Can I refuse to go back to work because of coronavirus concerns?

OMAHA, Neb. (FOX 42 KPTM) — Hair stylists, tattoo artists, massage therapists and other people in the beauty and service industry could be going back to work this week. Starting on Monday, May 4, peoplein select industriescan reopen their business to the public.

Nebraska Labor Commissioner John Albin said people who have been temporarily laid off because of the coronavirus will need to return to work if they get a call back from their boss. Albin said people who are healthy, but do not return to jobs their former employer offers, may become ineligible for unemployment benefits,

“If you are healthy and it’s just ‘I’m worried about going back, because I think I might get exposed to someone’ then that’s not a good cause for refusing an offer of returning to work,”Albin said.

Employment Attorney Matthew Dunning said people who are offered their job back after being furloughed, but choose not to return to work could be risking their employment, insurance and unemployment benefits.

“Under Nebraska law in order to qualify for unemployment compensation, you need to certify that you don’t have work available to you. That you don’t have income during a particular week that could offset the benefits that you would otherwise receive,” Dunning said.

Dunning said there are a few exceptions for people who do not return to the workforce. If a furloughed employee has the virus, or someone in their home has the virus they could continue to qualify unemployment benefits. If a person has a compromised immune system, putting them at a higher risk for getting the virus, they could continue to qualify for unemployment benefits. If a person is the primary caregiver for a child who cannot attend school or a daycare due to the virus, that person may be eligible for unemployment benefits.

However if the exemptions do not apply and the employee is considered healthy enough to go back to work, but refuses they may lose their benefits.

“If you are not forthcoming with what’s going on and then the state finds out, then you would be subject to repaying the benefits and potentially penalties or civil fines,” Dunning said.

Not all businesses will choose to reopen, and if a business remains closed during the pandemic, employees will still be eligible for unemployment benefits. Employees who return to work with a reduced number of hours can still receive partial benefits from the state.

“It’s not just a light switch where it’s either on or off, we try to weigh everything,” Ablin said. “If someone is normally a five day a week employee and they are only called in for one day, they are not going to be disqualified from unemployment. We will adjust the amount that they get that week.”

Governor Pete Ricketts said the state is providing additional support to give people partial unemployment benefits as they go back to work.

“The short term compensation program, the STC program, is something businesses can apply for which allow you to be able to keep your people on part time and then part time they receive unemployment benefits,” Ricketts said.

In order for employees to receive benefits from the NebraskaShort Term Compensation program, employers must apply with the state.

Ablin said anyone who currently qualifies for unemployment benefits can also recieve an additional $600 from the federal CARES Act through July 25.