In a recent Dallas Business Journal article, Rogge Dunn answers common questions about COVID-19 employment rights. He also examines possible situations employers and employees may face as businesses open back up in the state of Texas. Below, read the questions posed in the article, along with shortened versions of Dunn’s answers. To view Dunn’s full insight into these questions regarding COVID-19 employment rights, visit the Dallas Business Journal website here.
COVID-19 Employment Rights Q&A
Question: What happens if individuals on unemployment benefits do not search actively, refuse a job, or decide not to go back to work if the employer’s business reopens?
Dunn: Generally, an employee becomes automatically ineligible for unemployment benefits if they are offered a job and turn it down without good cause.
Question: What rights does an employee have if they feel a business is not providing the proper protective equipment or they feel working conditions are unsafe?
Dunn: The safest approach would mean employees band together as a large group and ask the employer to fix the safety concerns.
Question: What if I have an employee who has an underlying health condition and the business reopens? Does the employee have to go back if they do not feel safe?
Dunn: More than likely, an employee who does not fall into a category covered by the CARES Act for family or medical leave or fall into one of the TWC categories for unemployment benefits will likely have to return to work. An employee with serious concerns should reach out to his or her employer to determine alternative options.
Question: What options does an employee have if childcare is not available and they are called back to work?
Dunn: An employee may still be eligible for FMLA (Family Medical Leave Act) leave through December 2020 that is related to childcare needs created by the COVID-19 pandemic.
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To view more of Dunn’s COVID-19 related media appearances, click here.