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Ex. MI-057 Order Primary source read

2020 PA 238

COVID-19 Employment Rights Act

Michigan Legislature (2020 PA 238, approved by the Governor) · Michigan (State)

The COVID Project

The record

Jurisdiction
Michigan
Level
State
Authority
COVID-19 Employment Rights Act, MCL 419.401 et seq.
Issued
2020-10-22 Oct. 22, 2020
Effective
2020-10-22 (Sec. 10: 'This act is effective retroactive to March 1, 2020') (read as 2020-10-22)
End
In force through 2021 Q3 and after (read as 2021-09-30)
In force
Oct. 22, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesQuarantine and isolationOther
Addressees
  • all employers and employees in Michigan (public and private)
Functions reached
  • WF workforce availability (statutory exclusion of positive, symptomatic and exposed workers from the workplace)
  • HR
Collection
Michigan MI

Operative words

Sec. 5. (1) An employee who tests positive for COVID-19 or displays the principal symptoms of COVID-19 shall not report to work until all of the following conditions are met: (a) If the employee has a fever, 24 hours have passed since the fever has stopped without the use of fever-reducing medications. (b) Ten days have passed since either of the following, whichever is later: (i) The date the employee's symptoms first appeared. (ii) The date the employee received the test that yielded a positive result for COVID-19. (c) The employee's principal symptoms of COVID-19 have improved. (2) Except as provided in subsection (3), an employee who has close contact with an individual who tests positive for COVID-19 or with an individual who displays the principal symptoms of COVID-19 shall not report to work until 1 of the following conditions is met: (a) Fourteen days have passed since the employee last had close contact with the individual. (b) The individual with whom the employee had close contact receives a medical determination that they did not have COVID-19...

Enforcement

Sec. 3: employer shall not discharge, discipline or retaliate against an employee who stays home under the act; Sec. 7: civil action for injunctive relief and damages of not less than $5,000

Notes

A statute of the Legislature ordering exposed and symptomatic workers to stay away from work: in force on every day of 2021 Q3; the exceptions in Sec. 5(3) cover health care, first responders, child protective services, child caring institutions, adult foster care and correctional workers.