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.
The order’s quarantine periods do not apply to:
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
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:
Individuals may also travel:
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:
Subject to restrictions, Order 2020-21 also identifies as critical infrastructure workers:
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:
Minimum Basic Operations
Workers who are necessary to conduct “minimum basic operations” are workers whose in-person presence is strictly necessary to:
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:
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.
