Family Illness Time (Earned Sick Time Act) 2.1-6

Introduction/Purpose:

Saginaw Valley State University provides eligible employees with family illness time pursuant to the Michigan Earned Sick Time Act. Family illness time allows employees to earn and take paid time off for issues related to domestic violence, sexual assault, personal and family health and school meetings related to a child’s disability.

Definitions:

Family Member - Includes the following relationships:

• 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 as defined by the Earned Sick Time Act of 2018.
• 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.

Eligible Employees - 

• Employees not covered by a collective bargaining agreement, including student employees.
• Employees covered by a collective bargaining agreement in effect on February 21, 2025, will become eligible upon the expiration of that agreement.

Employee classification - The employment category assigned to an employee by the university. Examples of employee classifications may include, but are not limited to, full-time staff, part-time staff, adjunct faculty, student employees, temporary employees, and other designated employee groups.

Accrual Method – Employees accrue one hour of family illness time for every 30 hours worked.

Frontload Method – The employee will receive the full annual allotment of 72 hours of family illness time at the beginning of each benefit year.

Benefit Year – For the purposes of this policy, “benefit year” is defined as July 1 – June 30.

Separation from Employment – When an individual is no longer employed by SVSU whether the separation is voluntary or involuntary.

Policy:

Eligible employees receive family illness time on their first day of employment, through either an accrual or frontload method based on the employee type, as outlined on the chart below:

New employees must wait 90 days to use any accrued or front-loaded family illness time. The use of family illness time is capped at 72 hours each year, regardless of the number of hours accrued by the employee. Family illness time may only be used when an employee is absent from their scheduled work shift. 

An employee may take paid family illness time for any of the following reasons:

• Physical or mental illness, injury, or health condition of the employee or a family member.
• Medical diagnosis, care, or treatment of the employee or employee's family member.
• Preventative care of the employee or a family member.
• Closure of the employees’ primary workplace by order of a public official due to a public health emergency.
• The care of an employee's child whose school or place of care has been closed by order of a public official due to a public health emergency.
• Exposure to a communicable disease when the employee's or family member's presence in the community would jeopardize the health of others, as determined by health authorities or a health care provider.
• To attend meetings at a child’s school or place of care related to the child’s health or disability.

If an employee or family member is a victim of domestic violence and sexual assault, the employee may use family illness time for any of the following:

• Medical care or psychological or other counseling.
• Receiving services from a victim services organization.
• Relocation and obtaining legal services.
• Participation in civil or criminal proceedings related to or resulting from the domestic     violence or sexual assault.
• To attend meetings at a child’s school or place of care related to the effects of domestic violence or sexual assault on the child.

When the need for family illness time is foreseeable (such as scheduled medical appointments), employees must provide notice to their supervisor at least seven (7) calendar days in advance, unless prevented by emergency or unforeseen circumstances.

When the need for family illness time is not foreseeable, employees must provide notice as soon as practicable. This typically means before the start of the scheduled shift or as soon as reasonably possible.

An employee will not be required to search for or secure a replacement employee as a condition for using family illness time.

If an employee is absent for more than three (3) consecutive workdays, Human Resources shall be notified. The University may require documentation from a health care provider that the leave was used for purposes consistent with this policy. The employee must provide the documentation not more than 15 days after the request. The University is responsible for paying all out-of-pocket expenses charged to the employee by the health care provider for the purpose of obtaining the documentation. Such absences may trigger an employee’s eligibility under the Family and Medical Leave Act (FMLA). To the extent permitted by law, family illness time will run concurrently with Family Medical Leave, if applicable.

Human Resources may request documentation that family illness time has been used for purposes related to sexual assault and domestic violence for a leave of more than three (3) consecutive days. The employee must provide the documentation not more than 15 days after the request. The University is responsible for paying all out-of-pocket expenses charged to the employee for obtaining the documentation. Documentation for this purpose may be requested for only one of the following:

• Police report indicating the employee or employee’s family member was a victim of domestic violence or sexual assault.
• Signed statement from a victim and witness advocate affirming the employee or employee’s family member is receiving services from a victim services organization.
• Court document indicating the employee or employee’s family member is involved in legal action related to domestic violence or sexual assault.

Documentation will not be requested related to a leave for sexual assault or domestic violence that includes details of the violence or sexual assault.

Employees will not be disciplined or be subject to other adverse action for their appropriate use of family illness time.

Unused family illness time is not paid out upon separation of employment; however, if an employee separates employment from the University and is subsequently re-employed by SVSU within two (2) months of their separation date, the employee’s previous unused family illness time will be reinstated, as applicable.

Procedure:

Earned Family Illness Time banks will be recorded in the Workday system as follows:

• Frontload Method – A full balance of family illness time hours will be loaded on July 1st of each year. Unused hours will not be carried over into a new year
• Accrual Method – Accrued hours will be loaded at the end of each pay period after hours worked have been approved. A maximum of 72 hours of unused family illness time will be rolled from one benefit year to the next.

Employees are required to follow the standard procedures for requesting an absence or calling in an unexpected absence for their employee classification.

Employees are required to record their use of family illness time in Workday in the smallest increment permitted for their employee classification.

• Foreseen Absences – Family illness time must be recorded prior to the absence.
• Unforeseen Absences – Family illness time must be recorded within 48 hours of the absence. If the employee is unable to enter their own absence, they are responsible for asking their supervisor for assistance.

Related Policies & Forms

• Family Medical Leave Policy 2.1-2
• Workday Job Aid for Requesting Absences (mySVSU internal access only)

Appendix

https://www.michigan.gov/leo/-/media/Project/Websites/leo/Documents/WAGE-HOUR/WHD-99xx-Information-Sheets/WHD-9911-PMLA-Poster/EARNED-SICK-TIME-ACT-Poster_9911.pdf?rev=65db63fe1c1944a38c1f32d3df1b9011&hash=4005F8DD9998E53354415138B050178C