Domestic violence can affect an employee’s health, safety, attendance, and ability to remain employed. Michigan employers should understand two important laws that provide support for employees experiencing domestic violence or sexual assault – the Earned Sick Time Act (ESTA) and recent changes to unemployment eligibility.

Michigan’s Earned Sick Time Act (ESTA) allows eligible employees to use earned sick time when they or a family member experiences domestic violence or sexual assault. Permitted uses include medical care, counseling, services from victim-support organizations, relocation for safety, legal services, and participation in related court proceedings. Leave may also be used for certain school meetings concerning the effects of abuse on a child.

Employers should remember that employees are not required to disclose the details of domestic violence or sexual assault as a condition of receiving leave. When documentation is permitted, specific rules apply to what employers may request. Employers must also protect confidential information and avoid retaliation against employees who lawfully use earned sick time.

Under ESTA, most covered employees accrue one hour of earned sick time for every 30 hours worked, subject to applicable annual limits and employer-size requirements. Employers should review their policies, payroll practices, and procedures for handling leave requests to ensure compliance.

Michigan has also expanded unemployment protections for individuals who must leave their jobs because of domestic violence or to protect a household member, effective July 17, 2026. Under the new provision, affected individuals may qualify for unemployment benefits if they meet the other eligibility requirements.

The change recognizes that leaving a job may be necessary to escape an unsafe situation or relocate to protect personal safety. Employers should understand that a resignation connected to domestic violence may be treated differently when unemployment eligibility is determined.

Employers should review their ESTA policy and ensure employees can use earned sick time for qualifying domestic violence-related needs. Train HR staff and managers to respond appropriately to requests, maintain confidentiality, and avoid assumptions about an employee’s circumstances. When an employee resigns for safety reasons, document the separation accurately and consult HR or employment counsel when questions arise.

Understanding these protections helps employers meet their legal obligations while responding with care, consistency and respect.

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