Michigan's April 3rd Executive Order expands on the original stay at home order and applies protections under Michigan’s Paid Sick Leave law to individuals who either exhausted their leave or do not have leave.
First, it requires employees (even employees of essential businesses) to stay home if:
- Tests positive for COVID-19;
- Displays one of the principal symptoms of COVID-19 (the order defines principal symptoms as fever, atypical cough, or atypical shortness of breath);
- Has had close contact with someone who qualifies under 1 and 2, above (the order defines close contact as being within approximately 6 feet of an individual for a prolonged period of time, which can occur while caring for, living with, visiting, or sharing a health care waiting room with an individual).
Anyone who meets 1 and 2, above, may not return to work until:
- Three days after their symptoms are resolved; and
- Seven days after their symptoms first appeared or since they were swabbed for the test that yielded a positive result.
Anyone who meets 3, above, may not return to work until:
- 14 days pass since the last close contact with the sick or symptomatic individual; or
- The symptomatic individual receives a negative COVID-19 test.
Anyone missing work because of 1 through 3, above, is may use accrued Paid Sick Leave under Michigan’s law. If the employee is not eligible for Paid Sick Leave, or has exhausted their allotment, they are entitled to a protected unpaid leave. The employee cannot be terminated for taking the leave. However, the employee may be terminated if:
- They are allowed to return to work but refuses to do so;
- The employee consents to the termination; or
- Any other legal reason.
Please note the above does NOT apply to:
- Health care professionals;
- Workers at health care facilities;
- First responders;
- child protective services;
- workers at child caring institutions;
- workers at correctional facilities