Although Michigan Governor Gretchen Whitmer previously issued Executive Order 2020-153 requiring individuals to wear a face covering in all public indoor spaces and some outdoor spaces, the order specifically carved out an exception for childcare centers and camps. On August 6, 2020, however, the governor signed Executive Order 2020-164, now requiring face coverings in childcare centers and camps in certain circumstances.

According to the new order, staff and children must wear a face covering in the following circumstances: (1) all staff and children ages two and older when on a school bus or other transportation; (2) all staff and children ages four and older in all indoor common spaces; and (3) all staff and children ages 12 and older in classrooms, homes, cabins, or similar indoor, small-group settings. Children under age two are encouraged to wear face coverings when indoors in common spaces.

Children are not required to wear a face covering if they cannot medically tolerate it, during mealtime, while swimming, performing high-intensity activities, outdoors while social distancing, or if they are under age two. This new face covering requirement is not required, though highly recommended, for childcare centers in Phase 5 of the Michigan Safe Start Plan.

Lastly, childcare centers and camps are able to use facilities that are otherwise closed to the public under Executive Order 2020-160.

This new order goes into effect on August 10, 2020 at 12:01 am. A willful violation of this order is a misdemeanor under MCL 10.33 and MCL 30.405(3).

Originally published by Littler Mendelson, August 2020

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