Last month, state House Reps. Poleski, Zorn, MacGregor and Lori introduced legislation (HB 4249) seeking to preempt local governments from enacting ordinances or policies that strengthen workers' job security during bona fide sick leaves, medical leaves, family care leaves, military leaves, jury duty leaves, etc. In Michigan and much of the country, local governments have long held broad authority to legislate within their jurisdictions and local ordinances have served as the vehicles whereby new ideas for improved legislation is first proposed, enacted, and tested. Local governments in California, Florida, New York, Oregon, Pennsylvania, Washington, Wisconsin and other states have in recent years considered and/or adopted improved employee leave ordinances. In industries such as food service where workers interact directly with the public and in industries where workers job security is commonly precarious, proponents have noted that sick leave promotes a public health function and that other forms of leave promote community and family values.
House Bill 4249 however would prohibit municipalities from adopting any law or policy that provides greater protections than is found within existing federal or state law. Presently, no federal or Michigan legislation provides for sick leave and workers are provided only limited rights to unpaid leave under the federal Family and Medical Leave act. With no improvements in state leave law on the horizon and passage of the state's right to work law severely limiting the likelihood of new workplaces coming under collective bargaining agreements that might provide such leave, HB 4249 would likely ensure that Michigan workers will not see sick leave protections or long sought improvements to family and medical leave, military leave, or jury duty leave in the foreseeable future.