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Governor Whitmer signs bills to codify COVID-19-related Executive Orders

November 2020 employment law letter
Authors: 
Katherine F. Cser, Bodman PLC

Governor Gretchen Whitmer signed several bills into law following the Michigan Supreme Court’s October 2 decision that invalidated all COVID-19-related Executive Orders (EOs) she issued after April 29, 2020. The bills were a bipartisan effort to address questions created by the court decision that limited her authority to issue and renew EOs.

Unemployment benefits

On October 20, Governor Whitmer signed Senate Bill (SB) 0886, which amends the Michigan Employment Security Act and codifies EO 2020-76. The bill allows employees who are laid off or placed on a leave of absence because of COVID-19 to receive unemployment benefits.

Under the bill, the benefits are charged to the nonchargeable account of the Unemployment Insurance Agency. The bill allows employees who file claims for weeks beginning before January 1, 2021, who have COVID-19 or need to take time off to care for someone with the virus to receive 26 weeks of unemployment benefits, as opposed to 20 weeks of benefits. The bill also allows more businesses to participate in the shared-work program.

Protections for businesses and employers

On October 22, Governor Whitmer signed House Bill (HB) 6030 and HB 6031, which create protections for businesses.

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