Michigan Governor, Gretchen Whitmer, has issued an executive order that expands protections for certain workers impacted by COVID-19. The executive order is effective immediately and will continue until the end of the states of emergency and disaster.
Background:
The Michigan Paid Medical Leave Act requires employers with 50 or more employees to provide paid leave to employees for the following reasons:
- The employee's or a family member's mental or physical illness, injury, or health condition;
- The employee's or a family member's medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, or preventive medical care;
- For medical care, counseling, obtaining legal services, or participating in a civil or criminal proceeding when the employee or a family member is a victim of domestic violence or sexual assault; and
- The closure of the employee's primary workplace or their child's school or place of care due to a public health emergency, or when a health care provider has determined that the employee's or a family member's presence in the community would jeopardize the health of others.
Executive Order 2020-36:
Guidelines:
The executive order recommends that all individuals who test positive for COVID-19 or who display one or more of the principal symptoms (fever, atypical cough, or atypical shortness of breath) should remain home until:
- Three days have passed since their symptoms have resolved; and
- Seven days have passed since their symptoms first appeared or since they were swabbed for the test that yielded the positive result.
With limited exceptions (such as, healthcare professionals), the order also recommends that those who have had close contact with an individual who tests positive for COVID-19 or with an individual who displays one or more of the principal symptoms of COVID-19 should remain home until either:
- 14 days have passed since the last close contact with the sick or symptomatic individual; or
- The symptomatic individual receives a negative COVID-19 test.
Employee Protections (applies to all employees):
The executive order addresses the following:
- Prohibits employers from taking adverse action against an employee for staying home from work while following the guidelines described above. Note: An individual who returns to work prior to the periods specified in the guidelines isn't entitled to this protection.
- Requires employers to treat an employee following the guidelines as if they were taking leave under the Paid Medical Leave Act, even if the employer has fewer than 50 employees.
- To the extent that the employee has no paid leave, the leave may be unpaid.
- The length of leave, whether paid or unpaid, must be extended for as long as the employee remains away from work under the guidelines.
- Prohibits employers from taking adverse action against an employee for failing to comply with a requirement to document that the employee or the individual with whom the employee has had close contact has one or more of the principal symptoms of COVID-19.
Compliance Recommendations:
Employers with employees working in Michigan should review their policies and practices to ensure compliance with the executive order.
Note: On March 18, 2020, the United States enacted the Families First Coronavirus Response Act (FFCRA), which requires employers to provide paid leave to certain employees impacted by COVID-19. The law took effect on April 1, 2020. FFCRA leave is in addition to other leave provided under federal, state, or local law; an applicable collective bargaining agreement; or the employer's existing company policy. Please contact your dedicated service professional with any questions.