The choice between unemployment and employment may not seem like a choice at all, yet many employees have recently found themselves in the position of weighing the pros and cons.
As more businesses re-open and prepare for the next normal, furloughed and laid-off employees are preparing for the possibility of losing the additional federal financial assistance. As a result of COVID-19, the U.S. Congress significantly improved benefits and eligibility for unemployment. New laws, like the CARES Act, have resulted in an increased ($600/week) federal supplement for an extended period (up to four months) that has left many employees receiving benefits comparable to and, in some cases, greater than their usual wages.
With many employees eligible to receive these additional benefits through July 31, 2020, and the risk of COVID-19 remaining prevalent, employers must face the possibility that their employees may be less than enthusiastic to return to work. In fact, some might refuse.
However, the Department of Labor has provided guidance on how these refusals should be handled. To be eligible to receive these supplemental benefits, workers must be unable to work as a direct result of COVID-19 related reasons (i.e. the worker or a member of their household has been diagnosed with COVID-19).
On the other hand, even if an employee’s stated reason for refusing might disqualify them from federal unemployment benefits, employers should keep in mind that employees may still have compelling reasons to refuse to return to work. And there are protections in place, like the Occupational Safety and Health (OSH) Act, to defend employees in situations of “imminent danger.” It is not clear yet whether COVID-19 has risen to the level of “imminent danger,” as protected by the OSH Act. Secretary of Labor, Eugene Scalia, has noted that, “Coronavirus is a hazard in the workplace. But it is not unique to the workplace or caused by work tasks themselves.”
So, what can employers do to sway their employees’ decision in favor of returning to work?
Consider employee safety conditions and remain mindful of evolving federal/state guidance on protective measures
Identify a return-to-work team responsible for developing, communicating implementing and regularly re-evaluating the return-to-work plan
Understand what, if any, screening measures are necessary to lessen risk of symptomatic or contagious employees reporting to the office
Implement new practices to maintain social distancing
Limit individuals allowed in the elevators
Space out workstations
Limit access to shared spaces like break rooms, kitchens and restrooms
Limit visitor access
Provide personal protective equipment
As employees continue to weigh the cost – both financially and health-wise – of returning to work, it pays to consider how their decision and transition can be made easier for them. After all, the cost of losing employees in the current sate isn’t something many businesses can afford.
