What to do when your employees decline an offer to return to work and continue to collect unemployment?

While the COVID-19 pandemic is still ever-present around the world, more employers are slowly returning to the office or place of business. With restrictions easing, many office spaces will be opening and requesting employees to return with them. However, this has opened the door for many possibilities, such as when an employees decline to return to work and continue to collect unemployment.

Employers are learning that some employees may refuse to return to work for any number of personal reasons. If the employee is able to return (assuming remote work is not an option) and does not request an authorized leave of absence, employers now have a way to report these cases to the Department of Unemployment so that they are not charged for that employee’s unemployment claim (either as part of the calculation of their rate or through a direct payment plan).  This scenario can now be reported to UIReturntowork@detma.org.

Each case should be reported in an email that details the date the offer of work was made, the date the employee would have returned to work, and a description of how the offer was communicated to the employee. 

Each report should also contain the following information about the work offered to the employee:

• The date the work would start.
• Whether the work was full-time or part-time.
• The rate of pay.
• The type of work performed.
• The reason for the employee’s refusal (if given).
• Whether or not the employee is being recalled to the same type of work performed before the pandemic. If not, a description of the former working conditions.
• The method the job offer was communicated to the employee.

If you have any questions about reporting employees decline to return to work and continue to collect unemployment, claiming unemployment insurance, or the impact it will have on your team, email us at info@insourceservices.com or call us on (781) 235-1490.

HR staff keeping abreast of the changes to COVID-19 related regulations and assistance programs may be interested in learning about the latest extensions to COBRA election and payment deadlines. You can learn more from Insource Insights here.