Last October, Michigan Governor Gretchen Whitmer signed HB 6032 to protect workers who do not report to work because they were exposed to, displayed symptoms of, or tested positive for COVID-19. On December 30, 2020, and likely in response to the recent changes in the U.S. Centers for Disease Control and Preventions (CDC) guidelines regarding COVID-19, the governor signed Senate Bill 1258 (SB 1258) into law, modifying COVID-19 worker quarantine requirements.

Specifically, SB 1258 now requires the following:

• An employee who tests positive for COVID-19 must not report to work until advised by a health care provider or public health professional, or if all of the following conditions have been met: (1) 24 hours have passed since their fever stopped without the use of fever-reducing medications; (2) the recommended number of days for isolation as prescribed by the CDC has passed; (3) the employee’s principal symptoms of COVID-19 have improved; and (4) the employee is no longer advised by a health care provider or public health professional to isolate.

• An employee who displays the principal symptoms of COVID-19, but has not yet tested positive: must not report to work until a negative diagnostic test has been received, or all of the following conditions have been met: (1) the recommended number of days for isolation as prescribed by the CDC has passed; (2) employee’s principal symptoms of COVID-19 have improved; and (3) 24 hours have passed since the fever stopped without the use of fever-reducing medication.

• An employee who has had close contact (as defined by the CDC guidelines) with someone who tests positive for COVID-19 must not report to work until: (1) the recommended number of days for quarantine as prescribed by the CDC has passed or (2) they have been advised by a health care provider or public health professional that the period of quarantine is complete.

Under SB 1258, workers are no longer required to stay home nor are they protected if they have come into close contact with someone who merely displays the principal symptoms of COVID-19.

In addition, the new law adds an exception for certain employees (i.e., health care workers, first responders, etc.) who would otherwise be subject to quarantine, who have not yet tested positive for COVID-19, and who are not experiencing symptoms, to be allowed to participate in onsite operations when necessary if their failure to do so would cause serious harm or danger to public health or safety.

Finally, an employer may use compliance with SB 1258, as well as the CDC guidelines, all relevant federal, state, and local statutes, rules, and regulations, and all effective executive orders and agency orders, as an affirmative defense to liability.

SB 1258 took effect immediately.