Court of Appeals reverses the Court of Claims and restores the Paid Medical Leave Act

On January 26, 2023, the Michigan Court of Appeals issued an opinion in Mothering Justice, et al v Dana Nessel and the State of Michigan, Case No. 362271, reversing the Court of Claims decision that had restored the Earned Sick Time Act (ESTA), as well as an earlier version of the minimum wage legislation.  The Court of Claims had ruled that the manner in which the legislature enacted the Paid Medical Leave Act (PMLA) and the Improved Workforce Opportunity Wage Act (IWOWA) in December 2018 was unconstitutional.  The Court of Appeals disagreed.  


Read the opinions here:

For Publication Opinion of the Court of Appeals

RIORDAN, J. (concurring)

M. J. KELLY, P.J. (concurring) 

The ESTA was scheduled to go into effect on February 19, 2023.  The January 26, 2023, Court of Appeals decision has immediate effect and therefore the ESTA will not be restored and the PMLA will not be disturbed, and is the current law. The Plaintiffs indicated that they intend to appeal the Court of Appeals decision to the Michigan Supreme Court, but for now the governing statutes are the PMLA and IWOWA.

Lisa T. Milton

If you have any questions concerning the status of the PMLA or IWOWA or would like to make sure your organization complies with the statutes, contact Lisa Milton by phone at 248.641.8486, or by email at [email protected].

The attorneys at Bowen, Radabaugh & Milton, P.C. will continue to provide further updates and analysis to our clients regarding this opinion and what it means for employers.