I’ve been called back to work in Florida. Do I have to go? Here are some answers
Many restaurants are open again in South Florida. So are malls and other retailers. Soon, gyms and your office will reopen.
You have the choice to return to them, even if many Americans remain skeptical about venturing away from takeout and online shopping, according to a recent survey by Bankrate. Two of three people said they are still not comfortable patronizing in person even with safety measures in place.
But if you’re an employee at one of these establishments, do you have to return to work if your boss calls you in? What if you were furloughed or laid off and managed to collect unemployment — not an easy thing to do in Florida, mind you — and you get the call to come back?
In most states, in general, yes you need to return to your place of employment if you want to keep your job. Here’s what you need to know about work and Florida during a COVID-19 pandemic.
What options do I have if I feel I’m not ready to go back to work in Florida?
▪ Only your physician can place you, or keep you, in a no-work status.
▪ If you are cleared by your doctor to return to work — you don’t have the novel coronavirus or any other infectious disease, for instance — you are required by law to make a “good-faith effort” to return to work, according to state law.
▪ Under Florida law, if you fail or refuse to return to work, you forfeit your eligibility for lost wage benefit payments under Statute 440.15.
Who makes sure my workplace is safe?
▪ The Occupational Safety and Health Administration and its Occupational Safety and Health Act requirements offer guidance on preventing occupational exposure to COVID-19. This includes OSHA’s personal protective equipment standards that require workplace modifications. Some of these may be to provide or require eye and face protection (like masks), the use of gloves and respiratory protection in some situations.
▪ The General Duty Clause “requires employers to furnish employment and a place of employment which are free from recognized hazards that are causing or likely to cause the death or serious harm to . . . employees. Employers could face fines under the OSHA Act if they do not take affirmative steps to protect their workers.”
Do I have to return to work if I’m getting unemployment? What if I’m getting more in unemployment than I do in my regular paycheck?
First, good for you for getting unemployment. How’d you manage that in Florida?
Florida’s unemployment rate climbed to 12.9% — or 1.2 million Floridians in April — the state reported Friday. The data are lagging indicators, meaning they are not fully up-to-date.
Through May 20, Florida’s web-based platform shows nearly nearly 2.1 million unemployment claims filed since March 15. Of those, 1.5 million have been verified as individuals — equating to 17% of the state’s workforce.
In mid-May, the dashboard showed that 88.2% of claims filed had been processed, with a backlog of about 200,000 claims and counting.
Florida has now paid out more than $2 billion in unemployment benefits — including channeling an extra $600 per person in federal CARES Act dollars on top of the state’s $275 payout — but that figure trails even smaller states like Michigan, which has paid out $5.6 billion.
▪ But, yes, if you’re lucky enough to be called back to work and you decline because you’d rather stay on unemployment that basically means you quit your job. And if you quit your job, you’re not eligible for unemployment benefits. And the nationwide CARES Act is still set to expire in July.
Can I still work from home remotely even if my workplace reopens?
▪ If your company lets you, sure. You’ve been pretty productive so far right? And for some companies it has proven to be a cost advantage to let their staffers work remotely. Tech giants like Facebook and Twitter told most of their employees they could keep working from home permanently.
A report from the think tank Brookings Institution said that up to half of U.S. workers are now working from home because of the COVID-19 pandemic. The move is expected to continue to make it allowable in many industries.
▪ But this novel coronavirus is also uncharted territory and if your boss says you need to come back because your work there is considered essential — a waiter or pharmacist can’t serve customers from home, after all — you will have to if you want to keep your job.
Unless you can fall into one of the aforementioned categories such as needing to take sick time, or are eligible for family leave. And your workplace will also have to follow Centers for Disease Control and Prevention standards for safety during the COVID-19 pandemic.
Does my company have to tell me if someone in my workplace tested positive for COVID-19?
Yes, and they should and they should take appropriate sanitization actions. But due to the Health Insurance Portability and Accountability Act (HIPAA) they can’t tell you who that person is without that individual’s consent.
Can my company take my temperature before letting me into my workplace because of the novel coronavirus?
▪ Yes. On March 18, the Equal Employment Opportunity Commission issued guidance confirming it is legally permissible to take employees’ temperature. Your boss can ask if you are experiencing COVID-19 symptoms under the Americans With Disabilities Act and the Rehabilitation Act, according to Chicago-based law group McDermott, Will & Emery, which has a Miami office.
My employer got a Paycheck Protection Program loan and wants me back — but to do work that isn’t my norm. Do I have to do that work?
▪ In general, your employer can require you to do work that is outside your normal tasks and can fire you for refusing to do the work — and that would jeopardize unemployment claims, the Washington Post reported. Unionized employees could have some protections, however.
If you feel the work you’re being asked to do could make you sick or exposes you to health risks you could seek some guidance from Americans With Disabilities or file a grievance with OSHA, the Post reported.
What if I don’t have child care, or am taking care of an at-risk or ill, family member?
▪ The Family and Medical Leave Act of 1993, a federal statute that allows employees to take up to 12 weeks of unpaid leave for personal or family related medical issue, applies. Once you apply through your firm’s human resources department or worker’s insurance, during this 12-week period you can’t be fired. This act applies in Florida.
▪ Under the Families First Coronavirus Response Act, which was signed into law in March, certain employers have to provide employees with paid sick leave or expanded family and medical leave if they can’t work because they have symptoms of COVID-19, are quarantined or have to care for a child when schools and day-care centers are closed because of the novel coronavirus. The Act is effective through Dec. 31.
▪ Generally, the Act provides that employees of covered employers are eligible for two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined and/or experiencing COVID-19 symptoms and seeking a medical diagnosis.
▪ Or you can get two weeks of paid sick leave at two-thirds your regular pay rate because you can’t work because of a real need to care of someone subject to quarantine (such as a senior parent) or if your child’s school or child-care provider is closed or unavailable for reasons related to COVID-19.
▪ Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds your regular rate of pay — if you have been employed for at least 30 calendar days — and you can’t work due to a “bona fide need” for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.
“Small businesses with fewer than 50 employees may qualify for exemption from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern,” according to the U.S. Department of Labor.
Miami Herald business writer Rob Wile contributed to this report.
This story was originally published May 22, 2020 at 1:36 PM.
