As Unemployment Claims Surge, The Ohio Department of Jobs and Family Services Urges Employers to Report Employees Who Refuse to Return to Work

By Tiffany S. Henderson*

Ohio businesses have started to reopen and to recall employees back to work under Governor DeWine’s Responsible RestartOhio Plan, However, some employees have refused to return, including employees who receive unemployment benefits.

On May 3, 2020, The Ohio Department of Jobs and Family Services (“ODJFS”) asked employers to report employees who refuse to return to work. Generally, Ohio law does not provide unemployment benefits for employees who quit without just cause or refuse employment offers. By extension, ODJFS likely will find those employees who refuse to return to work ineligible to receive unemployment benefits.

ODJFS developed an easy to use online form employers can use to report those employees who refuse to return to work. Employers can access that form here. With claims for unemployment benefits skyrocketing recently due to the COVID-19 pandemic, ODJFS will likely take a hard line on employees who refuse to return to work without proper justification.

When completing the online form, ODJFS requires employers to provide information concerning:

• whether the employer’s business is essential and if not what date the business opened;
• whether the employee refused to return to work;
• whether the work was the same as the employee’s pre-COVID-19 work;
• the nature of the work; and,
• whether the employer maintains the health and safety standards required by the Stay Safe Ohio Order.

Due to these requirements, employers should ensure that they are following the guidelines of the Stay Safe Ohio Order before making such reports. Further, employers should consider providing employees with advance notice prior to notifying ODJFS when employees fail to return to work and must consider whether the employee cannot return to work due to his/her medical condition or to care for others.

Z&R has developed form policies, request forms and other guidance documents related to COVID-19 issues. Z&R will continue to monitor the latest information governing employers. Previous Z&R articles addressing employer requirements and considerations during the COVID-19 pandemic can be found here:

• EEOC Allows Employers to Test Employees for COVID-19 before Resuming Work
• Coronavirus Considerations for Employers
• Ohio Provides Some Cover for Employers and Employees in Wake of COVID-19
• Federal COVID-19 response mandates paid leave (for now)
• Application of the Worker Adjustment and Retraining Notification Act (“WARN”) to Closures Caused by the COVID-19 Pandemic
• Ohio BWC: Allows Deferment of Premium Payments and Addresses Compensability of Contracting COVID-19
• Ohio Department of Insurance Provides Coverage Flexibility for Ohio Employees in the Wake of COVID-19
• FLSA Implications for Employers Considering Reductions in Pay
• Ohio Legislature Passes Emergency COVID-19 Response Legislation
• U.S. Department of Labor Issues Families First Coronavirus Response Act Model Notice
• Loans, Unemployment Assistance, and Other Relief Under the CARES Act
• U.S. Secretary of Labor Releases Temporary Rules Implementing The Emergency Family and Medical Leave Expansion Act and The Emergency Paid Sick Leave Act
• CORONAVIRUS TESTING: The Equal Employment Opportunity Commission Says Employers May Test Employees for COVID-19 Before Allowing Them to Work
• SharedWork Ohio: An Alternative Option to Employer Layoffs Made Even More Attractive by the CARES Act

*Tiffany S. Henderson practices in all areas of labor and employment law. If you have questions regarding COVID-19 and your workforce, please contact Tiffany at tsh@zrlaw.com or 216-696-4441.