Earned Sick Time Act Policy

Earned Sick Time

This policy complies with Michigan’s Earned Sick Time Act (“ESTA” or “the Act”) and reflects our commitment to support employee health and safety. The College will adhere to these guidelines while maintaining a respectful approach to employee privacy.

What is ESTA?

ESTA provides paid leave to employees when they are unable to perform their scheduled work responsibilities due to illness or for ESTA-covered absences.

Who is Eligible for ESTA Leave?

The Earned Sick Time Act is applicable to all eligible CCS employees whose work is performed in Michigan:

  • Full-time Staff
  • Part-time Staff
  • Full-time Faculty
  • Stipend Paid Employees—Adjunct Faculty, CE Mentors, RA’s
  • Part-time Variable Hours Paid Employees — Models, Temporary, CAP, CE, Work-Study, Graduate Assistantships

If you are unsure of your eligibility, please contact Human Resources.

Eligibility does not include:

Individuals who are employed in accordance with the Youth Employment Standards Act, 1978 PA 90, MCL 409.101 to 409.124. 15

In states where other leave laws are required, the state in which the employee resides and works will prevail.

How is ESTA Leave Requested?

Employees will continue to follow their internal department absence/leave process for requesting or notifying about time off.

Further, if ESTA-related leave is foreseeable, an employee shall provide at least seven (7) days advance notice of the intention to use the leave; however, if the leave is not foreseeable, an employee shall give notice as soon as practicable, which is generally the same or next business day.

Employees who are required to record work hours in TimeClock Plus (TCP) are expected to record hours weekly. For employees utilizing TimeClock Plus (TCP), the ESTA hours code is to be used to record absences taken for ESTA-related reasons.

For earned sick time of 3 or more consecutive days, the College may require reasonable documentation that the earned sick time has been used for a purpose described in the Act. If requested, the employee must provide the documentation to the College in a timely manner, not more than 15 days after the College’s request. The College shall not delay the commencement of earned sick time because the employer has not yet received documentation.

Acceptable Forms of Documentation if Requested:

  • Medical-Related Absence: A note from a healthcare provider confirming a visit or need for care, without a description of the illness or specific diagnosis details.
  • Domestic Violence/Stalking: A court document, police report, or letter from a counselor/victim advocate confirming the situation, without details of the violence.
  • Public Health Emergency: A notice of school closure or an employer’s email about workplace shutdown due to a health emergency.
  • Family Member Care: A note verifying the employee’s presence for a family member’s appointment or care, again without health specifics.

How is ESTA Leave Earned?

Employees may earn ESTA hours through the following methods and as reflected in the below table:

  • Within Employee’s PTO Calculation: For employees who currently receive PTO benefits, ESTA hours are already included in your current PTO calculation. In other words, employees may use their earned PTO for ESTA-related reasons. There are no additional hours allocated. Employees are either front-loaded PTO at the beginning of the calendar year or accrue PTO annually based on hours worked as identified in the below table.
  • Front Load – Full-Time Employees: The College will provide salaried exempt employees who do not currently receive PTO benefits (as reflected in the table below) with 72 hours of paid earned sick time at the beginning of the calendar year for immediate use. For 2025, employees received a prorated amount of ESTA hours for the 2025 calendar year on February 21, 2025 (which was ESTA’s effective date). There will be no carryover of unused hours to the following benefit year.
  • Front Load – Part-Time, Temporary, Seasonal Employees: The College will provide certain part-time, temporary, and seasonal employees who do not currently receive PTO benefits (as reflected in the table below) with a prorated amount of paid earned sick time that can be taken for qualifying reasons under the ESTA, up to a maximum of 72 hours, based upon the amount of sick time the employee would otherwise be expected to accrue during the benefit year. Employees will be notified of this amount in writing. If a part-time, temporary, or seasonal employee works more hours than expected, the Company will provide additional hours accordingly on the basis of 1 hour of earned sick time for every 30 hours worked. These employees may not carry over accrued, unused PTO from one benefit year to the next.
  • Accrual Method: The College will provide certain employees who do not currently receive PTO benefits (as reflected in the table below) accrual of one (1) hour of paid ESTA Leave for every 30 hours worked, but employees may use no more than 72 hours of PTO annually. The College’s benefit year is a calendar year running from January 1 – December 31.
    • Employees may carry over up to 72 hours of unused earned sick time to the following benefit year.
    • Accrual begins on February 21, 2025 or upon commencement of the employee’s employment, whichever is later.

