Michigan modifies COVID-19 leave, return-to-work requirements

September 2020 employment law letter

Authors:

Gary S. Fealk and Katherine F. Cser, Bodman PLC

On August 7, Governor Gretchen Whitmer issued Executive Order (EO) 2020-166 modifying required COVID-19 leave and clarifying when it’s required and when an employee can return to work. This order replaces EO 2020-36.

When employees must stay home

EO 166 requires individuals who test positive for COVID-19 or display one or more of its principal symptoms to remain in their place of residence until:

24 hours have passed since resolution of the fever without the use of fever-reducing medication;
10 days have passed since the symptoms first appeared or they were swabbed for the test that yielded the positive result; and
Other symptoms have improved.

Notably, while EO 36 allowed an individual to leave quarantine after receiving a negative COVID-19 test, EO 166 no longer allows an early end to the quarantine based on test results.

Second, EO 166 also imposes a stay-at-home requirement on any person who has had close contact with an individual who tests positive for COVID-19 or displays one or more of the principal symptoms (apart from seeking medical care) until either (1) 14 days have passed since the last close contact with the sick or symptomatic individual, or (2) the individual displaying the symptoms receives a negative coronavirus test.

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