Here are summaries of some of the recent Executive Orders in Michigan that I feel would be of vlaue to local employers and employees. Additional details and the actual text of the Executive orders can be found at https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705—,00.html

Executive Order 2020-36: Protecting workers who stay at home

This EO prevents employers from retaliating against an employee for staying home when he or she is at particular risk of infecting others with COVID-19. Employers must treat such an employee as if he or she were taking medical leave under the Paid Medical Leave Act, 2018 PA 338, as amended, MCL 408.961 et seq.

Additionally, any and all individuals who test positive for COVID-19 or who display one or more of the principal symptoms of COVID-19 should remain in their home or place of residence, even if they are otherwise permitted to leave under Executive Order 2020-21 or any executive order that may follow it, until

  1. three days have passed since their symptoms have resolved, and
  2. seven days have passed since their symptoms first appeared or since they were swabbed for the test that yielded the positive result.
  3. This section will cease to apply to anyone who, after showing symptoms, receives a negative COVID-19 test.

This EO also states that any and all people who have had close contact with an individual who tests positive for COVID-19 or with an individual who displays one or more of the principal symptoms of COVID-19 should remain in their home or place of residence, even if they are otherwise permitted to leave under Executive Order 2020-21 or any executive order that may follow it, until either 14 days have passed since the last close contact with the sick or symptomatic individual, or the symptomatic individual receives a negative COVID-19 test.

It should be noted that this does not apply to health care workers, first responders and other critical employees as listed in the EO

Executive Order 2020-24

This EO recinds EO-10 and broadens the eligibility for unemployment benefits. An individual on a leave of absence because of self-isolation or self-quarantine in response to elevated risk from COVID-19 due to being immunocompromised, displaying the symptoms of COVID-19, having contact in the last 14 days with someone with a confirmed diagnosis of COVID-19, the need to care for someone with a confirmed diagnosis of COVID-19, or a family care responsibility as a result of a government directive, must be considered to be unemployed unless the individual is already on sick leave or receives a disability benefit.

Additionally, it gives individuals 28 days to file for unemployment benefits.

Executive Order 2020-21 – Suspending activities that are not necessary to sustain or protect life (Stay at Home)

This order must be construed broadly to prohibit in-person work that is not necessary to sustain or protect life. This established what constitutes a necessary business.

Executive Order 2020-04 – Declaration of State of Emergency:

This EO broadens the powers of the Governor to act rapidly and at the same time allows FEMA to provide assistance. It has not specific end date.

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