ESTA hours are paid at the employee’s normal base rate and does not include overtime pay, holiday pay, bonuses, commissions, supplemental pay, piece-rate pay, tips or gratuities.

A maximum of 72 hours of PTO may be used for ESTA-related purposes annually.

Please reference table below for further details:

Employee TypeMethodHoursTracking MethodUsageCarryover
Full-Time SalaryCovered by existing PTO Bank – Front Load72TCP – ESTA CodeImmediateNone
Full-Time HourlyCovered by existing PTO Bank – Front Load72TCP – ESTA CodeNone
Full-Time FacultyFront Load AnnuallyDepartment OfficeNone
Part Time HourlyAccrual – Earn based on hours worked and included in existing PTO calculationsAs earnedTCP – ESTA CodeAs accruedYes, up to 72 hours of unused PTO
Adjunct FacultyFront load based on course tally ea. Semester of 15 weeksLecture =3.38 hours per course/semester
Studio = 7.75 hours per course/semester
Substitute form or Gold formImmediate with true up at semester endNone
RA’sFront Load based on estimated hours worked each semester of 15 weeks7.5 hours per semesterOne-time payment formImmediate with true up at semester endNone
CE Mentors-StipendFront load based on estimated hours worked each program session5 hours per program sessionOne-time payment formImmediate with true at session endNone
Graduate AssistantshipAccrual – earn based on hours workedPlease contact payrollTCP – ESTA CodeAs accruedUnused ESTA hours
Work StudyAccrual – earn based on hours workedPlease contact payrollTCP – ESTA CodeAs accruedUnused ESTA hours
CAP Instructors, CE Instructors, Models, Temporary & other hourlyAccrual – earn based on hours workedPlease contact payrollTCP – ESTA CodeAs accruedUnused ESTA hours

How is ESTA Leave Used?

  • ESTA leave, and PTO taken for ESTA-related reasons, must be taken in one (1) hour increments.
  • Employees are entitled to use no more than 72 hours of ESTA leave, or PTO for ESTA-related reasons, per year.
  • Reasons for ESTA Leave are detailed below.
  • An employee’s ESTA leave bank will be available under Self-Service – leave bank. If ESTA hours are recorded in TCP, information will be on pay statements.

Reasons for ESTA Leave Usage

ESTA Leave may be used only for the following reasons:

  • The employee’s mental or physical illness, injury, or health condition; medical diagnosis, care, or treatment of the employee’s mental or physical illness, injury, or health condition; or preventative medical care for the employee.
  • For the employee’s family member’s mental or physical illness, injury, or health condition, medical diagnosis, care, or treatment of the employee’s family member’s mental or physical illness, injury, or health condition or preventative medical care for a family member of 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 psychological 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.
  • For closure of the employee’s place of business 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 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, whether or not the employee or family member has actually contracted the communicable disease.

For purposes of ESTA Leave, “family members” include:

  • A biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, or a child to whom the employee stands in loco parentis.
  • A biological parent, foster parent, stepparent, or adoptive parent or a legal guardian of an employee or an employee’s spouse or domestic partner or an individual who stood in loco parentis when the employee was a minor child.
  • An individual to whom the employee is legally married under the laws of any state or a domestic partner.
  • A grandparent.
  • A grandchild.
  • A biological, foster, or adopted sibling.
  • An individual related by blood to the employee.
  • An individual whose close association with the employee is the equivalent of a family relationship.

Separation from Employment

Unused, accrued ESTA hours will not be paid out upon separation from employment.

Employees that separate from employment for more than two (2) months lose all accrued, unused earned sick time. Should an employee return to employment prior within two (2) months, the employee’s ESTA hours balance will be reinstated.

Job Protection and Non-Retaliation

Employees are entitled to use ESTA hours without fear of retaliation or disciplinary action. Employees are not required to find a replacement when ESTA hours are used.

Coordination with Other Leave Policies

ESTA hours can be used in conjunction with other leave entitlements, such as FMLA or Short-Term Disability, where applicable. Employees should consult HR for specific guidance on combining leaves.

Administration and Contact

For more information regarding your rights under the ESTA, see the legal posting located in the following buildings across the Ford and TC campuses and also outside of the Human Resources Office and on the Human Resources Office Page.

For questions about this policy, contact the HR Department. Questions regarding your PTO hours or ESTA hours, contact the Payroll Department.

Policy Contact

EFFECTIVE DATE
March 24, 2025

LAST UPDATED DATE
March 26, 2025

APPROVING OFFICE
Administration and Finance