[Michlib-l] Clarification on Whether Employee needs documentation to return to work

[Membiela, Clare (MDE)]

Hi :

During the Director's call today,  I was uncertain as to what the requirements are for a employee who had tested positive for Covid-19 to return to work.


I was pretty certain that employees with a Covid-19 diagnosis  needed to get clearance from a medical professional.

Well, I was partly right.... And WRONG- that's what I get for not double checking!

The MiOSHA rules require Health Department clearance if the employee was under an isolation or quarantine order.
The MiOSHA Rules also require that he CDC guidelines are used to determine when a diagnosed employee is no longer infectious.
The CDC guidelines , in addition to the 10 day metric below, also emphasize that a patient should consult with heir health care provide to determine when they have recovered. Depending on the severity of the illness, an employee may have  slightly different criteria.

It is also clear that any type of a Medical Provider's note requirement is NOT part of the guidelines.

Employers should NOT require tests or Dr's notes for employees to return to work

Upon further  review, here is the clarification, and the requirements:

The MiOSHA Emergency Rules, Rule 6(5) states:

"The employer shall allow employees with a known or suspected case of COVID-19 to return to the workplace only after they are no longer infectious according to the latest guidelines from the CDC and they are released from any quarantine or isolation order by the local public health department."

The rules require employees to implement the CDC guidelines and if the employee was under a quarantine or isolation order,  the employee must be released by the Health Department to return to work.


Latest guidelines from the CDC:
https://www.cdc.gov/coronavirus/2019-ncov/community/general-business-faq.html#Suspected-or-Confirmed-Cases-of-COVID-19-in-the-Workplace
https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/end-home-isolation.html
https://www.cdc.gov/coronavirus/2019-ncov/hcp/disposition-in-home-patients.html


The CDC guidelines seem  to suggest that a person diagnosed with Covid-19 should

  *   isolate for 10 days from onset of symptoms or positive test AND be free of fever (without fever-reducing medications) AND their other symptoms are improving before being around others,
  *   the guidelines also indicate that patients should consult with their healthcare providers to determine when they can be around others and whether they require additional testing.

So, In SUM:

Employees with diagnosed Covid-19:


  *   Must follow CDC guidelines for when they can be around others
  *   Must obtain  a release by the Health Department, if they have been under quarantine or isolation orders
  *   SHOULD consult with healthcare provider to determine recovery (this is especially true for severe Covid-19 cases)

Libraries should consult their local health departments for additional information.

I hope this is helpful!

I apologize for the confusion!

Have a great weekend!

Take Care
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

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
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