COVID-19 Employment Rights Act rolled back

On Monday, July 11, Michigan’s three COVID-19-era laws were rolled back with Governor Gretchen Whitmer’s signature. This includes an amendment and repeal of the COVID-19 Employment Rights Act. Employees will be able to file claims for any protected event under the Act that occurred before July 1, 2022, until it is repealed in its entirety on July 1, 2023. Read on to learn what employers need to consider.

The facts

Public Act 238 of 2020, also known as the COVID-19 Employment Rights Act, prohibited employees from reporting to work after:

• Testing positive for COVID-19;
• Experiencing the principal symptoms of the virus; or
• Being identified as a close contact of someone who has tested positive, until the employee had completed the applicable self-isolation or quarantine period.

Under the new law, no claim under the COVID-19 Employment Rights Act can accrue after July 1, 2022. That means between now and July 1, 2023, employees can pursue a claim against their employer (current, former, or prospective) for any protected event under the Act that occurred before July 1, 2022. This is allowed until it is repealed, effective July 1, 2023.

Employers are still required to prohibit employees from reporting to work as required by the COVID-19 Employment Rights Act. However, the deterrent has been eliminated for a claim (e.g., retaliation) accruing after July 1, 2022.

Bottom line