Colorado Unemployment releases website to report an employee’s refusal to return to work

In Colorado, Governor Polis’ safer-at-home order remains in effect but permits certain employers to begin reopening subject to certain conditions at various times.

What if an employer decides to reopen in accordance with that order, but an employee feels they would be “safer at home,” may that employee decline an offer to return to work and continue to receive unemployment (traditional and/or pandemic) benefits? 

The Colorado Department of Labor and Employment has issued a FAQ explaining that it will depend on the circumstances. As a general rule, the answer is, no, that worker may not choose to decline the offer, without losing unemployment; in other words, that worker would, be declining the offer to return to work, become ineligible for further unemployment benefits. That general rule allows one exception for workers who can establish they are “vulnerable” and further that the company’s workplace lacks sufficient precautions to permit safe distancing, etc.

What if my employer is requiring me to return to work but I don’t feel safe?
● Per Safer at Home Executive Order D 2020 044, no vulnerable individuals can be compelled by their employer to return to work if their work requires in person work near others.
● Employers must accommodate vulnerable individuals with remote work options, if the work can be done remotely.
● If you refuse to return to work due to unsatisfactory or hazardous working conditions based on your status as a member of a vulnerable group, you may continue to be eligible for benefits based on the risk to your health.
● If you refuse to return to work due to unsatisfactory or hazardous working conditions because you reside with a person who is a member of a vulnerable group, you may continue to be eligible for benefits based on the risk to the health of your co-inhabitant.
● If an employer requires work from an employee entitled to paid leave (due to illness or a quarantine/isolation order) under the Colorado HELP Rules, that would be unlawful under those rules, and should be reported to the contact information at the bottom of these FAQs.
● Any other possible violations of social distancing, or other health and safety orders, should be reported to the federal Occupational Safety and Health Administration or County health officials. https://www.osha.gov/contactus/bystate/CO/areaoffice

How will an employer notify the Colorado Department of Labor and Employment that a return offer has been declined?

Apparently anticipating the possibility that many people will want to decline offers to return to work, the CDLE has opened a special portal to permit companies to report that an offer to return was extended and declined.

Employees and companies alike should review the CDLE’s information. Individuals should realize that Governor Polis’ stay-at-home order does not give everyone the option to decline a return to work. As a general rule, an individual who declines an offer to return to work will lose unemployment. Companies can use the CDLE’s portal to report that the return offer was declined. Both individuals and companies should realize there may be exceptions for individuals who can show they are “vulnerable” and that the company’s safety precautions (social distancing, face-covering, etc.) are inadequate.