Michigan amends Return-to-Work rules for COVID-19

Michigan has adopted legislation (Senate Bill 1258) that amends the rules for returning to work after testing positive for COVID-19, displaying symptoms of COVID-19, or having close contact with someone who has COVID-19. Senate Bill 1258 is effective immediately.

Background:

In October 2020, Michigan enacted legislation (House Bill 6032) that prohibited:

• Employees who test positive for COVID-19 or who display the principal symptoms of COVID-19 from reporting to work until certain conditions are met. Among other conditions, these employees had to wait until 10 days had passed since their symptoms first appeared or they received a positive COVID-19 test, whichever was later.
• Employees who have close contact with an individual who tests positive for COVID-19 or with an individual who displays the principal symptoms of COVID-19 from reporting to work until 14 days have passed since the employee last had close contact with the individual or the close contact receives a medical determination that they didn't have COVID-19 at the time of the close contact with the employee.
• Employers from discharging, disciplining, or otherwise retaliating against an employee who complies with the return to work conditions prescribed in the law, opposes a violation of the law, or reports health violations related to COVID-19.

Senate Bill 1258:

Senate Bill 1258 removes the specific timeframes (10 days and 14 days) from the return-to-work requirements for COVID-19 and makes other changes.

Employees Who Test Positive:

Employees who test positive for COVID-19 are prohibited from reporting to work until:

• The employee is advised by a healthcare provider or public health professional that they have completed their isolation period; or
• All of the following conditions are met:

Under the law, the isolation period means the recommended number of days for an individual to be in isolation after they first display the principal symptoms of COVID-19 as prescribed in the Centers for Disease Control and Prevention (CDC)'s COVID-19 guidelines.

Symptomatic Employees:

The law also clarifies that an employee who displays the principal symptoms of COVID-19 but hasn't tested positive is prohibited from reporting to work until:

• The employee receives a negative diagnostic test result; or
• All of the following conditions are met:

Close Contact:

Employees who have had close contact with an individual who tests positive for COVID-19 are prohibited from reporting to work until one of the following conditions is met:

• The quarantine period has passed since the employee last had close contact with the individual; or
• The employee is advised by a healthcare provider or public health professional that they have completed their quarantine period.

Quarantine period means the recommended number of days for an individual to be in quarantine after they are in close contact as prescribed in CDC COVID-19 guidelines.

Senate Bill 1258 also establishes that the definition of close contact is how that term is defined in CDC COVID-19 guidelines at the time the contact occurred.

Exception:

There is an exception that allows certain types of employees who are otherwise subject to quarantine but aren't experiencing any symptoms and haven't tested positive for COVID-19 to participate in onsite operations. This only applies when strictly necessary to preserve the function of a facility in which ceasing facility operations would cause serious harm or danger to public health or safety. See the text of the law for details.

Compliance Recommendations:

Employers with employees working in Michigan should review their policies and practices to ensure compliance with Senate Bill 1258. Please contact your dedicated service professional with any questions.