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Michigan Amends Isolation and Quarantine Requirements for Workers

January 7, 2021

On October 22, 2020, Governor Whitmer passed Public Act ("PA") 238 of 2020, outlining COVID-19 isolation/quarantine periods and prohibiting employers from taking certain actions against employees who do not report to work during those periods, as well as those who oppose violations of the act or report health violations related to COVID-19. On December 30, 2020, PA 339 of 2020 was enacted to amend sections 1, 5, and 12 of PA 238, and to add a new section 13.

Key Changes

PA 339 of 2020 made the following important changes to PA 238:

Adds a section to provide employers with an affirmative defense to violations of PA 238 arising between February 29, 2020, and October 22, 2020, if the employer was operating in compliance with all of the following: a) the CDC's guidance; b) all federal, state and local statutes, rules and regulations that had legal effect at the time of the alleged violation; and c) all executive orders and agency orders that had legal effect at the time of the alleged violation.

Key Provisions that Remain Intact from PA 238

Based on PA 339 of 2020, Michigan employers may need to update their COVID-19 Preparedness Plans and screening protocol.

If you have any questions, please feel free to contact the authors or your Miller Canfield attorney.

This information is based on the facts and guidance available at the time of publication, and may be subject to change.