Advocacy News – May 6, 2022
Since the start of the pandemic, the Michigan Legislature and Governor have struggled to find a balance between reasonable safety requirements and the need to keep the economy and people’s lives going. Many trade-offs have been made along the way. The question now, as COVID looks to be more manageable, is whether some of the statutory requirements put in place at the start of the pandemic, which are causing problems in workplaces across Michigan, should be removed.
What’s the Problem?
Under Michigan law today, Michigan employers are subject to the COVID-19 Employment Rights Act, which prohibits employers from taking adverse employment action against an employee who does not report to work if they have COVID-19, have principal symptoms or have had close contact and need to isolate or quarantine. The law was passed in 2020 alongside COVID-19 liability protections for employers following the all local, state and federal guidelines, including those issued by the Centers for Disease Control and Prevention (CDC).
Since the COVID-19 Employment Rights Act was last amended in December 2020, the CDC has updated their guidance as it relates to isolation and quarantine protocols, but unfortunately, the law does not allow employers to fully recognize all of these changes (e.g., the law does not speak to differences in quarantine protocol based on vaccination status and does not fully align with the CDC’s current list of principal symptoms).
Because the law is not in full alignment with CDC guidance, this puts employers between a rock and a hard place: follow the latest CDC guidelines and risk being sued or follow the more stringent requirements of the COVID-19 Employment Rights Act and risk having employees out of the workplace unnecessarily — and possibly without pay, if no paid time off (PTO) is available.
What’s the Proposed Solution?
Given the confusion, complexities, contradictions and the fact that Michigan has not been in a COVID-19 state of emergency for over a year, the Michigan Chamber is pushing legislation (House Bill 5244) to fully repeal the COVID-19 Employment Rights Act.
Wendy Block, Vice President of Business Advocacy and Member Engagement, testified in favor of the bill in the House Government Operations Committee Thursday, May 5. Some good conversation and understanding of the problem occurred at the hearing and we remain hopeful that both sides are willing to work together to find a workable solution that can be signed by the Governor (repeal or otherwise).
This issue is a priority for the Michigan Chamber. We will keep members apprised as this issue continues to develop. Please contact Wendy with questions at wblock@michamber.com.