Legal Question in Medical Leave in Michigan

Pregnancy Leave in Michigan, outside of FMLA

Although some states have enacted state versions of the Family Medical Leave Act, Michigan does not have such a law. Unless a Michigan employer is subject to the Family Medical Leave Act, then the employer is not required to provide pregnancy leave or to keep available the job of someone who does not report to work solely due to pregnancy. On the other hand, if the employer, either by policy or by routine, permits other forms of medical or personal leave to other employees, but refuses to grant that leave to pregnant employees (or if the employer only requires pregnant persons to use their vacation time but allows others to use non-vacation time off), then the employer might be engaging in discrimination. If an employer discriminates in Michigan, on the ground of gender or pregnancy, then the employer risks having liability under the Michigan and/or federal civil rights laws. The employer might also be found to have wrongfully discharged the employee, which is an employment-based (as oppposed to civil rights) claim. A person who has been subjected to such treatment should contact an attorney to discuss the particular circumstances which affect the employment.