My employer says we must return to work, saying we are essential. Our HR rep says if we refuse to go back we will be denied unemployment benefits. Is this true?
Ann Kiernan replies:
It depends. Even under the special pandemic unemployment rules, employees who refuse available work or fail to return to work upon being recalled lose eligibility for benefits. In fact, some states, including Ohio, the unemployment office has specifically asked employers to report workers who refuse to return to work, so their benefits can be terminated.
However, just because you may have been designated as “critical infrastructure worker” or “essential critical worker” by the CDC does not eliminate coverage under the Americans with Disabilities Act or any other equal employment opportunity law. If you have a disability that puts you at greater risk from COVID-19, you can ask your employer to make reasonable accommodations that can be provided, absent undue hardship, to reduce your possible exposure. The EEOC suggests low-cost solutions such as designating one-way aisles; using plexiglass, tables, or other barriers to ensure minimum distances between customers and coworkers; temporary job restructurings; temporary transfers to a different position; and/ or modified work schedules. For more ideas, check out the COVID-19 resources of the Job Accommodation Network.
Good luck.
Posted 05-26-2020
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.