Michigan Maternity Laws
Michigan does not have its own laws in regards to maternity leave but rather uses two kinds of federal laws to protect employees. It is illegal for an employer to terminate a pregnant or an employee on leave because of these necessities. The Pregnancy Discrimination Act directly states that women who are employed and expecting shall not be discriminated in the workplace. However if the company or business is laying off employees due to financial reasons or other lawful reasoning, expectant women and those on maternity leave shall not be exempt from termination.
Maternity leave is available for not only female employees but also male employees and for varying reasons. Maternity leave is protected by the 1993 Family and Medical Leave Act that allows employees to take a leave of absence for personal reasons. These reasons often include hospitalization, the care of an ill child, the care of an elderly parent, maternity leave, and any other psychological or medical need. Maternity leave does not only include allowing a mother to care for her newborn but also includes allowing adoptive parents to bond with their new children. Paternity leave is also available in some cases.
Family or medical leave will last up to twelve weeks and will need to be taken consecutively. These twelve weeks are available once every year as needed; however they must be taken in a row and not spread throughout several months. This leave is protected by law and will not allow an individual to be terminated from his or her employment.
When an individual returns to his or her employment, he or she will receive his or her former position or a position of equal payment and benefit. While an employee is on leave, an employer may choose to hire a temporary employee who will be terminated after twelve weeks or have current employees take on extra tasks for the allotted time.
The United States does not have a federal law mandating employees have holidays off nor be paid extra for working on holidays. Michigan also does not have a state law requiring employers to provide this benefit. It is fully legal in the United States for a company or business to be open three hundred and sixty-five days a year, thus requiring employees to work. Federal holidays do not include most businesses and are generally only for post offices and government agencies.
Employers may choose to pay employees more for working holidays and are required to do so if stated in a written contract. Employees may also have holidays off if permitted by an employer. Most often holidays off are not paid, however some company benefits may provide this through contract.
The state of Michigan currently has a minimum wage of seven dollars and forty cents, which is fifteen cents above the federal requirement. Employers are required to pay no less than this wage in all cases. However an employee who is tipped on a regular basis is allowed to be paid two dollars and sixty-five cents an hour, as tips make up the wage difference.