The Law of Wrongful Discharge

New Michigan Law Protects Employees Who Miss Work Due to COVID

Posted by Bradley Glazier | Dec 12, 2020 | 0 Comments

There is a new Michigan law providing protection to employees who miss work due to COVID-19.  Under MCL 410.401-412, employees may file suit against their employers if they are unable to report to work after experiencing symptoms of COVID-19 and are fired or not allowed to return to work after their symptoms resolve. The law states that an "employer shall not discharge, discipline, or otherwise retaliate against an employee" "where an employee who displays the principal symptoms of COVID-19 does not report to work and later tests negative for COVID-19."  The law also protects employees who "oppose a violation of the act," or who "report health violations related to COVID-19." Employees who are fired for missing work due to COVID-19 lose this protection if they don't "make reasonable efforts to schedule a COVID-19 test within 3 days after receiving a request from their employer to get tested."

The following category of "essential" employees are not afforded wrongful discharge protection under the new law:

(a) A health care professional.
(b) A worker at a health care facility.
(c) A first responder.
(d) A child protective service employee.
(e) A worker at a child caring institution,
(f) A worker at an adult foster care facility,
(g) A worker at a correctional facility.

Employees may bring a lawsuit against their employer for damages and injunctive relief.  Attorney fees are not available under the law.  Bos & Glazier represents employees who are wrongfully discharged under Michigan law and Federal law.

About the Author

Bradley Glazier

Bradley K. Glazier has enjoyed his success as trial lawyer for more than 30 years. In that time, Mr. Glazier has presented dozens of cases to judges, juries and arbitrators. He is a frequent speaker at employment litigation seminars.


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