In most cases, an employee cannot collect unemployment if they refuse an offer to return to work. However, it will ultimately be up to the state to decide on a case-by-case basis.

When an employer recalls an employee to work, the employer must notify its state unemployment agency of the work offer that was made to the individual. This should stop eligibility for unemployment benefits based on work not being available.

An individual may be unavailable for work due to COVID-19 in certain situations. For example, a stay-at-home order could still be in place where the individual lives, making him or her unable to travel to a work location unless his or her work is considered essential. Another example would be if the individual is caring for a child whose school or caregiving place is closed or caring for someone diagnosed with COVID-19. The employee could have some reason to feel unsafe at the workplace due to the pandemic, which might be deemed allowable by the state. If the individual does not accept the recall notice, he or she will have to continue to certify with the unemployment agency as to why he or she cannot work due to COVID-19, or for another qualifying reason in order to continue coverage.

If an employer has any reason to believe an employee might refuse a recall for unlawful reasons, the employer may wish to educate him or her on the consequences of unemployment fraud. These could include not only reimbursing the state for benefits paid but also civil and criminal penalties, including incarceration.

Employees of locations that close due to COVID-19 are eligible for unemployment not EPSL unless the employee meets other conditions that would qualify them for EPSL. Any employees who are actively seeking medical diagnosis or who have been directed to self-quarantine by a HCP (Heath Care Professional) would be eligible for EPSL. EPSL may be limited to the appointment times used to seek diagnosis unless advised to self-quarantine by their HCP.

Employees who choose to voluntarily quarantine are not eligible for EPSL unless they are affirmatively seeking diagnosis or advised by a HCP (Health Care Provider) to self-quarantine. An employee experiencing COVID-19 symptoms may take paid sick leave for time spent making, waiting for, or attending an appointment for a test for COVID-19. But the employee may not take paid sick leave to self-quarantine without seeking a medical diagnosis. Paid sick time taken for the purpose of seeking a diagnosis may be limited to the time the employee is unable to work because of taking steps to obtain the diagnosis.

If the employee who has chosen to self-quarantine is able to telework while awaiting diagnosis, they are not eligible for EPSL, if: (a) His or her employer has work for the employee to perform; (b) the employer permits the employee to perform that work from the location where the employee is waiting; and (c) there are no extenuating circumstances, such as serious COVID-19 symptoms, that may prevent the employee from performing the assigned work.

If the employee who has chosen to self-quarantine is able to telework while awaiting diagnosis, they are not eligible for EPSL, if: (a) His or her employer has work for the employee to perform; (b) the employer permits the employee to perform that work from the location where the employee is waiting; and (c) there are no extenuating circumstances, such as serious COVID-19 symptoms, that may prevent the employee from performing the assigned work.

Updated guidance recommends that after coming into contact with someone who has tested positive for COVID-19, you should either: Self-quarantine at home for five days, then get tested or self-quarantine at home for at least 10 days, if you don't want to get tested and remain symptom-free. For additional information, see your healthcare provider.