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 or 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 firstname.lastname@example.org
Summer COVID Check-In on Zoom
We will do a monthly zoom call through the summer to check in on all COVID-19 related issues. This will be a 30-45 minute call on the 1st Thursday at 8:30am. Click below to register at no charge.
Please Note: the format of this page has changed. It has been arranged in accordion-style, simply click the + next to a topic to expand for specific information.
Current Rules Guiding Employer Response to COVID Issues:
The Governor announced reopening and rescinding orders/guidelines early on 6/22. We have been given notice that MIOSHA will soon announce they will rescind the Emergency Rules effective 6/22. Please keep in mind we do still have Public Acts 238 and 339 that mandate how employers handle, symptoms, exposure, quarantine, etc. We will send more information 6/21.
EEOC Issues Updated COVID-19 Technical Assistance.
The U.S. Equal Employment Opportunity Commission posted updated and expanded technical assistance related to COVID-19 pandemic, addressing questions arising under the federal equal employment opportunity laws. The EEOC also posted a new resource for job applicants and employees, explaining how federal employment discrimination laws protect workers during the pandemic.
MIOSHA has filed updated COVID-19 Emergency Rules in accordance with the MI Vacc to Normal plan and recent health guidelines and orders.
Employers should update their Pandemic Preparedness Plan per your new procedures based on what you must still be doing and some compliance you may choose to discontinue. Here are some great resources as you work through what may be best for your organization. Please contact Lisa Sabourin if you have questions or would like suggestions on what other employers are doing.
- Miller Johnson recent email publication on what in and out for MIOSHA
- Miller Johnson webinar providing more detail of MIOSHA changes
- Warner Norcross & Judd E-Alert on Updated MIOSHA Rules
- Warner Norcross and Judd short video update on MIOSHA Rules from their popular News from the Law Shanty Series
MI Governor’s Vacc to Normal Plan loosening rules based on vaccination percentages
- MI COVID-19 Employment Rights Act (ERA) that amended PA 238 with rules regarding employees that test positive, have symptoms or have bee exposed to COVID
Interested in Administering Rapid Antigen COVID-19 Tests
EA is hosting a COVID Testing Training for Employers through Public Health – Muskegon County. You will be trained to administer the Rapid Antigen COVID tests to your employees at your facility. To learn more please contact Trena Gould
The following is protocol for essential employers to register their company so that their employees may receive vaccination:
- Muskegon County employers – please provide details on your essential workers on this intake form on the site https://vaccinatewestmi.com/
- Ottawa County employers – please provide details on your essential workers on this intake form on the site https://www.miottawa.org/Health/OCHD/coronavirus.htm
- Mason County, Newaygo County and Oceana County employers – please provide details on your essential workers by completing this survey on the site https://www.dhd10.org/covid-19-vaccine/
The vaccination clinic at Shape is now public and any interested individual may schedule at the link below. Employers are encouraged to share with employees.
Individuals who believe they personally apply because
- EEOC’s Q&A on Vaccines for Employers
- COVID-19 Vaccine Dashboard
- Michigan COVID-19 Vaccination Prioritization Guidance
- 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.
- Walgreens and some churches have rapid tests available
Current Employer Vaccination Incentive Poll: We took a poll on Vaccination Incentives. Some companies are offering up to 2 hours of paid time to go get the vaccine during work hours. Other companies are giving credit towards their wellness plan for getting the vaccine. Some companies are doing a monthly raffle for a gift card, the sooner you get the vaccine the more chance you have to win the gift card.
MIOSHA Emergency Rules Extended until 10/14/21
More specific information and resources
Updated Mask Policies
MIOSHA has filed updated COVID-19 Emergency Rules in accordance with the MI Vacc to Normal plan and recent health guidelines and orders. These updated Emergency Rules will give workers and businesses the clarity and confidence they need to bring our economy back to full strength.
In light of all the press regarding MIOSHA imposing fines we spoke to MIOSHA CET and was reassured:
“If employers look at the ambassador assessment and at the sample plan, they do go hand in hand. If they follow the example Covid-19 Preparedness and Response sample plan, the assessment is just assurance that they are doing what they say they are going to do.”
See the sections on “sample pandemic plans” and “work remote work plans” below.
