[Michlib-l] EO 2020-162

[Membiela, Clare (MDE)]

EO 2020-162, (https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-535665--,00.html), An Amendment to Executive Order 2020-160, amends section 1 of EO 2020-160 (https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-535195--,00.html), which reads:

"Remote work. Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely."

EO 2020-162 restores a section of EO 2020-115, which indicated that work "capable of being performed remotely" in  Regions 6&8 "Should" (rather than "Must") "be performed remotely."

Therefore, the remote work requirements pursuant to amended EO 2020-160 are:

For Regions 1-5,&7:

"Remote work. Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely." (emphasis added).

For regions 6 & 8:

"The restriction described in section 1 of Executive Order 2020-160 does not apply in Regions 6 and 8. Instead, in Regions 6 and 8, any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) should be performed remotely."  (emphasis added)

What does this mean for libraries?

Because the  phrase "capable of being performed" is not a clear guideline, the requirement for regions 1-5, & 7 AND 6 & 8 could vary by situation and employee. A library should consult their library attorney before determining their policies.

Sincerely,
Clare




Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

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