Signed by Governor Gretchen Whitmer

Vote Smart's Synopsis:

A vote to pass a bill that protects employees from being fired or facing consequences from an employer upon diagnosis of COVID-19.

Highlights:

• Prohibits employers from discharging, disciplining, or retaliating against an employee who (Sec. 3):

• Has tested positive for COVID-19;

• Displays the principal symptoms of COVID-19; or

• Opposes a violation of this bill.

• Authorizes an employer to discharge or discipline an employee if one or more of the following are true (Sec. 3):

• The employee is not prohibited from reporting to work and has unexcused absences;

• The employee consents to the discharge or discipline; or

• There is any other legitimate and lawful reason to discipline or discharge the employee.

• Prohibits an employee who tests positive or displays the principal symptoms for COVID-19 from reporting to work until all of the following are met (Sec. 5):

• If the employee has a fever, 24 hours have passed since the fever has stopped without the use of medications;

• 10 days have passed since either the symptoms first appeared or the date the employee received a positive COVID-19 test result, whichever is later; or

• The employee’s principal symptoms have improved.

• Prohibits an employee who has come in close contact with an individual who has tested positive for COVID-19 or displays principal symptoms thereof, from reporting to work until one of the following is met (Sec. 5):

• 14 days have passed since the employee’s last contact with the individual; or

• The individual the employee came in contact with receives a negative COVID-19 test result.

• Exempts healthcare professionals, workers at health care facilities, first responders, child protective service employees, workers at child caring institutions, workers at adult foster care facilities, and workers at correctional facilities from the aforementioned provision (Sec. 5).

• Authorizes an employee who feels as though they have been treated unfairly by a violation of this act to bring civil action for appropriate injunctive relief, damages, or both, within the circuit court for the county where the employer holds their principal place of business (Sec. 7).

• Establishes an award to an employee who wins such a case as defined above damages of no less than $5,000.00 (Sec. 7).

• Specifies that this act is applicable to public employers and employees unless inconsistent with section 5 article XI of the state constitution (Sec. 9).

• Defines “close contact” as within approximately 6 feet of an individual for 15 minutes or longer (Sec. 1).

• Defines “damages” as any of the following (Sec. 1):

• Actual injury or loss;

• Reasonable attorney fees; or

• Reasonable court costs.

• Defines “principal symptoms of COVID-19” as (Sec. 1):

• One or more of the following unexplained by a known medical condition:

• Fever;

• Shortness of breath; or

• Uncontrolled cough; or

• 2 or more of the following unexplained by a known medical condition:

• Abdominal pain;

• Diarrhea;

• Loss of taste or smell;

• Muscle aches;

• Severe headache;

• Sore throat; or

• Vomiting.

Full Bill Text