January 21, 2021

Volume XI, Number 21

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Michigan Anti-Retaliation COVID-19 Law Update

As of December 29, 2020, Michigan employers are no longer required to permit employees to self-quarantine for up to 14 days due to alleged close contact with an individual displaying COVID-19 symptoms. Recent amendments to Michigan’s Anti-Retaliation COVID-19 law reflect updated CDC guidance reducing the recommended length of quarantine for individuals who suspect exposure to COVID-19. Previous CDC guidance recommended that individuals quarantine for up to 14 days following close contact with an individual displaying COVID-19 symptoms. Now, the CDC recommends a 10-day quarantine, without testing or symptoms, and a 7-day quarantine with a negative diagnostic test and no symptoms, following close contact with an individual who tested positive for COVID-19. The law still prohibits employers from taking adverse action against employees who are absent from work due to COVID-19.

In addition, the amendments add energy industry workers, who perform essential energy services to the list of exempted employees, which initially included health care workers, first responders, caregivers, and correctional employees. Employers may require exempted employees to participate in onsite operations when necessary, provided the individuals are not experiencing symptoms and have not tested positive for COVID-19. The law also permits the Michigan Department of Health and Human Services to exempt workers identified as “necessary to ensure the continuation of essential public health services, or to avoid serious harm or danger to public health or public safety.”

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©2020 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XI, Number 11
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About this Author

Adam S. Forman, Epstein Becker Green, Workforce Management Lawyer, Chicago, Detroit, Social Media Issues Attorney
Member

ADAM S. FORMAN is a Member of the Firm in the Employment, Labor, and Workforce Management practice, based in Chicago and Detroit (Metro). As noted in the 2015 edition of Chambers USA, Mr. Forman “is a renowned expert in social media issues relating to the workplace” and also “focuses on litigation, training and preventive advice on the employment side.” A frequent writer and national lecturer on issues related to technology in the workplace, such as social media, Internet, and privacy issues facing employers, Mr. Forman is often interviewed by...

312-499-1468
Associate

Brenna McLean focuses on representing employers in employment disputes and providing preventive advice and counseling. She has experience defending employers before state and federal courts and administrative agencies against claims arising under a variety of employment laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, and the Fair Labor Standards Act.

Brenna also partners with management and human resources personnel to develop practical and effective strategies...

312-499-1418
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