New COVID-19 Preparedness & Response Plan Required
Executive Order 2020-42 extended “Stay Home & Stay Safe” in Michigan through April 30, 2020. Under Section 10 a. in this order, there is a specific directive that all employers who are maintaining even minimum essential operations in which employees must report to work are required to have a written COVID-19 Preparedness and Response Plan, consistent with recommendations in Guidance on Preparing Workplaces for COVID-19, developed by the Occupational Health and Safety Administration available here. Such plan must be available at company headquarters or the worksite. In an effort to help our clients, HR Solutions Group has prepared a template for you to work through with your point of contact with our firm.
Unemployment for Immunocompromised
An additional point of clarification is in the area of unemployment eligibility. Unemployment eligibility in Michigan was expanded to include individuals that are immunocompromised and who do not have access to other paid leave or are laid off and unable to telecommute.
In previous correspondence and webinars, HR Solutions Group confirmed that employees who are afraid to work are not eligible for unemployment if work is available. Considering this unemployment eligibility benefit expansion, we recommend that employers seek to understand the reason why an employee who is required to come to your workplace during the active “Stay Home & Stay Safe” order is afraid to report to work. Should an employee express health concerns, as the employer your designated medical leave representative should ask the employee if he/she is able to substantiate meeting high-risk immunocompromised status under the CDC guidelines and consider eligibility for available paid leave (i.e., EPSLA, Sick Pay, PMLA, PTO). If no available paid leave applies, we recommend that the employee requests an unpaid leave of absence for medical reasons and include medical documentation to substantiate the health reasons identified by CDC guidelines. Upon approval, the responsibility will lie with the employee to submit and further substantiate their claim with the unemployment agency. It is important to note, that this type of leave does not fall under a job protected leave and will discontinue at the expiration of the “Stay Home & Stay Safe” order. While the leave is not explicitly job protected, HR Solutions Group does not recommend any discipline or discharge of immunocompromised employees who seek to shelter at home to stay safe.
If you need assistance or guidance regarding these new requirements or other HR related matters, please feel free to reach out to Renee Goodemoot at 616-719-5372 or reneeg@thehrsolutionsgroup.com to coordinate next steps.
Continue to be safe and be well!
The HR Solutions Group Team