Under a new executive order issued by Gov. Gretchen Whitmer on Friday afternoon, employers are prohibited from firing or otherwise disciplining or retaliating against employees who stay home when they or close contacts are sick.
Whitmer’s office explained her Executive Order 2020-166 as a necessary protection for Michigan workers during the ongoing COVID-19 pandemic and after federal pandemic employment assistance provided by the $2.2 trillion Coronavirus Aid, Relief and Economic Security (CARES) Act passed by Congress in March. The CARES portion of the unemployment assistance lapsed at the end of July.
The U.S. Congress hasn’t yet hammered out details of a second stimulus package as of mid-afternoon Friday.
“Since day one of this fight, I have urged people to do their part to protect themselves and their loved ones from COVID-19, and that includes staying home when you are sick. But after the federal government allowed pandemic unemployment assistance benefits to lapse at the end of July, more working people are feeling pressure to return to work so they can provide for themselves and their families, even if they’re sick,” Whitmer said in a statement.
“As we have reengaged sectors of our economy, and in turn put thousands of Michiganders back to work, it is still vital that employees feel empowered to make the right choice to say home if they, or someone they have been in contact with is sick,” Whitmer continued.
“These protections will help to slow the spread of the virus and save lives, but we still need the federal government to work together in a bipartisan way to expand unemployment benefits and provide support for our workers and their families.”
EO 2020-166 renews protections for employees previously granted by the governor in her Executive Order 2020-36.
According to the order, all Michigan workers who test positive for COVID-19 or who display such symptoms as fever, sore throat, uncontrollable coughing that causes difficulty breathing, diarrhea, vomiting, abdominal pain, severe headache, and a loss of taste or smell should stay home.
Further, those workers who stayed home with the above symptoms must remain there until either 24 hours have passed without a fever treated by medication or 10 days have transpired since the worker first experienced symptoms or tested positive for COVID-19.
According to the latest order: “Employers must treat such an employee as if he or she were taking medical leave under the Paid Medical Leave Act.”
The governor also noted the employer is not required to pay employees who have not accrued paid sick leave. Employers may discharge an employee who is able to return to work under the order’s provisions but chooses not to.
Erik Kiilunen, CEO at Neuvokas Corporation in Ahmeek, employs 20 workers.
In an email to The Center Square, Kiilunen expressed his frustration with the governor’s latest order.
“The Helicopter Governor says employees should feel empowered, but what about employers?” he asked.
“Once again Governor Whitmer is trying to micromanage every aspect of our lives,” Kiilunen continued. “It’s not her place to order privately owned businesses around. Employers have far more at stake than the governor and understand more than anyone the importance of maintaining a safe workplace. The choice on whether or not employees should be disciplined needs to be left to business owners.”
