COVID-19 Employer Resources

Our Mission: To provide key employer services and information in support of talent and workforce development.
Our Vision: To be the leading employer's resource in West Michigan.

Please note – information on this page is for informational purposes and should not be regarded as legal counsel.  Samples, services and products have not been endorsed on vetted by EA .  Every organization has unique circumstances and use parameters and should vet for their own use and consult legal counsel as warranted.

Email questions to lisasabourin@eawm.net

Upcoming Roundtables

We welcome anyone to try a Roundtable at no charge as we have been running them for 30+ years.  If you wish to continue throughout the season there is an investment. Click here to see information on all Roundtables.

Safety Roundtable: Thursday January 14, 2021 8:30-10:00

Benefits Roundtable: Friday January 15, 2021 8:30-10:00

MDHHS Epidemic Orders from 1/13/21

VACCINES

The following is protocol for essential employers to register their company so that their employees may receive vaccination:

  • Mason County – Coming Soon
  • Muskegon County – Coming Soon
  • Newaygo County – Coming Soon
  • Oceana County – Coming Soon
  • Ottawa County – Coming Soon

MERCY Health has testing for those without a Primary Care Physician (PCP) at Hackley at the Lakes site.  Those without a PCP and need a test may call 231-672-2491. 

 MI COVID 19 Employment Rights Act (ERA) through Senate Bill 1258 amends Public Act 238 to coincide with CDC guidelines for quarantine, isolation, exposure, etc.

MERCY Health has testing for those without a Primary Care Physician (PCP) at Hackley at the Lakes site.  Those without a PCP and need a test may call 231-672-2491. 

Michigan Unemployment

Families First Coronavirus Response Act (FFCRA)  – The mandate to provide paid benefits expired 12/31/20.  If employers choose to provide Sick Pay and/or expanded FMLA benefits they may receive tax credits through 3/31/21.

Since the mandate has expired employers may choose to continue to offer, consistently to all employees, both the Sick Pay and Expanded FMLA; just Sick pay; just Expanded FMLA, or neither through 3/31/21.  Even if you choose to continue now you can discontinue at any time before 3/31 and we recommend providing notice to employees.  For the most part, employees do not receive any more time-off than up to the original 80 hours sick pay and the additional 10 week of expanded FMLA. If they have used it they are done.  For those covered under the regular FMLA depending on your 12-month period employees could potentially receive additional Expanded FMLA and any expanded FMLA used between 1/1/21 and 3/31/21 does not count against the regular FMLA bank.

DOL issues FFCRA Posters to be posted no later than 4/1/20

Most useful tool in navigating FFCRA is the DOL’s Questions and Answers document – addresses critical questions, such as how an employer must count the number of their employees to determine coverage; how small businesses can obtain an exemption; how to count hours for part-time employees; and how to calculate the wages employees are entitled to under this law.

DOL also provides FFCRA Guidance – provided in a Fact Sheet for Employees, a Fact Sheet for Employers

Sample Forms for FFCRA:

Remote Work – Reminder the MIOSHA “must” work remote order is in effect through 4/14/21 regardless of Governor’s restrictions through 1/15/21

Executive Rule 5(8) says: The employer shall create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely.

To further protect workers from the increased spread of COVID-19, the Michigan Occupational Safety and Health Administration (MIOSHA) launched a State Emphasis Program (SEP) focused on office settings that addresses the need for increased vigilance, education and enforcement on remote work policies.

In MIOSHA’s COVID-19 Emergency Rules, employers are required to create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely. Under statute, MIOSHA can cite employers, require abatement, and fine them up to $7,000 for failing to produce a remote work policy or if the employer’s preparedness and response plan is non-compliant.

MIOSHA will accept a written policy which indicates that employees are not to perform in-person work activities where the work activity can be feasibly be completed remotely.

Employers are obligated to demonstrate infeasibility of remote work.

Employers should include in the remote work determination information which covers at least:

  • Which positions/classifications report for in-person work and why they must be physically present in the workplace;
  • Reasons that this work cannot be performed remotely, this must include enough specificity to show this analysis has been performed.

This written policy may be part of the employer’s COVID-19 preparedness and response plan.  It does not have to be a stand-alone document.

MIOSHA’s New FAQ on Remote Work

Live MIOSHA Emergency Rules Q & A to answer your most pressing questions about the State Emphasis Program for offices and remote work policies amidst the pandemic.View the full video and the presentation for additional information.

Guidance for keeping a safe workplace

The following are guidelines from Federal Agencies on Telework

Webinar on rules requiring Remote Work from Miller Johnson

Sample Policies:

Workplace Preparedness – Reminder to update your your plan with information on vaccination

Sample plans from members:

Please note – information on this page and particularly in this section has been shared by others; it has not been endorsed or vetted by EA for use.  This is for informational purposes and should not be regarded as legal counsel.  Every organization has unique circumstances and use parameters and should vet for their own use and  and consult with legal counsel when warranted.

Some have begun using an a symptom checker app from the State of Michigan – click here

Suggested brands for temperature screening;

  • TRC from 5/8 call uses the following Thermometers IR Thermometer and iHealth PT3,
  • Jumper Thermal Scanner -recommended many sources on internet.

MIOSHA Releases Emergency Rules – they take effect 10-14-20

Late, today, 10-14-20, MIOSHA has issued Emergency Rules at the urging of Governor Whitmer. These rules are to help clarify and enforce guidelines that were in Executive Orders that were recently invalidated by the Michigan Supreme Court.  Here is what we know at this time:
  • Our law firm partners have not had a chance to review and comment. This will likely be an on-going process.
  • There may be a challenge to MIOSHA’s ability to create such rules.
  • At present, being issued by MIOSHA, does mean they are fully enforceable by MIOSHA like other health and safety Regulations.

Here is a link to the full 9 page Emergency Rule Document

Here is a link to the press release from the Office of the Governor regarding the creation of these Rules.
Here is a link to a very useful MIOSHA Info graphic – page 3 has links to specific industries such as manufacturing.

COVID-19 Workplace Safety Frequently Asked Questions from MI LEO on MIOSHA’s Emergency Rules

Michigan COVID-19 Workplace Safety Director, hosted a live MIOSHA Emergency Rules Q & A to answer your most pressing questions about workplace safety amidst the pandemic as business are able to reopen. Click Here to watch the video and the presentation for additional information. Check out Michigan.gov/COVIDWorkplaceSafety for employer, employee workplace safety resources including posters, videos, fact sheets and industry specific requirements. The website now, also includes a section of frequently asked questions that will be updated on a continuous basis.

Our Partner Law Firm’s Resource Pages

They include updated guidance, Q&A per scenarios and live and recorded webinars

Business Guidance and Resources (most recent at top)