2022 Changes to Michigan’s Paid Medical Leave: ‘Back to the Future’? Well, Not So Fast!

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

The Michigan Court of Claims issued a stay of its July 19, 2022, decision in Mothering Justice v. Nessel that had reinstated ballot initiatives that would have drastically changed the state’s paid medical leave and minimum wage laws. The stay is in place until February 19, 2023. This means that the adopted and amended versions of these laws will remain in place for now.

In agreeing to stay the ruling for 205 days, until February 19, 2023, Judge Shapiro rejected the request for a stay pending appeal. He said that any further stays would have to be granted by the Michigan Court of Appeals or Michigan Supreme Court. A request for a stay until the case is fully decided has not yet been filed with the appellate court—but is expected.

Employers can breathe a sigh of relief for now, but they may want to keep an eye on this case, given the significant differences between the amended versions of the laws that are currently in effect (and will remain in effect during the stay) and the original ballot initiatives.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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