Legislation is on the move in Lansing to remove some of the statutory requirements put in place at the start of pandemic, some of which are causing chaos, confusion and problems in workplaces across Michigan.
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 s/he has COVID-19, principal symptoms, or had close contact and needs to isolate or quarantine. The law was passed in October of 2020 alongside COVID-19 liability protections for businesses, giving employers an affirmative defense if they can prove they are following “all” local, state and federal guidelines, including those issued by the Centers for Disease Control and Prevention (CDC), local public health departments, the Michigan Occupational Safety and Health Administration (MIOSHA), and the Michigan Department of Health and Human Services (MDHHS).
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 protocols 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 CDC guidance, this...
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