Summary of Gov. Whitmer's Executive Order 2020-36 (COVID-19)

On April 3, Governor Whitmer signed Executive Order 2020-36, aimed at “protecting workers that stay home, stay safe when they or their close contacts are sick.”

Under this latest Order, employers are prohibited from discharging, disciplining or retaliating against employees who stay home if they meet certain criteria outlined in the Order.

The criteria includes:

• Individuals who test positive for or show one or more of the symptoms of COVID-19
• Individuals who have had close contact with someone who tests positive for COVID-19 or displays one or more of the symptoms

The Order further provides:

• Terms of leave – an employer must treat an employee who qualifies as if they were taking medical leave under Michigan’s Paid Medical Leave Act (PMLA)
• No retaliation for lack of documentation
  • Employers are also prohibited from disciplining, discharging or retaliating against an individual who fails to comply with any documentation requirement showing that either they or someone with whom they have had close contact has one or more of the principal symptoms of COVID‑19.

The Order in its entirety can be found here.