ESTA FAQs

As of February 21, 2025, all employees of Oakland University, except for employees for whom sick time is addressed under a Collective Bargaining Agreement (CBA), will be eligible for earned sick time (ESTA). Employees for whom sick time is addressed under a CBA will become eligible at the expiration of their current contract.

• Employees can use ESTA time under the following conditions approved under the statute.The employee’s or the employee’s family member’s mental or physical illness, injury, or health condition; medical diagnosis, care, or treatment of the employee’s or the employee’s or the employee’s family member’s mental or physical illness, injury, or health condition; or preventative medical care for the employee or the employee’s family member.
• If the employee or the employee’s family member is a victim of domestic violence or sexual assault, for medical care or psychological or other counseling for physical or psychological injury or disability; to obtain services from a victim services organization; to relocate due to domestic violence or sexual assault; to obtain legal services; or to participate in any civil or criminal proceedings related to or resulting from the domestic violence or sexual assault;
• For meetings at a child’s school or place of care related to the child’s health or disability, or the effects of domestic violence or sexual assault on the child; and
• For closure of the employee’s place of business by order of a public official due to a public health emergency; for an employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency; or when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee’s or employee’s family member’s presence in the community would jeopardize the health of others because of the employee’s or family member’s exposure to a communicable disease, regardless of whether the employee or family member has actually contracted the communicable disease.
• An employer shall not require an employee to search for or secure a replacement worker as a condition for using ESTA time. 

Family members include:

• Biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, or a child to whom the employee stands in loco parentis
• Biological parent, foster parent, stepparent, or adoptive parent or a legal guardian of an employee or an employee’s spouse or domestic partner or a person who stood in loco parentis when the employee was a minor child
• Grandparent
• Grandchild
• Biological, foster, or adopted sibling
• Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship

Domestic partner: an adult in a committed relationship with another adult, including both same-sex and different-sex relationships

Committed relationship: one in which the employee and another individual share responsibility for a significant measure of each other’s common welfare, such as any relationship between individuals of the same or different sex that is granted legal recognition by a state, political subdivision, or the District of Columbia as a marriage or analogous relationship, including, but not limited to, a civil union

Accruals begin on February 21, 2025, or upon commencement of the employee's employment, whichever is later.

Employees who were previously eligible for sick time accruals will have current sick time allocated between ESTA and SICK accruals.  

• As an example, if you are currently eligible for SICK bank balance of 1040 hours, your updated starting balance each anniversary will be 968 hours of SICK. The additional 72 hours will be allocated to ESTA sick time.  
• ESTA hours will reset to 72 hours each January 1st.

No. ESTA sick hours do not vest and are not eligible for payout.

• Employees employed on February 21, 2025, begin accrual and may use accrued hours immediately.
• Employees who are reemployed within a 2-month period after termination are considered to have continued employment for purposes of ESTA.
• Employees may use ESTA for scheduled work hours.

Accrual balances are available in the Employee Resources widget on the University SAIL webpage. Choose the “Leave Report” option. Accrual balances will display in the upper right corner.

• Yes, if the employee’s accrual balance is determined on the accrual basis. A maximum of 72 hours will be available for carryover 
• Employees that are front-loaded will receive 72 hours of ESTA sick time each January with no carryover

Oakland University will use a standard calendar year beginning each January 1st for the benefit year for ESTA carryover, frontloading and number of hours available purposes.

ESTA sick time usage is limited to a maximum of 72 hours of use each calendar year.

• Employees separated from employment for 2 months or less maintain all accrued ESTA sick time prior to the separation, begin accruing additional hours upon reemployment, and may use any accrued hours.  
• Employees transferred to another classification or department maintain all accrued hours and continue accruing hours.  
• Employees separated from employment for more than 2 months lose all accrued, unused ESTA sick time.

Yes, ESTA sick time must be used in 1-hour increments.

No, a “mental health” day is not an approved conditions approved under the statute.

No, pets would not be considered family members for the purpose of taking ESTA time.

• Like other leave benefits, the ESTA sick time may run concurrently with FMLA approved leave provided that the leave meets the requirements of FMLA. However, if ESTA leave is being used, requirements on advance notice, unforeseeable leave, documentation requirements, will be applied under the ESTA provisions.  
• Once ESTA leave is exhausted or not being used for a FMLA or other covered leave, the FMLA or other leave provisions apply.

• Employees paid on the monthly payroll cycle will be required to complete a Leave Report in the University SAIL system to record any ESTA time used. Leave reports are due by the end of business on the first working day of each month.  
• Supervisors of monthly employees will be able to review any ESTA sick time that is submitted by their direct reports on their Leave Report.  
• Supervisors of employees paid on the bi-weekly payroll cycle will add ESTA sick-time usage into the Ultratime time and attendance system.

Yes, all employees who are paid monthly who are eligible to receive ESTA time are required to complete a leave report. The state of Michigan requires OU to be able to report on all ESTA time received and used by employees. Employees are only required to submit leave reports in months that they receive pay.

No, employees are only required to submit leave reports in months that they receive pay.

Monthly employees can access their leave reports using the Employee Resources widget on the MySail webpage.

1. Choose “Leave Report”
2. Choose “Enter Leave Report”
3. Choose the appropriate month.

Any ESTA time used should be recorded on the date the ESTA time was used using “ESTA” from the Earn Code drop-down.

The student employee would earn one ESTA hour of paid time off for every 30 hours worked between both jobs. If the student worked 22 hours in one position and 8 hours in another position, they would have one ESTA hour to use in either position, whenever they were to need it.

A student employee works for our unit and has other on-campus jobs as well. How will I determine how much ESTA time is earned in the other unit and vice versa? And how will we coordinate the time taken in each unit?

Since OU is a single employer, all hours worked on all jobs will be totaled together to determine ESTA time earned, used, and available. If the student employee needs to use any time off, the department for which they are scheduled to work would be responsible for funding the requested ESTA time off.

If the need for taking ESTA sick time is not foreseeable, the University may require the employee to give notice of the intention to use ESTA sick time as soon as practicable. Deciding what is practicable is dependent on the unique facts and circumstances of each situation, and the parties should approach this requirement with reasonable minds. Notification as soon as practical for unforeseeable leave is also included in the Family Medical and Leave Act (FMLA). For consistency, the consideration under ESTA would be similar; or if the need for taking ESTA sick time is foreseeable, employees must provide their supervisor advance notice not to exceed seven (7) days before the date the ESTA sick time is to begin, or otherwise as soon as practicable.

• For ESTA sick leave of more than three consecutive days, the University may require reasonable documentation that the ESTA sick leave has been used for a permissible purpose. Upon request, the employee must provide this documentation in not more than 15 days after the employer’s request.
• Employer required documentation should not include a description of the illness or details of the violence.
• If an employer requires documentation, the employer is responsible for paying all out-of-pocket expenses the employee incurs in obtaining the documentation.
• An employer cannot delay commencement of the leave based on a failure to receive documentation. 

No, you cannot ask for a doctor’s note until the employee is absent more than three consecutive days (consecutive scheduled workdays). At that point, if you are going to ask for a doctor’s note, you must consult with HR.

Yes. The unit is responsible for paying all out-of-pocket expenses the employee incurs in obtaining the medical documentation.

• When using leave under ESTA, employees should provide sufficient information for the employer to determine whether the leave meets the eligible uses under the ESTA.
• If an employer is unsure, they may ask additional questions about the nature of the leave to determine if the leave meets the eligible uses.

No, an employee must request the use of ESTA sick time.

No, employees must request the use of their ESTA time.