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
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