Scared to go back to work because of coronavirus? You could lose unemployment benefits
You got furloughed and are getting unemployment benefits. Now your employer says you should return to work, but you’re reluctant because you’re worried you’ll be exposed to the coronavirus.
Refuse the job, and you could lose those benefits.
There is hope that the benefits could continue, but to find out your fate, you have to navigate a thicket of advice and guidelines. The state’s Employment Development Department, which manages the state unemployment program, posted a new series of questions and answers on its website Wednesday to help.
Generally, someone is disqualified for unemployment insurance if they refuse to accept what the EDD terms “suitable” employment.
Under state law, the EDD will look at whether work is suitable by considering factors such as the risk involved to a worker’s health and safety.
The good news: “You would have good cause to refuse to return to work if the business does not provide an essential service and is not in one of the industries reopening now under the state’s Resilience Roadmap for reopening. This is because the stay-at-home order is still in effect outside of essential or reopened industries,” the website advises. The roadmap is a guide to reopening the state.
But you could still be denied benefits in certain instances.
What if you employer says you can telework? The EDD says, “You may not have good cause for refusing suitable work if your employer was willing to allow you to telework and you still refused the suitable work.”
In that case, the state says, “You could be disqualified from continuing to receive regular unemployment insurance benefits because there was an alternative available to work without compromising your health and safety.”
Another scenario: What if the employer has complied with all the state requirements for reopening, including all the safety regulations?
You then are generally expected to go back to work if called. “You may not have good cause to refuse to return to work and could be disqualified from continuing to receive regular unemployment benefits for a designated period of time,” the EDD advises.
California unemployment benefits can be as high as $1,050 per week through the end of July. After that, an extra $600 weekly federal benefit that is part of that amount expires.
It could be easier to maintain any benefits if you are in an “elevated risk” category.
The state public health department has said those who should stay at home include people over 65, have weakened immune systems or serious chronic health conditions such as heart disease, lung disease or diabetes.
Employers have a legal obligation to accommodate certain health conditions, and must accommodate employees with certain disabilities.
Gov. Gavin Newsom said steps are being taken to protect workers’ health in the workplace.
“I think there is a deep desire for people to come back to work,” Newsom said at a Tuesday news conference, though he added, “Not everybody’s going to come back right away.”
Nationally, the National Employment Law Project and other activist groups are fighting to allow those now getting benefits to keep them if they deem their workplace a health risk.
“Unsafe work should not be considered suitable. Workers should never have to choose between their health and their income,” said Michele Evermore, senior researcher and policy analyst.
In addition to the regular state unemployment insurance benefits, workers who ordinarily do not qualify for such help, such as self-employed people, can get aid from the new federal Pandemic Unemployment Assistance program.
The U.S. Labor Department has offered similar guidelines as to how PUA benefits can work. Among its Q and As:
“Question: Is an individual who refuses an offer of work eligible for PUA?
“Answer: No, unless the individual is unable to work as a direct result of COVID-19. Eligibility for PUA requires that the individual be able to work and available to work within the meaning of applicable state law(other reasons).”
“Question: If the jurisdiction’s stay at home order due to the COVID-19 emergency is lifted and an employer has called his or her employees back to work, is an individual who refuses to return to work due to a general fear of exposure to the coronavirus still eligible for PUA?”
“Answer: To qualify for PUA, the individual must be unemployed, partially unemployed, or unable or unavailable to work because of a COVID-19 related reason...An individual who does not go to work due to general concerns about exposure to COVID-19, and who does not meet any of the other COVID-19 related criteria for PUA, is not eligible for PUA because general concerns about exposure to COVID-19 is not one of the reasons listed in (the applicable section of the law).”
Federal agencies have suggested several ways that employers can provide a “suitable” workplace.
Last week, the Centers for Disease Control recommended businesses conduct daily health checks, conduct a hazard assessment of the workplace, encourage employees to wear face masks if appropriate, implement social distancing policies and improve the building ventilation system.
The Occupational Safety and Health Administration, in a 35-page guide to preparing workplaces in this age of COVID-19, says employers should “provide customers and the public with tissues and trash receptacles,” discourage workers from using other workers’ phones, desks, office or other work tools or equipment when possible, and “maintain regular housekeeping practices.”
The CDC also notes that employers should not require employees to show a positive test for the coronavirus, or documentation showing such a test, because health care providers may not be able to provide tests or documentation “in a timely manner.”
As a result, the National Employment Law project is arguing that “the worker should not be required to provide a medical note to substantiate his or her request for an accommodation.”
This story was originally published May 13, 2020 at 2:45 PM.
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