Publication

31 December 2020

New Amendments to Michigan Public Act 238, updating protections for workers who do not report to work when they or their close contacts have COVID-19

On Tuesday, December 29, 2020, Governor Whitmer signed a bill that makes some significant changes to Michigan Public Act 238. Most notably, the time period that an employer must restrict an employee from entering the workplace when they or their close contacts have COVID-19 now more closely aligns with CDC guidance in this area, and an employee who experiences COVID-19 symptoms can now return to work after they receive a negative COVID-19 test result.

The most important highlights of the amendments include:

  • The definition of “close contact,” “isolation period,” and “quarantine period” are aligned with the CDC’s guidelines. This allows PA 238 to evolve as we learn more about how COVID-19 is transmitted, but will also make it necessary for employers to know – and keep record of- the CDC guidelines.
  • The actual isolation and quarantine requirements have changed as follows:
    • Isolation after a positive test: An employee who tests positive for COVID-19 must not work until all of the following conditions are met
      • The CDC isolation period has passed. This is currently 10 days from the date of the positive test or 10 days from when the employee developed symptoms, whichever is later.
      • It has been at least 24 hours since the employee had a fever without medication AND
      • All symptoms have improved.
    • Isolation after primary symptoms (but no test). An employee who has primary symptoms of COVID-19 must not work until either of the following conditions are met:
        • The employee receives a negative test OR
        • The CDC isolation period has passed (currently 10 days after the onset of symptoms, it has been at least 24 hours since the employee had a fever without medication, AND all symptoms have improved).
    • Quarantine after close contact with a person who tests positive for COVID. PA 238 now requires employees to quarantine only after close contact with a person who tests positive; it no longer requires quarantine after close contact with a person who only has primary symptoms of COVID-19 but has not tested positive.  In addition, it allows employees to return to work if either of the following have been met:
        • 14 days have passed from the last date of close contact OR
        • The local health department or a health care provider has advised the employee that they can follow the CDC’s option to reduce the quarantine period to 10 days (without testing) or 7 days (with testing).
    • Quarantine exemptions. PA 238 exempts several categories of employees (healthcare workers, first responders, child care employees, etc.) from the quarantine requirements. That exemption now applies only if the employee’s in-person presence is strictly necessary to preserve the function of the facility and cessation of the facility would cause serious harm or danger to public health or safety. In addition, the list of employees who are exempt from the quarantine requirements now includes workers in the energy industry and others designated by the Director of the Michigan DHHS.
  • There is a new immunity provision for any violation of PA 238 that occurred between February 29, 2020 and October 22, 2020 (when PA 238 was first signed), provided that the employer otherwise was in compliance with CDC guidance and federal, state and local statutes, rules, regulations and executive orders that had not been denied legal effect at the time of the conduct.

Employers should contact their Miller Johnson attorney to discuss the impact of these changes on their COVID-19 safety measures, including how to respond when an employee communicates his or her own COVID-19 positive test, symptoms, or close contact with a COVID-19 positive individual.