Michigan Issues Stronger Stay-Home Order to Protect Public Health

COVID-19 Symptoms, Confirmation, or Contact

Order 2020-36 further defines who should place themselves under quarantine. Even if permitted to leave home under the stay-at-home order, individuals who display symptoms, test positive for COVID-19, or come into close contact with an infected individual should stay at home.

Order 2020-36 outlines the following timelines for quarantining at home:

• Individuals who display symptoms or test positive for COVID-19—three days after symptoms are resolved and seven days after symptoms first appeared or a positive test
• Individuals who have been in close contact with a confirmed case or a symptomatic individual—14 days after the contact

If an individual returns to work before the specified quarantine periods, they are not entitled to the new protections against discharge, discipline, or retaliation.

Individuals under the above-specified quarantine periods should leave home wearing a mask and only:

• To the extent absolutely necessary to obtain food, medicine, medical care, or supplies needed to sustain or protect life that cannot be obtained via delivery.
  • All food, medicine, and supplies should be picked up curbside to the fullest extent possible.
  • To engage in outdoor activity while remaining at least six feet from people from outside their household.

  The order’s quarantine periods do not apply to:

  • Health care professionals
  • Workers at health care facilities
  • First responders (e.g. police officers, fire fighters, paramedics)
  • Child protective services employees
  • Workers at childcare institutions
  • Workers at correctional facilities

  Protections Against Discharge, Discipline, or Retaliation

  Order 2020-36 prohibits employers from discharging, disciplining, or otherwise retaliating against an employee who stays at home under the above quarantine periods. Employers must treat such employees as if they were taking medical leave under the Paid Medical Leave Act (2018 PA 338, as amended, MCL 408.961 et seq.). If the employee has no paid leave, the leave may be unpaid. An employer is permitted, but not required, to debit hours that an employee stays home from work in compliance with Order 2020-36 from the employee’s accrued leave. Such leave is not limited by the amount of leave an employee has accrued under MCL 408.963 and must extend—paid or unpaid—provided the employee remains away from work for the defined quarantine periods.

  Further, employers are prohibited from discharging, disciplining, or retaliating against an employee that does not follow a requirement to document that they, or a symptomatic individual that they have had close contact with, has the principal symptoms of COVID-19.

  Employers may still discharge or discipline an employee

  • Who is allowed to return to work under the defined quarantine periods but declines to do so;
  • With the employee’s consent; or
  • For any other lawful reason.

  Notably, Order 2020-36 does not create a private right of action against an employer or an employee.

  The Director of the Department of Labor and Economic Opportunity has enforcement authority parallel to that for the Paid Medical Leave Act. The Director further must refer all credible complaints or violations to the relevant licensing authority.

  Stay at Home, Stay Safe

  Order 2020-36 builds on Governor Whitmer’s previous “Stay at Home, Stay Safe” Order 2020-21, broadly prohibiting all in-person work that is not necessary to sustain or protect life. Order 2020-21 went into place on March 24, 2020 and remains effective until April 13, 2020.

  Subject to exceptions, all residents of Michigan must stay at home, and all public and private gatherings of any number of people that are not part of a single household are prohibited.

  While practicing social distancing, individuals may leave home to:

  • Engage in outdoor activity (consistent with remaining at least six feet from people from outside the individual’s household);
  • Perform jobs as critical infrastructure workers;
  • Conduct minimum basic operations;
  • Perform necessary government activities;
  • Perform tasks that are necessary to their health and safety, or to the health and safety of their family or household members (including pets);
  • Obtain necessary services or supplies for themselves, their family or household members, and their vehicles (but must secure such services or supplies via delivery to the maximum extent possible);
  • Care for a family member or a family member’s pet in another household;
  • Care for minors, dependents, the elderly, persons with disabilities, or other vulnerable persons;
  • Visit an individual under the care of a health care facility, residential care facility, or congregate care facility, to the extent otherwise permitted;
  • Attend legal proceedings or hearings for essential or emergency purposes as ordered by a court;
  • Work or volunteer for businesses or operations (including both and religious and secular nonprofit organizations) that provide food, shelter, and other necessities of life for economically disadvantaged or otherwise needy individuals, individuals who need assistance as a result of this emergency, and people with disabilities.

