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Governor Whitmer announces Executive Order 2020-50 to add protections for employees in Long Term Care Facilities

On April 15, 2020, the Governor signed Executive Order 2020-50 which protects employees in long term care facilities (and Regional hubs) from discharge, discipline or retaliation for staying at home  if they “test positive for COVID-19 or who display one or more of the principal symptoms of COVID-19.

A long term care facility is defined as a “ nursing home, home for the aged, adult foster care facility, or assisted living facility.”

A Regional hub is defined as  “ a nursing home that is designated by DHHS as a dedicated facility to temporarily and exclusively provide care to COVID-affected residents.”

“Principal symptoms of COVID-19” are defined as “fever, atypical cough, or atypical shortness of breath.”

Additionally, Executive Order 2020-50 requires long term care facilities to, among other actions,:

“ Take all necessary precautions to ensure the adequate disinfecting and cleaning of facilities, in accordance with relevant guidance from the Centers for Disease Control and Prevention (“CDC”)”;

“Use best efforts to provide appropriate personal protective equipment (“appropriate PPE”) and hand sanitizer to all employees that interact with residents”; and

“As soon as reasonably possible, but no later than 12 hours after identification, inform employees of the presence of a COVID-19-affected resident; (e) Notify employees of any changes in CDC recommendations related to COVID-19.”

The law is changing daily. Your rights are affected. If you or others you know have questions or concerns about the laws affecting employees during this Pandemic, please call us. We are here to help and available remotely to answer your questions.

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