Workplace Preparedness Plans
Workplace Preparedness – Reminder to update your your plan with information on vaccination
- Here is a link to the sample preparedness plan https://www.michigan.gov/documents/leo/leo_miosha_cet5700_691240_7.doc
- Here is a link to the Ambassador Assessment https://www.michigan.gov/documents/leo/LEO-MIOSHA_Ambassador_Assessment_REVv1_701134_7.pdf
Sample tools and 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
- Draft COVID-19-Risk-Mitigation-Checklist – Blank
- TRC COVID-19 Acknowledgement Form April 23 2020 (From5/8 Call)
- TRC COVID-19 Preparedness and Return-to-WorkTraining, (From5/8 Call)
- TRC from 5/8 call uses the following Thermometers IR Thermometer and iHealth PT3
- Cleaning and COVID Posters from Nichols
- Visitors & Contractors COVID-19 Self-Screening Checklist
- COVID Memo Sample 1-ESample Preparedness Plan 1-E
- COVID Memo Sample 1-E
- Safe Work Playbook Lear
- Magna Smart Start Playbook
- Infectious Disease Responsiveness and Preparedness Plan -Eagle
- FAS Reusable Forehead Thermometer Strips and Instructions
- Thermal-scanning-options for temperature taking.xlsx
- Sample Symptom Tracker
- COVID-19 Employee Questionnaire_Rev 2
- Sanitation Tool
- COVID Decision Matrix for Exposure and Symptoms
- Employee Assessment of Symptom
- COVID-19 Employee Questionnaire
- COVID-19 Exposure Decision Tool
- COVID-19 Decision Chart
- COVID-19 Exposure
- COVID-19 Employee Quick Reference
- Guide to COVID-19 Screening
- COVID-19 Screening Form
- COVID Travel Policy
- EO 2020-59’s “Face Covering” Requirement and What That Means for Michigan Employers
- PPE Supplier List; For a list of local PPE suppliers please visit
- CDC Guidance for Businesses and Employers
- OSHA Guidance on Preparing Workplaces for COVID-19
- OSHA’s Risk Pyramid for analysis
- Preparing for Pandemic – a checklist from Harvard Business Review (scroll down article)
- CDC Guidance for Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19
- OSHA Release Guidance on Recording COVID Cases
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.
Remote Work Resources and Samples
MIOSHA, as of 5/24/21 has rescinded it’s remote work mandate from the Emergency rules in accordance with the Governor’s Vacc to Normal plan and CDC guidelines.
The following are guidelines from Federal Agencies on Telework
Work Search Requirements for Unemployment Reinstated
The Unemployment Insurance Agency has reinstated work search requirements for unemployment benefit claimants. The requirement to search for work in order to receive unemployment benefits had been suspended since March 2020 to help the increased volume of hardworking Michiganders who faced unemployment due to the pandemic.
21 States now Cancelling Federal Unemployment
MI Unemployment Update
According to state law, some temporary expansions in unemployment eligibility and cost-sharing applicable to state unemployment claims expired on March 31, 2021. Click Here to read more from Michigan Department of Labor & Economic Opportunity.
Federal Unemployment Update
The American Rescue Plan (ARPA) has extended Pandemic Unemployment Assistance (PAU) on a federal level, so an employee who is out for a 10- or 14-day isolation or quarantine period should still be eligible for unemployment benefits. Click here to see more.
With the new extension of FFCRA tax credits in the American Rescue Plan (ARPA), you may “voluntarily” provide paid leave and receive tax credits if you meet the criteria:
The ARPA resets the 10-day limit for the tax credit for paid sick leave beginning April 1, 2021, and increases the cap of eligible expanded family and medical leave wages per employee from $10,000 to $12,000. It also expands the definition of qualifying paid leave to include leave taken to obtain a COVID-19 vaccination, recover from any injury, disability, illness or condition related to the COVID-19 vaccine, or seek or await the results of a COVID-19 test due to exposure or employer request. Notably, it also expands the definition of qualifying expanded family and medical leave to include all of the qualifying reasons for paid sick leave. Finally, the ARPA’s revisions to the FFCRA include a nondiscrimination rule requiring that employers cannot claim the tax credits if the paid leave provided to employees discriminates in favor of highly compensated or full-time employees or based on length of employment.
If you choose to voluntarily provide these benefits please note that you may provide just the 10 days sick pay; just the expanded FMLA or both. You may also discontinue at any time with some advanced notice to employees.
Please use the this Updated FFCRA leave form for extension 4/1 – 9/30; this is for employees to document the need for leave.
Current Employer Pole: At the last HR meeting we took a poll: about 25% have stopped providing these benefits. Another 25% are only providing the sick pay not the expanded FMLA and many said they were likely to discontinue once everyone had the opportunity to be vaccinated. Many employers would like to avoid the abuse we saw last summer when people took 2 weeks off due to “supposed exposure. ” Most are inclined to provide the sick pay in order to keep sick people out of the workplace, particularly during spikes.
Business Guidance and Resources (most recent at top)
- Unemployment (UIA) offers videos on how to file a claim
- UIA Returning to Work and Refusal of Work for Unemployment Compensation Letter
- Link to report UIA fraud
- UIA Fraud Sample Letter to Employees
- Bureau of Labor Statistics Unemployment by State
- CARES Act Good Guide and Checklist from the US Chamber
- EEOC webinar on the pandemic and ADA and publication on ADA & Pandemic and EEOC Pandemic Preparedness
- Pure Michigan Business Connect offering virtual, statewide matchmaking platform for suppliers, buyers providing critical response to COVID-19
- COVID-19 Volunteering in Michigan
- The Worker Adjustment and Retraining Notification Act (WARN)
- Click here to receive updates from Michigan Governor
- A CEO Coronavirus Action Plan from Bain
- Ultimate Guide to Remote Work from Zapier
- COVID Decision Matrix for exposure and symptoms
- Productive Virtual Meeting Recommendations
- Organizations Considering Policy Changes
- Sample Pandemic Policy https://www.thinkhr.com/hrhotline/alerts/Sample%20Model%20Pandemic%20Flu%20Policy.pdf
FEMA Planning tool for operations continuity https://www.fema.gov/media-library-data/1396880633531-35405f61d483668155492a7cccd1600b/Pandemic_Influenza_Template.pdf