On April 8, 2020 the Stay at Home order was extended through April 30, 2020. The order says it is to be construed broadly to prohibit in person work that is not necessary to protect life. All public and private gatherings of any number of people who are not part of a single household are prohibited.

As before, no business can require workers leave their home except as necessary to sustain or protect life or conduct minimum basic operations. Workers who conduct basic operations are those who:

1) Maintain the value of inventory and equipment;
2) Care for animals;
3) Ensure security;
4) Process necessary transactions such as payroll and benefits;
5) Facilitate the ability of others to work remotely.

Critical infrastructure workers are allowed to work in person. They include healthcare/public health, food and agriculture, public works, law enforcement, public safety, first responders, energy, transportation and logistics, communications and information technology, critical manufacturing, financial services, chemical, defense industry base, hazardous materials, community based government operations and essential functions, child care workers, the insurance industry, helping the needy, and performing critical labor union functions.

The above workers can come to work if they cannot work remotely.

Workers supporting groceries, pharmacies, restaurant carry out and food manufacturer can work.

On April 3, 2020 the Governor issued an Executive Order declaring that it is violation of public policy to discharge, discipline, or retaliate against an employee for staying home when he/she is at particular risk of infecting others with Covid -19. The employer must treat the employee as if he/she were taking leave under the Michigan Paid Medical Leave Act. The length of protected leave is not limited by the amount of leave the employee has accrued under the Act, but must extend paid or unpaid as long as the employee remains away from work. Once the employee is cleared to return to work and if they refuse to return, they can be terminated. This Act does not apply to healthcare professionals, workers at a healthcare facility, first responders, child protective service employees or correctional facility workers. There is no private cause of action if an employer violates this Act.

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

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.

Michigan Governor Extends Stay At Home Order and Issues Order on Public Policy if Discharging Workers With COVID-19

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