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Michigan enacts COVID-19 requirements and protections

12/3/20

Author: ADP Admin/Tuesday, December 1, 2020/Categories: Compliance Corner

Michigan has enacted legislation (House Bill 6032) that establishes certain requirements and protections related to COVID-19 for employees. House Bill 6032 is effective retroactive to March 1, 2020.

Requirements for Employees:

Employees Who Test Positive or Have COVID-19 Symptoms:

Under House Bill 6032, employees who test positive for COVID-19 or display the principal symptoms of COVID-19 must refrain from reporting to the workplace until all the following conditions are met:

  • If the employee has a fever, 24 hours have passed since the fever has stopped without the use of fever-reducing medications;
  • Ten days have passed since either of the following, whichever is later:
  • The employee's principal symptoms of COVID-19 have improved.

Employees Who Have Close Contact with Someone with COVID-19:

An employee who has close contact (defined as within approximately six feet of an individual for 15 minutes or longer) with an individual who tests positive for COVID-19 or displays the principal symptoms of COVID-19 must refrain from reporting to the workplace until one of the following conditions is met:

  • Fourteen days have passed since the employee last had close contact with the individual or
  • The individual with whom the employee had close contact receives a medical determination that they didn't have COVID-19 at the time of the close contact with the employee.

The requirements for close contact as described above don't apply to an employee who is a:

  • Healthcare professional.
  • Worker at a healthcare facility.
  • First responder.
  • Child protective service employee.
  • Worker at a child caring institution.
  • Worker at an adult foster care facility.
  • Worker at a correctional facility.

Protections for Employees:

Employers are prohibited from taking adverse action against employees who:

  • Comply with the above requirements, including where an employee who displays the principal symptoms of COVID-19 doesn't report to work and later tests negative for COVID-19, provided the employee makes reasonable efforts to schedule a COVID-19 test within three days after receiving a request from their employer.
  • Oppose a violation of House Bill 6032.
  • Report health violations related to COVID-19.

Compliance Recommendations:

Michigan employers should ensure compliance with House Bill 6032 and provide training to supervisors on the law. Please contact your dedicated service professional with any questions.