Michigan Earned Sick Time: 2026 Dental Practice Checkup
Michigan’s Earned Sick Time Act (ESTA) applies broadly to employers with one or more employees, including dental practices.
For dental practice owners, the 2026 question is no longer whether this rule is coming—it is whether your written policy, payroll setup, scheduling practices and records are working together correctly.
WHAT CHANGED
ESTA took effect February 21, 2025. For small businesses with 10 or fewer employees, accrual generally began October 1, 2025. A limited delayed effective date may apply to a small business that did not employ anyone on or before February 21, 2022.
WHO MAY BE AFFECTED
All Michigan employers with one or more employees are generally covered. Full-time, part-time and temporary employees count when determining whether an employer is a small business. Per diem or flexible employees are not automatically exempt when the practice controls the schedule.
WHAT TO CHECK NOW
• Confirm your employer size under ESTA. A small business generally has 10 or fewer employees.
• If using accrual, confirm employees receive at least one hour of earned sick time for every 30 hours worked.
• Confirm your annual use limit. Small businesses may generally limit use to 40 hours; other employers may generally limit use to 72 hours.
• If frontloading time, confirm the amount and part-time proration meet the state requirements.
• Give new hires the required written notice and provide employees with your current written call-off and leave procedures.
• Display the required ESTA poster where employees can see it.
• Retain records of hours worked and earned sick time used for at least three years.
DENTAL PRACTICE WATCH-OUTS
• An existing PTO bank works only if it provides at least the same benefits, permitted uses, conditions and accrual required by ESTA.
• For foreseeable leave, required advance notice cannot exceed seven days. For unforeseeable leave, notice must be allowed as soon as practicable or under a compliant written policy.
• Documentation may generally be required only after more than three consecutive days of leave. If the practice requires it, the employer is responsible for the employee’s out-of-pocket cost.
• Approved ESTA time should not be counted as an attendance occurrence that leads to discipline.
• Health, domestic-violence and sexual-assault information must be kept confidential.
• Review payroll, timekeeping and scheduling systems together so accrual and use are tracked consistently across locations and employee types.
WHAT TO DO THIS MONTH
1. Compare your handbook and PTO policy with the current Michigan LEO FAQ.
2. Test one hourly and one salaried employee’s accrual calculation.
3. Confirm the required poster is displayed.
4. Audit new-hire notices and three-year record retention.
5. Have employment counsel review any policy that limits notice, documentation or attendance.
LAST REVIEWED
August 21, 2026.
OFFICIAL SOURCES
Michigan LEO Earned Sick Time FAQ:
Michigan LEO Earned Sick Time Act page, statute and required poster:
https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/paid-medical-leave-act
IMPORTANT
This update provides general educational information for dental-practice operations. It is not legal, accounting, clinical or regulatory advice. Practices should confirm their specific obligations with qualified employment counsel and the appropriate government agency.
