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Is an Employee Who Doesn’t Report to Work Due to Concerns About COVID-19 Eligible for NYS UI?

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I hope this finds you all safe and well.

As with most employee issues, it depends.

Updated: NYS just published the CARES UI / PUA eligibility list, below.

Many of my clients went 100% remote as a result of the Governor’s COVID-19 Executive Orders on March 15, 2020 and March 22, 2020, as I did with my business. Some transformed themselves into curbside takeout and delivery meals, such as takeout corned beef and cabbage on St. Patrick’s Day. Others are completely closed down. The majority of us are sheltering at home, with the exception of what Governor Andrew Cuomo has deemed as essential businesses and their employees. With the passage of the federal CARES Act, there’s financial hope for all of us once we can all safely and gradually return to work as we knew before we all sheltered in place – which optimistically is sometime in May at the very earliest. The best contribution those of us in nonessential businesses can make is to continue to shelter in place, and work 100% from home when (and if) we can.

I’ve been asked this question several times over the last several weeks by my essential business employer clients: what happens when an employee in an essential business doesn’t want to report to work due to their concerns about exposure to COVID-19, even if the employer is providing solid personal protection equipment, sanitizer, strict disinfection of physical plant, minimal contact, physical distancing twice the recommended 6 feet, etc.?

Over the weekend, the NYS Department of Labor weighed in and confirmed the answer I’ve been providing to my clients on their COVID-19 Unemployment Insurance FAQs website (it’s the last FAQ on the page): – choices, compassion and collaboration:

I am an older worker and/or am immuno-compromised. I work near a lot of people and am personally uncomfortable going to work due to concerns about my health. Am I eligible for Unemployment Insurance?

Generally speaking, you are not eligible for unemployment insurance if you voluntarily leave your job. Before leaving work, please consider speaking with your employer for alternatives that may be available such as using sick time or annual leave, requesting a reasonable accommodation such as working remotely, asking your employer for a leave of absence, or seeking temporary disability benefits. If alternative options are not available, you may file a claim for unemployment insurance. You should consider obtaining medical documentation that identifies any work restrictions and submit that with your claim.

On Monday, March 30, 2020 – NYS DOL published the eligibility list for CARES PUA / UI:

 

With the enhanced UI benefits (in New York, the maximum weekly benefit is $504), the extra $600 a week until July 31st is the most generous financial UI benefit – $1,104 weekly – that I’ve seen in my HR career. It’s a real bridge to helping all of us gain our business and workplace bearings once we’ve all worked together to ensure public safety.

Take care, and be well.