September 20, 2020

Volume X, Number 264

September 18, 2020

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New Michigan Executive Order Updates Workplace Rules

On August 7, 2020 Governor Whitmer signed an executive order updating protections for employees who stay home from work when they or one of their close contacts has symptoms of COVID-19 or tests positive for the disease. The new order, EO 2020-166, rescinds and replaces EO 2020-36.

Like the previous order, EO 2020-166 prohibits employers from discharging, disciplining or otherwise retaliating against an employee who stays home when he or she is at particular risk of infecting others. Important updates are summarized below:

  • Employers may now require documentation from the local health department that an employee is under an order or quarantine or isolation.

  • The list of principal symptoms, which may cause an employee to quarantine or isolate, has been updated to reflect new guidance from the CDC. COVID-19 principal symptoms now include fever, sore throat, a new uncontrolled cough that causes difficulty breathing, diarrhea, vomiting, abdominal pain, new onset of severe headache and new loss of taste or smell.

  • Close contact is defined as being within six feet of an individual for 15 minutes or more.

  • Time periods for quarantine and isolation are updated to reflect recent CDC guidance. EO 2020-166 states that:

    • Individuals who test positive for COVID-19 should remain in their homes until:

      • 24 hours have passed since the resolution of their fever;

      • 10 days have passed since their symptoms first appeared or since they were swabbed for a test that yielded the positive result; and

      • other symptoms have improved.

    • Individuals who display one or more of the principal symptoms of COVID-19 (and are awaiting test results) should stay in their homes until:

      • 24 hours have passed since the resolution of their fever;

      •  10 days have passed since their symptoms first appeared; and

      • other symptoms have improved or they receive a negative COVID-19 test

    • All people who have had close contact with an individual who tests positive for COVID-19 or with an individual who displays symptoms of the virus should remain at their homes until either 14 days have passed since the last close contact or the symptomatic individual receives a negative COVID-19 test. This section does not apply to health care professionals and those working in a health care facility, first responders, CPS employees, childcare employees, adult foster care employees and workers at correctional facilities.

As before, employers must allow employees to stay home from work for the time periods described above. Employers must treat a quarantining or isolating employee as if he or she was taking medical leave under Michigan's Paid Medical Leave Act, MCL 408.961. Employers are permitted, but not required, to debit the time away from work against the employee's accrued leave. If the employee has no paid leave, the leave may be unpaid.

For businesses under 500 employees covered by the Families First Coronavirus Response Act (FFCRA), Emergency Paid Sick Leave may be available to cover all or part of the employee's absence. FFCRA leave is not available if the employee is able to work remotely from home during his or her quarantine or isolation.

© 2020 Varnum LLPNational Law Review, Volume X, Number 225

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About this Author

Luis E. Avila, Labor Employment Attorney, Varnum Law, Immigration Issues Lawyer, Grand Rapids
Partner

Luis focuses his practice on labor, employment and immigration issues. Luis has a wide range of experience in traditional labor matters, including grievances, arbitrations, collective bargaining negotiations, union drives, and matters in front of the National Labor Relations Board (NLRB) and the Michigan Employment Relations Commission (MERC). Luis has counseled employers on a number of workplace matters, including effective employee handbooks and policies, disciplinary and dispute resolution procedures, discrimination, disability accommodation, wage-hour matters, family medical leave, and...

616-336-6742
David E. Khorey, Labor Employment Attorney, Varnum, Workplace Confidentiality Matters Lawyer
Partner

Dave’s “client-centered” practice involves a variety of labor and employment issues. He provides practical and confidential ongoing advice and consulting on a number of sensitive and complex labor and employment matters, from problem employee situations to multi-facility collective bargaining negotiations. His representative clients include diverse industries (such as automotive, printing, transportation and hospitals) throughout the nation.  

Dave has also served as chair of the firm.

Honors & Recognitions

American College of Labor & Employment Lawyers, fellow

Best Lawyers in America® since 2001

Chambers USA©: America’s Leading Lawyers for Business, Leader in the field of Labor and Employment

Leading Lawyers: Employment Law - Management; Labor Law - Management

Martindale-Hubbell® AV Preeminent™ Peer Review Rated

Michigan Super Lawyers® since 2006

Professional Affiliations

American Bar Association: Section of Labor and Employment Law, Subcommittee on Development of Law under the National Labor Relations Act

Grand Rapids Bar Association: Labor and Employment Law Section

State Bar of Michigan: Labor Relations Law Section, chair, 2004

616-336-6618
Elizabeth Wells Skaggs, labor and employment attorney, Varnum
Partner

Beth is a partner in the labor and employment practice group, focusing employment issues and litigation. She has counseled business clients on a variety of matters affecting the workplace, including effective employee handbooks and policies, disciplinary and dispute resolution procedures, discrimination issues, disability accommodation, wage-hour matters, family medical leave, harassment prevention and litigation avoidance.  When litigation is unavoidable, Beth has significant experience representing employers under the numerous state and federal statutes that govern the...

616/336-6620
Ashleigh E. Draft Associate Grand Rapids Labor & Employment
Associate

Ashleigh is an associate attorney currently working with the labor and employment group. She also works with higher education clients and provides support on a variety of litigation matters.

Ashleigh’s experience includes serving as a legal extern for the Michigan Court of Appeals Research Division. She also clerked for Michigan Appeals Court Judge Jane Beckering. Prior to law school, Ashleigh served organizations in the higher education and nonprofit sectors in various development and communications roles. 

616-336-6627