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As Schools Reopen, DOL Issues New Guidance on FFCRA Leave for Employees; Michigan Governor Revises Executive Order Protecting Workers During COVID-19

August 28, 2020

The Department of Labor has updated its Family First Coronavirus Response Act: Questions and Answers with new guidance to address the availability of FFCRA leave for employees when children are about to return to school. The updated guidance issued by the DOL on August 27, 2020, makes clear:

On the same day, the Michigan Governor issued EO 2020-172, rescinding EO 2020-166 and updating the directive protecting workers who need to take time off for self-quarantine. Specifically, EO 2020-172 revises the definition of "the principal symptoms of COVID-19" to mean:

One of the following not explained by known medical or physical condition:

  • Fever

  • An uncontrollable cough

  • Shortness of breath


At least two of the following not explained by a known medical or physical condition:

  • Loss of taste or smell
  • Muscle aches
  • Sore throat
  • Severe headache
  • Diarrhea
  • Vomiting
  • Abdominal pain

The remaining provisions of EO 2020-166 remain the same in EO 2020-172, including the provisions:

Please contact the authors or your Miller Canfield attorney with additional questions.