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  1. #1
    Join Date
    Jun 2020
    Posts
    3

    Default Can I Continue Certifying for UI

    My question involves labor and employment law for the state of: California

    I was furloughed back in April and began collecting unemployment. My employer called me early last week to return to work, I was asked my availability and I told them. I agreed to come back and was scheduled a shift later during that same week. I am not a full-time worker.

    The very next day, I learned I was exposed to the coronavirus from a close friend who tested positive. My friend called me and let me know, he of course took the test a week prior, just received the results on the day after my employer's phone call. I was in close contact with this friend a couple days before his test. He has all documentation showing his result.

    I called my employer and let them know of my problem, and I asked if they would like me to report to work or not for my first shift back. I was told to probably quarantine for 2 weeks, and my shift was rescheduled to 2 weeks later.

    Can I still certify for benefits? There's a question on the claim form that asks if I refused work, does my situation count as refusal or is it good cause and just a delay in returning? I haven't certified for the benefits just yet because I don't want to have any problems come up, but I don't know if I'm leaving money on the table or not.

    What should I do?

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Can I Continue Certifying for UI

    Your employer told you to stay home for 2 more weeks because of COVID-19. That is not refusing work. Continue to certify for benefits for the weeks that you did not work.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can I Continue Certifying for UI

    Keep certifying.

    You haven't refused work. You were furloughed for two more weeks due to the virus potential.

  4. #4
    Join Date
    Jun 2020
    Posts
    3

    Default Re: Can I Continue Certifying for UI

    Quote Quoting budwad
    View Post
    Your employer told you to stay home for 2 more weeks because of COVID-19. That is not refusing work. Continue to certify for benefits for the weeks that you did not work.
    Quote Quoting adjusterjack
    View Post
    Keep certifying.

    You haven't refused work. You were furloughed for two more weeks due to the virus potential.
    Thanks. Do I change any response on my claim forms or continue answering them like I've been doing during my furlough?

    Because for question #2 on the claim form it says:

    Was there any reason (other than sickness or injury) that you could not have accepted full-time work each workday?

    I've been answering this as NO during my furlough but does this change to YES now?

  5. #5
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Can I Continue Certifying for UI

    Quote Quoting Toms
    View Post
    Thanks. Do I change any response on my claim forms or continue answering them like I've been doing during my furlough?

    Because for question #2 on the claim form it says:

    Was there any reason (other than sickness or injury) that you could not have accepted full-time work each workday?

    I've been answering this as NO during my furlough but does this change to YES now?

    You now answer it YES.

  6. #6
    Join Date
    Jun 2020
    Posts
    3

    Default Re: Can I Continue Certifying for UI

    Quote Quoting PayrolGuy
    View Post
    You now answer it YES.
    Are you sure?

    I accepted the work asked of me but they rescheduled me after i asked them if I should report to work or not. Technically I never rejected accepting any work.

    Would you think this is good cause to put 'no'

  7. #7
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Can I Continue Certifying for UI

    If you have been answering that question with a no you should continue to do so for the next 2 weeks or until you go back to work.

  8. #8
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Can I Continue Certifying for UI

    Quote Quoting Toms
    View Post
    Would you think this is good cause to put 'no'
    It's not about "good cause" or not. It's about how you physically feel.

    Take the case of Typhoid Mary. She was an asymptomatic carrier. She would mark "no" for no other reason than the disease did not make her so sick that she couldn't work. It didn't make her sick at all, BUT it make everyone else she worked with sick, and some died. Therefore, no one wanted her around.

    There's a huge difference. In your case, your employer made the decision, not you.

    When you're so sick with the COVID if that even happens to you and you can't get out of bed and work your assigned schedule, then you can mark "yes." If you're feeling just fine, then you mark, "no."

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