Since the start of the pandemic, the Michigan Legislature and Governor have struggled to find a balance between reasonable safety requirements and the need to keep the economy and people’s lives going. Many trade-offs have been made along the way. The question now, as COVID looks to be more manageable, is whether some of the statutory requirements put in place at the start of the pandemic, which are causing problems in workplaces across Michigan, should be removed.
What’s the Problem?
Under Michigan law today, Michigan employers are subject to the COVID-19 Employment Rights Act, which prohibits employers from taking adverse employment action against an employee who does not report to work if they have COVID-19, have principal symptoms or have had close contact and need to isolate or quarantine. The law was passed in 2020 alongside COVID-19 liability protections for employers following the all local, state and federal guidelines, including those issued by the Centers for Disease Control and Prevention (CDC).
Since the COVID-19 Employment Rights Act was last amended in December 2020, the CDC has updated their guidance as it relates to isolation and quarantine protocols, but unfortunately, the law does not allow employers to fully recognize all of these changes (e.g., the law does not speak to differences in quarantine protocol based on vaccination status and does not fully align with the CDC’s current list of principal symptoms).
Because the law is not in full alignment with...
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