Can You Refuse An Offer to Return to Work When You Are High Risk and Not Lose Your Unemployment?
/Ohio Unemployment will generally disqualify an individual from benefits if they refuse an offer to return to work. Many people have concerns about returning to work during COVID-19, but they do not want to lose their unemployment benefits. Governor Dewine provided some relief for such high risk individuals.
On June 16, 2020, Governor Dewine signed Executive Order 2020-24D, which makes it easier for people to turn down offers to return to work due to being at high risk, and yet still collect unemployment. Here is the pertinent text of that order:
When an employee is called back to work in the same position as prior to the Director of Health's special orders, there is a presumption that the position is considered "suitable work" under the Ohio Unemployment Insurance program. Individuals who refuse to return to work without good cause in order to obtain additional unemployment benefits may have their eligibility negatively impacted. During the period of the COVID-19 state of emergency, the following constitutes "good cause" for refusing suitable work:
A medical professional' s recommendation that an individual not return to work because he/she falls into a category that is considered "high risk" for contracting COVID-19 by the Centers for Disease Control and Prevention and the employer cannot offer teleworking options; or
1. The employee is sixty-five years of age or older; or
2. Tangible evidence of a health and safety violation by the employer that does not allow the employee to practice social distancing, hygiene, and wearing protective equipment; or
3. Potential exposure· to COVID-19 and subject to a prescribed quarantine period by a medical or health professional; or
4. Staying home to care for a family member who is suffering from COVID-19 or subject to a prescribed quarantine period by a medical or health professional.
CDC information about high risk categories can be found here.
It is also possible that someone may have been laid off due to COVID-19 and qualified for benefits, but during there are other qualifying reasons for not being able to return to work. For example, the CARES act provided expanded eligibility related to COVID-19, including the following reasons:
Those unable to reach their place of employment because of quarantine
Those unable to reach their place of employment because they have been advised by a health care provider to self-quarantine
Those whose place of employment is closed because of COVID-19
Those who were scheduled to start work but who no longer have a job because of COVID-19
Those who have been diagnosed with COVID-19 or are experiencing symptoms and are seeking medical diagnosis
Those with a household member who has been diagnosed with COVID-19
Those providing care to a family or household member with COVID-19
Those with primary caregiving responsibilities for children or others who are unable to attend school or another facility due to COVID-19
Those who have quit their job as a direct result of COVID-19
Those who have become the breadwinner or major support for a household because the head of the household has died as a direct result of COVID-19
For example, while they are laid off, they might also have a child whose daycare is closed due to COVID-19, or maybe they are providing care to a family member with COVID-19. They might explain to their employer that they cannot return to work due to these other reasons.
However, because these are reasons to qualify for Pandemic Unemployment Assistance (PUA) / Pandemic Emergency Unemployment Compensation (PEUC), that person might find themselves disqualified through the regular unemployment system and have to apply through Ohio’s separate PUA system. Because Ohio’s separate PUA system is a mess, that person may need to file a new a separate application through Ohio’s PUA system if they get denied through the regular system. They can plan on the PUA system kicking out their application, without notice of appeal rights, because they have an open claim under the regular system. To correct this, calls may need to be made to the PUA helpline, their local representatives and the Governor’s office.
