Governor Whitmer signed Executive Order 2020-36 on April 3rd. The order extends worker protections when they must stay home due to COVID-19 exposure and states all individuals who test positive for or display any of the primary symptoms of COVID-19 should remain home or in their place of residence 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
If the test comes back negative the requirements are dropped.
The principal symptoms are identified as atypical cough, fever, and atypical shortness of breath.
In addition, if a person who has had close contact with someone who tested positive for or displays the principal symptoms of the COVID-19 disease they should stay home until:
- Either 14 days have passed since the last close contact with the sick or symptomatic person, or
- The symptomatic individual is tested negative for the COVID-19 virus
Under this new executive order (EO) employers may not discharge, discipline, or otherwise retaliate against an employee that is in any of the categories outlined if the employee is absent during the prescribed time periods. Employers are also prohibited from discharging, disciplining, or retaliating against an employee for not complying with an employer requirement to document that the employee or the person with whom the employee had close contact with had symptoms of the disease.
However, if an employee returns to work before completion of the required time periods above, he or she loses the employment protections stated.
Employers may still discipline or discharge employees who:
A) Decline to return to work after the required time off
B) Consent to discharge or discipline OR
C) Are otherwise discharged or disciplined for any other lawful reason
The executive order states employers are to treat the employee as if they were taking medical leave under Michigan’s Paid Medical Leave Act enacted in 2019. Paid leave would apply to employers with over 50 employees. If the employer does not provide paid leave, the leave can be unpaid. The leave must provide, whether paid or unpaid, time off pursuant to the executive order’s time periods outlined above.
EO 2020-36 does not apply to:
- Health care professionals
- Workers at a health care facility
- First responders (police officers, fire fighters, paramedics)
- Child protective service employees
- Workers at child caring institutions
- Workers at correctional facilities
Close contact is defined in the executive order as “being within approximately six feet of an individual for a prolonged period of time. This would be caring for, living with, visiting, or sharing a health care waiting room with an individual.”
To protect employers, the EO does not confer a right to bring a private lawsuit against an employer if they fail to comply with the executive order. However, it does give the authority to enforce the EO to the Director of the Michigan Department of Labor and Economic Opportunity.
We will continue to keep you apprised of any additional executive orders. For additional information please visit our Coronavirus Resources page or call the research hotline at 248-223-8012.
Sincerely,
Mary E. Corrado
President & CEO
ASE