, Labor & Economic Opportunity, Earned Sick Time Act (FAQ’s), State of Michigan's LARA Website and  OCC Procedure to File a Complaint.

Change Log

• 02/21/2025