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Is Your Municipality Ready to Provide Paid Military Leave to First Responders?

Michigan law now includes two new laws that affect some public safety employers and employees. Public Act 58 of 2026 (“PA 58”) creates the brand new Military Leave for First Responders Act. Public Act 57 of 2026 (“PA 57”) updates an older military leave law so local governments may still offer certain extra pay or leave programs, so long as those programs work with PA 58. In simple terms, these two new laws (1) give certain full-time police and fire employees paid time off when they must serve or train in the military reserves and (2) give local governments the option to help make up the difference between an employee’s regular pay and military pay.

PA 58 went into effect on July 23, 2026, so it’s time to learn more about your responsibilities!

Key Takeaways

  • The law applies to organized fire departments and law enforcement agencies, including the Michigan State Police, county sheriff’s offices, and local police departments.
  • Those employers must provide at least 26 days of paid military leave each year to eligible full-time first responders for: military duty, deployment orders, training, or a preinduction physical exam for someone seeking to join a reserve component.
  • Unused paid military leave does not carry over to the next year and cannot be paid out; if it’s unused, it’s forfeited.
  • Employees must give their employer a copy of the military orders and, for longer leaves, must give advance notice.
  • Current collective bargaining agreements may delay when the new requirements apply.
  • Local governments may still create a differential pay program or provide a set number of paid leave days, but those programs must follow the new first responder law.
  • Rights to paid military leave cannot be waived or bargained away.

Read on for a deeper dive on these two new laws and some practical takeaways.

Requirements of PA 58, the new Military Leave for First Responders

PA 58 requires covered employers to give eligible employees at least 26 days of paid military leave at the start of each year. The employee must be paid at the employee’s regular pay rate while using this leave. If the employee is covered by a collective bargaining agreement, the employer must also provide the contractually required fringe benefits and accruals that normally apply during employment. And, of course, employers must comply with the federal USERRA military leave law. (More info on that here!)

Who Is Covered?

This new law applies to two types of public safety employers: organized fire departments and law enforcement agencies. A law enforcement agency includes the Michigan State Police, a county sheriff’s office, and a police department of a local unit of government. An organized fire department includes a governmental fire department or lawfully organized firefighting force that protects life and property from fire, explosion, or disaster.

To be eligible for the leave, the employee must be (1) a full-time member of the covered employer and (2) enlisted in a reserve component of the United States Armed Forces. This includes the Army National Guard, Air National Guard, and the reserves of the Army, Navy, Marine Corps, Air Force, and Coast Guard. Part-time, volunteer, or paid on-call members are not eligible for this benefit.

When Can the Leave Be Used?

Eligible employees may use paid military leave for military duty or training. This includes an order to report or deploy, as well as an order for a preinduction physical exam to enlist in a reserve component.

The employee may use other available leave for a military absence, but the law does not require the employee to do so. Employers also may not reduce wages or benefits that are already available under a collective bargaining agreement or other applicable law.

Employee Notice Requirements

Eligible employees must give their employer a copy of the military orders when asking to use paid military leave. If the leave will last at least 10 consecutive days but less than 20 consecutive days, the employee must request the leave at least 14 days before it begins. If the leave will last 20 or more consecutive days, the employee must request the leave as far in advance as reasonably possible.

What Happens to Unused Leave?

Unused paid military leave expires at the end of the year. There is no right or obligation to let an employee carry unused days into the next year or to pay the employee money or give another benefit for unused paid military leave.

What About Collective Bargaining Agreements?

If a collective bargaining agreement was already in effect on July 23, 2026, and PA 58 conflicts with that agreement, the new law does not apply until the agreement expires or a new agreement is entered into, whichever happens first. Be sure to review current contracts before changing policies or practices and understand that the right to the leave also cannot be waived or bargained away.

What PA 57 Adds

PA 57 keeps an option open for local governments. A city, village, township, or county may adopt an ordinance, resolution, or personnel policy that provides a differential pay program or a specific number of paid leave days for employees who enter active service in a uniformed service. A differential pay program means the employer pays all or part of the gap between the employee’s regular government pay and the employee’s military pay, if the regular pay is higher.

PA 57 is tied to PA 58. That means local governments may still offer these programs, but they must do so subject to the Military Leave for First Responders Act.

Practical Steps for Employers

  • Review current military leave policies for police and fire employees.
  • Check collective bargaining agreements to see when the new law applies.
  • Update handbooks, contracts, personnel policies, and payroll procedures.
  • Create a process for employees to submit military orders and leave requests.
  • Decide whether to adopt or update a differential pay program under Public Act 57.
  • Train supervisors and your employees so they understand who qualifies, how much leave is available, and what notice is required.

Bottom Line

These laws give eligible full-time police and fire employees stronger paid leave rights when they serve in the military reserves. They also give local governments room to offer extra support through differential pay or additional paid leave. Employers should act now to review contracts, update policies, and make sure payroll and supervisors are ready.

This publication is intended for educational purposes only. This communication highlights specific areas of law and is not legal advice. The reader should consult an attorney to determine how the information applies to any specific situation.

 

 

Author

  • Image of Helen Lizzie Mills

    Member and Labor & Employment Practice Group Leader
    Helen “Lizzie” Mills is a Member of Fahey Schultz Burzych Rhodes PLC and leads the firm’s Labor & Employment Practice Group. She advises public and private sector clients on a wide range of municipal and employment matters, including policy development, governance issues, regulatory compliance, and collective bargaining. Lizzie works closely with local officials, boards, and employers on employment matters, negotiations, and the administration of labor agreements. She has been recognized by Best Lawyers and Super Lawyers, including a recent selection as the 2026 Lawyer of the Year in Municipal Law in Lansing.

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