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Litchfield Cavo Partner Summarizes Michigan COVID-19 Executive Order

Partner Kathleen J. Collins has written a new Litchfield Alert that discusses the recent executive order signed by the State of Michigan’s governor, Gretchen Whitmer. Executive Order 2020-04 prohibits employers from retaliating against employees who suffer from or have tested positive for COVID-19.

The order states that employers must treat employee as if the taking leave under Michigan’s Paid Medical Leave Act. Though, if the employee does not have paid leave available the employee may take unpaid leave, and the duration of leave is not limited by the amount of the employee’s accrued leave under the Paid Medical Leave Act, and must extend so long as they remain out from work for reasons related to COVID-19. If unpaid leave, employers are permitted to debit the employees hours against their accrued leave.

This order explicitly states employers are prohibited from discharging, disciplining or otherwise retaliating against an employee, employers are permitted to discharge or discipline an employee for failing to comply with coronavirus documentation protocols. The order is effective immediately and continues through the end of Michigan’s state of emergency.

To read “Michigan Extends Retaliation Protections To Include Covid-19 Employees,” please click here.