Next Steps - Recalling Employees Back to Work

In our last update, resources were provided to assist in reestablishing and preparing your physical premises to reopen as a safe working environment under COVID-19.  The next step in preparing to resume operations may present a more challenging dilemma, preparing your employees to return to work.

HR and Coping

The Families First Coronavirus Response Act (FFCRA) mandates that employers with under 500 employees provide paid sick leave, and expands the Family Medical Leave Act.  The rules are specific and will be enforced.

A grey area that may be difficult to manage is when someone is afraid to come to work. This is a perfectly normal reaction to a scary and constantly changing situation under COVID-19.  To help ease fear and panic, some good examples of healthy strategies to promote are:

• Focus on what we can control in this situation such as social distancing and personal hygiene
• Proceed with facts, not emotions – Review CDC and OSHA guidelines and information

Also helpful in answering the question “I think I have been exposed to COVID-19, what should I do?”, the Michigan Department of Health and Human Services has published a patient view testing algorithm accessible below:

I Think I Have Been Exposed to COVID-19, What Should I Do?

Executive Order 2020-36

Executive Order 2020-36 helps ease employee fear of losing their job due to COVID-19.  Specific protections are afforded to workers who stay at home when they or a close contact tests positive for or display any of the principal symptoms of COVID-19.  Time periods for staying at home are outlined in a summary published by Clark Hill PLC in the link below.  Under the order, employers cannot discharge, discipline, or otherwise retaliate against an employee who falls into categories defined by the order if that employee stays home from work during the required time period.

However, an employer can still discipline or discharge an employee who:

1. Is allowed to return to work after the required time but declines to do so;
2. Consents to discharge or discipline; or
3. Is otherwise discharged

Michigan Executive Order 2020-36 Summary/Clark Hill

Unemployment Benefits

Employees may contemplate not returning to work in order to continue receiving unemployment benefits.  The U.S. Department of Labor has published Q&A’s regarding Unemployment Insurance Relief During COVID-19 Outbreak on their website. The following specifically addresses employees returning to work vs. remaining on unemployment.
I was furloughed by my employer, but they have now reopened and asked me to return to my job.  Can I remain on unemployment?

No.

• As a general matter, individuals receiving regular unemployment compensation must act upon any referral to suitable employment and must accept any offer of suitable employment. Barring unusual circumstances, a request that a furloughed employee return to his or her job very likely constitutes an offer of suitable employment that the employee must accept.
• As soon as the business reopens and the employee is recalled for work, eligibility for the Pandemic Unemployment Assistance (PUA) benefit of $600/week would also cease unless the individual could identify some other qualifying circumstance outlined in the CARES Act.

One of my workers quit because he said he would prefer to receive the unemployment compensation benefits under the CARES Act. Is he eligible for unemployment? If not, what can I do?

No.

• Typically that employee would not be eligible for regular unemployment compensation or the additional $600.
• Eligibility for regular unemployment compensation generally does not include those who voluntarily leave employment.
• To receive the additional $600, an individual must be:
  • unemployed, partially employed, or unable/unavailable to work due to certain circumstances that are a direct result of COVID-19 or the COVID-19 public health emergency;
  • collecting regular unemployment compensation or extended benefits under state or federal law, or pandemic emergency unemployment compensation;
  • and satisfy one of the eligibility criteria enumerated in the CARES Act.
• There are multiple qualifying circumstances related to COVID-19 that can make an individual eligible for the additional $600, including if the individual quits his or her job as a direct result of COVID-19. Quitting to access unemployment benefits is not one of them.

Individuals who quit their jobs to access higher benefits and are untruthful in their UI application about their reason for quitting, will be considered to have committed fraud.

Employers can contest UIA claims through their state unemployment insurance agency’s process.

Stay safe, be well, and let us know how else we can support you.