14-day quarantine period returns to Michigan

Earlier this year, Michigan employers were permitted to reduce the requisite quarantine period from 14 days to 10 days for employees who experienced close contact with confirmed cases of COVID-19 based on the passage of Enrolled Senate Bill 1258 and updates to the guidance issued by the Michigan Department of Health and Human Services (MDHHS) and the U.S. Centers for Disease Control and Prevention (CDC). Recently, however, the MDHHS announced its resumption of the 14-day quarantine period. In its publication “COVID-19 Public Health Frequently Asked Questions,” the department cites “increasing case rates and variant spread in Michigan” for the change, which was effective April 5. Several local health departments have followed suit with similar announcements.

Determining length of quarantine

In determining whether the shift in MDHHS guidance affects Michigan employers, we must evaluate state law and the emergency rules promulgated by the Michigan Occupational Safety and Health Administration (MIOSHA).

Enrolled Senate Bill 1258 defines the quarantine period as “the recommended number of days that an individual be in quarantine after [coming] in close contact as prescribed in the [CDC’s] guidelines regarding COVID-19.” Similarly, Rule 6(5) of the MIOSHA emergency rules states employees who have experienced close contact with a confirmed case of the coronavirus may return to in-person work “after they are no longer infectious according to the latest guidelines from the CDC and they are released from any quarantine or isolation order by the local public health department.”