Michigan Loses Bid to Dismiss Airline Lawsuit Over Flight Attendant Sick Pay Rules

A judge has rejected the State of Michigan's attempt to dismiss a lawsuit brought by a major airline industry group, allowing a legal battle over how state sick pay rules apply to flight and ground crews to move forward.

The Case at a Glance

The case centers on Michigan's Earned Sick Time Act, which requires employers to provide paid sick leave to workers in the state. Airlines for America, the trade group representing the country's largest carriers, filed the lawsuit on December 31, 2025, in the US District Court for the Western District of Michigan, arguing that federal law preempts the state from regulating sick pay for flight and ground crews whose work crosses state and national boundaries. 

The Judge's Ruling

Michigan officials had asked the court to throw out the lawsuit, but Judge Jane Beckering sided with the airline industry group on June 22, 2026, on the threshold question of whether the case could proceed. The ruling does not decide the merits of the dispute: it simply means the lawsuit will continue toward a decision on whether the state law can be enforced against airlines.

The Airlines' Argument

Airlines for America represents carriers including American Airlines, Delta Air Lines, United Airlines, and Southwest Airlines. The group contends that flight and ground crews typically spend only a small portion of their working hours within any single state, making it impractical and legally improper for individual states to dictate sick leave terms for crews who work across state lines. The trade group argues that the Airline Deregulation Act, a federal law passed in 1978, prevents states from enacting rules that affect airline prices, routes, or services, and that a patchwork of state sick leave laws would interfere with how carriers schedule and staff flights.

Michigan's Defense

Michigan has defended the law as a basic workplace protection that should apply equally to all employees who perform work within the state, arguing that providing sick leave does not directly regulate airline operations and therefore falls outside the scope of federal preemption.

What the Michigan Earned Sick Time Act Says

The Michigan Earned Sick Time Act took effect earlier this year after a lengthy legal and political fight. The law grants workers at least 72 hours of paid sick time annually and expands the reasons workers can call off. Workers can use the time for their own illness, to care for family members, or for other qualifying reasons. Notably, the law applies even on top of existing union contracts, although its application can be delayed until the amendable date of already in-force labor agreements.

What It Means for Crews

For flight and ground crew members based in Michigan or who work flights through the state, the outcome carries practical consequences. A ruling in favor of the state would entitle them to accrue paid sick time under Michigan law. A ruling for the airlines would mean their sick leave benefits continue to be governed primarily by collective bargaining agreements and company policies. Flight attendant unions have generally supported the application of state sick leave laws to their members, while airlines counter that uniform federal rules and negotiated contracts already address sick leave adequately.

What Comes Next

The airline industry has faced similar disputes in other states, with courts reaching different conclusions on how far federal aviation law reaches into state employment rules. The Michigan case could add to that developing body of decisions.