Feb 17, 2021, 6:57 PM
(From SHRM) In an executive order, President Biden asked the U.S. Department of Labor (DOL) to clarify that workers who refuse unsafe working conditions are eligible for unemployment. The executive order does not explicitly call for unemployment insurance payments for employees that refuse work but would make it easier for people to still qualify for jobless benefits if they quit or refuse a position that puts them at undue risk of infection, according a White House fact sheet for the order.
Experts caution that the executive order’s influence could depend on how the Biden administration defines “unsafe workplaces,” as well as the complicated dynamics between federal and state unemployment law and administration. Unemployment insurance is primarily a state function, and each state can set its own rules and procedures. If the DOL issues guidance, employers will need to ensure they are following all direction on creating safe workplaces so that they can contest unemployment applications if necessary, according to Erin McAdams Franzblau, an attorney with Freeborn & Peters in Chicago.
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