New Year, New Handbook: Michigan ESTA, FMLA & ADA Updates Every Employee Should Check

For many Michigan employers, the start of a new year comes with a familiar administrative task: updating the employee handbook. Sometimes it’s presented as routine housekeeping. Other times it’s rolled out with a quick email asking employees to “review and acknowledge.” What often gets overlooked is how much power those few updated pages can actually carry.

Employee handbooks quietly control some of the most important aspects of your job—how much sick time you earn, when you can take medical leave, how discipline works, and what happens if you need an accommodation. A handbook isn’t just a guide; in many cases, it becomes the rulebook your employer relies on when making decisions that affect your paycheck and your job security.

That’s why so-called “routine updates” deserve a closer look. Small wording changes can materially affect employee rights, especially when they touch on legally protected leave or attendance rules. In Michigan, three areas deserve particular attention whenever a handbook is revised: earned sick time under the Michigan Earned Sick Time Act (ESTA), medical leave under the FMLA, and disability accommodations under the ADA. If any of those apply to you, the new handbook matters more than you may realize.

Michigan’s Earned Sick Time Act (ESTA)

Overview of Michigan ESTA

Under Michigan’s Earned Sick Time Act:

• Most Michigan employees are covered
• Certain limited categories may be excluded
• Covered employees have a legal right to earn and use sick time

That right exists regardless of how an employer labels the policy.

Accrual and Carryover Rules

Employees should confirm whether the new handbook changes:

• How sick time is earned
  
  • Hour-by-hour accrual
  • Frontloaded time at the start of the year
• Annual limits
  
  • Maximum hours earned per year
  • Maximum hours usable per year
• Carryover rules
  
  • Whether unused time carries forward
  • Whether carryover complies with employer size requirements

Small and large employers are treated differently under ESTA, and a “one-size-fits-all” policy may violate the law.

Permitted Uses of Earned Sick Time

ESTA sick time can legally be used for:

• Your own illness or preventive care
• Caring for a family member
• School or workplace closures
• Issues related to domestic violence or sexual assault

Handbooks that narrow these uses—or fail to list them—may unlawfully restrict employee rights.

Employer Restrictions and Common Red Flags

Problematic handbook language often includes:

• Demands for immediate medical documentation
• Discipline tied to protected sick time
• Automatic write-ups for absences

A major red flag is a “no-fault” attendance policy that:

• Assigns points for absences
• Does not exclude ESTA-protected time
• Leads to discipline or termination

These policies frequently conflict with Michigan law.

What to Compare in the New Handbook

Employees should always compare:

• Old sick-time policies vs. new language
• Changes to call-in requirements
• New disciplinary consequences
• Narrower definitions of “approved” absences

Subtle wording changes can significantly limit how—and whether—you can use earned sick time.

FMLA Updates and Policy Changes Employees Should Spot

FMLA Basics Refresher

The FMLA applies only if certain thresholds are met, which is why handbooks often define eligibility carefully.

Key baseline rules include:

• Covered employers
  
  • Private employers with 50 or more employees within a 75-mile radius
  • Public agencies and schools (regardless of size)
• Eligible employees
  
  • At least 12 months of employment
  • At least 1,250 hours worked in the prior 12 months
• Qualifying reasons for leave
  
  • A serious health condition
  • Caring for a spouse, child, or parent
  • Birth, adoption, or foster placement
  • Certain military-related reasons

If a new handbook tightens or redefines any of these concepts, that change deserves scrutiny.

Leave Calculation and Measurement Periods

One of the most important—and most easily overlooked—handbook changes involves how FMLA leave is calculated.

Common methods include:

• Calendar year
• Fixed 12-month period
• Rolling 12-month period measured backward

Why this matters:

• A shift to a rolling method can drastically reduce available leave
• Employees may lose time they assumed was still available
• Poor explanations in handbooks often lead to unlawful denials

If the measurement method has changed, employees should not assume their leave bank resets the way it used to.

Medical Certification Rules

Handbooks often expand certification requirements in ways that exceed what the law allows.

Employees should watch for:

• Requests for medical details beyond what the FMLA permits
• Shortened deadlines to return certification
• Automatic denial language if paperwork is delayed

The FMLA strictly limits:

• What information employers may request
• When recertification is allowed
• How often updated documentation can be demanded

Overly aggressive certification language is a common source of FMLA violations.

Job Protection and Return-to-Work Language

FMLA leave is job-protected, but handbook language sometimes undermines that protection.

Employees should review whether the handbook properly explains:

• Return to the same or an equivalent position
• Equivalent pay, benefits, and working conditions
• Limits on fitness-for-duty requirements

Warning signs include:

• Policies suggesting demotion is routine after leave
• Broad “business needs” exceptions
• Mandatory full medical clearance for all employees

Common Handbook Problems

Certain phrases appear repeatedly in unlawful FMLA policies, including:

• “Employee must be 100% healed to return to work”
• Automatic discipline for absences during approved leave
• FMLA leave running concurrently without proper notice
• Attendance points assessed for protected time

These provisions frequently violate federal law, even if they appear in a formal handbook.

ADA Accommodation Policies

ADA Coverage Overview

The ADA applies when:

• The employer has 15 or more employees
• The employee has a disability as defined by law

A qualifying disability includes:

• Physical or mental impairments
• Conditions that substantially limit major life activities
• Many temporary or episodic conditions

Handbooks that narrowly define disability may conflict with current legal standards.

The Interactive Process Explained

Employers have a legal duty to engage in an interactive process once an accommodation is requested.

Handbook language matters because it can:

• Discourage employees from requesting help
• Improperly shift the burden to the employee
• Delay or shut down the accommodation process

Policies that require “formal” requests or discourage discussion can unlawfully interfere with ADA rights.

Reasonable Accommodation Examples

Reasonable accommodations are fact-specific, but common examples include:

• Modified schedules or reduced hours
• Temporary job restructuring
• Remote or hybrid work arrangements
• Adjusted start times or break schedules

Handbooks that state accommodations are “rare,” “temporary only,” or “disfavored” raise serious concerns.

Unlawful Policy Language to Watch For

Certain provisions regularly violate the ADA, including:

• Automatic termination after leave exhaustion
• Blanket denials of accommodations
• Mandatory full medical releases
• One-size-fits-all accommodation rules

The ADA requires individualized assessment, not blanket policies.

ADA and FMLA Overlap

A critical issue often missed in handbooks is what happens after FMLA ends.

Key points employees should know:

• FMLA expiration does not end ADA obligations
• Additional leave may be a reasonable accommodation
• Employers must still engage in the interactive process

Policies that treat FMLA exhaustion as automatic termination are frequently unlawful.

Protect Yourself Before Signing

A new or revised employee handbook is rarely “just paperwork.” While employers often present updates as administrative or routine, handbook changes can quietly alter how leave is approved, how absences are counted, and how discipline is imposed. For Michigan employees, even minor wording adjustments can affect legally protected rights under state and federal law.

Before accepting new terms, employees should take handbook updates seriously. If something feels restrictive, unclear, or inconsistent with your understanding of your rights, it’s worth getting answers before a problem arises. Reviewing these policies early can prevent lost benefits, unnecessary discipline, or retaliation down the road.

Contact Batey Law Firm, PLLC

If you’ve received a new handbook, are being denied leave, or believe your rights under Michigan law are being limited, experienced employment attorney Scott Batey can help you understand where you stand and what options you have.

Batey Law Firm, PLLC
30200 Telegraph Rd., Suite 400
Bingham Farms, MI 48025
📞 248-540-6800
📧 sbatey@bateylaw.com