  Individuals may also travel:

  • To return to a home or place of residence from outside Michigan;
  • To leave Michigan for a home or residence elsewhere;
  • To travel between two residences in Michigan; and
  • As required by law enforcement or a court order, including the transportation of children pursuant to a custody agreement.

  Businesses are prohibited from in-person operations (that require workers to leave their homes) except for “critical infrastructure workers” and workers conducting “minimum basic operations.”

  Critical Infrastructure Workers

  “Critical infrastructure workers” are workers who are necessary to sustain or protect life, as described in guidance by the Director of the U.S. Cybersecurity and Infrastructure Security Agency, including workers in the following sectors:

  • Health care and public health
  • Law enforcement, public safety and first responders
  • Food and agriculture
  • Energy
  • Water and wastewater
  • Transportation and logistics
  • Public works
  • Communication and information technology, including news media
  • Other community-based government operations and essential functions
  • Critical manufacturing
  • Hazardous materials
  • Financial services
  • Chemical supply chains and safety
  • Defense industrial base

  Subject to restrictions, Order 2020-21 also identifies as critical infrastructure workers:

  • Childcare workers
  • Workers at designated suppliers and distribution centers
  • Workers in the insurance industry
  • Workers and volunteers for businesses or operations (both religious and secular) that provide food, shelter, and other necessities of life for economically disadvantaged or otherwise needy individuals, individuals who need assistance as a result of the COVID-19 health emergency, and people with disabilities
  • Workers who perform critical labor union functions

  Businesses that employ critical infrastructure workers may continue in-person operations. Such businesses must determine which workers are critical infrastructure workers and inform them of their designation, except for:

  • Workers in health care and public health
  • Workers who perform necessary government activities
  • Workers and volunteers identified above

  Minimum Basic Operations

  Workers who are necessary to conduct “minimum basic operations” are workers whose in-person presence is strictly necessary to:

  • Allow the business or operation to maintain the value of inventory and equipment;
  • Care for animals;
  • Ensure security;
  • Process transactions (including payroll and employee benefits); or
  • Facilitate the ability of other workers to work remotely.

  Businesses and operations must determine which workers are necessary to conduct minimum basic operations and inform them of their designation.

  Social Distancing and Mitigation Measures

  Businesses maintaining in-person operations—either for critical infrastructure or minimum basic operations—are required to follow social distancing practices and other mitigating measures to protect workers and the public, such as:

  • Restricting the number of workers present on premises to no more than is strictly necessary to perform the business’s or operation’s critical infrastructure functions.
  • Promoting remote work to the fullest extent possible.
  • Keeping workers and patrons who are on premises at least six feet from one another to the maximum extent possible, including for customers who are standing in line.
  • Increasing standards of facility cleaning and disinfection to limit worker and patron exposure to COVID-19, as well as adopting protocols to clean and disinfect in the event of a positive COVID-19 case in the workplace.
  • Adopting policies to prevent workers from entering the premises if they display respiratory symptoms or have had contact with a person who is known or suspected to have COVID-19.
  • Any other social distancing practices and mitigation measures recommended by the Centers for Disease Control.

  Enforcement

  Willful violation of Michigan’s stay-at-home order is subject to a misdemeanor and up to a $500 fine. Based on guidance issued by the Michigan State Police, the emphasis at this time appears to be on voluntary compliance. However, if necessary, the order will be enforced against businesses in regulated industries with licensing and other restrictions. To date, Michigan Attorney General Dana Nessel has sent cease and desist letters to Michigan businesses for non-compliance.

  According to Attorney General Nessel, complaints concerning violations of Governor Whitmer’s orders should be directed to local law enforcement agencies, not to the Attorney General’s Consumer Protection intake line.

  For the most up to date information on Michigan’s response to COVID-19, businesses are encouraged to visit michigan.com/coronavirus, the Guidance for Businesses page, and review Executive Order 2020-21 FAQs.

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