On April 15, 2020, Governor Whitmer issued an executive order that addressed protections for residents and employees of long-term care facilities. This article will discuss the issues pertaining to employees.

The order says that it is the public policy of the state of MI that employees of long-term care facilities who test positive for Covid-19 or have symptoms should remain at home. Their employers shall not discharge, discipline or otherwise retaliate against them for doing so. This would include taking action against them if they were to violate an attendance policy. This does not include an employee who has no Covid-19 symptoms or has not tested positive but refuses to come to work out of fear of contracting the virus.

Long-term care facility is defined as a nursing home, home for the aged, adult foster care facility, or assisted living facility.

Long-term care facilities must cancel all communal dining and group activities, take CDC recommended disinfecting and cleaning precautions, use best efforts to provide hand sanitizer and PPE to employees who interact with residents, no later than 12 hours after learning of a Covid-19 affected resident notify the employees and the employer must notify employees of any changes to the CDC guidelines.

Currently, this order is in effect through May 13, 2020.

If you have any questions, please contact the Kitch Labor & Employment team.

Stay healthy!

Any information included here or through our web site is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our web site, no attorney client relationship is created.

Governor Whitmer Issues Executive Order Protecting Employees of Long-term Care Facilities

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