COVID19 Re-opening Main Points:

Keep in mind—unemployment insurance is a short term play. The federal bump of $600/week will be over at the end of July.

Your former employees have the right to:

  • Decline the offer to return to work.
  • Be kept safe if they come back to work.
  • 2 weeks of additional sick time and 12 weeks of family leave (2 weeks unpaid; 10 weeks paid) for COVID related reasons under the FFCRA benefit

As an employer, you have the right to:

  • Hire someone else if your former employees decline their re-offer or doesn’t respond to multiple attempts to determine their answer.  Make sure you document your attempts (for example sending a letter by certified mail.)
  • Tell the EDD that your former employee is declining your job offer, if you wish.
  • Require the use of PPE and for safety protocols to be followed, and discipline or terminate employees who don’t comply.  In most instances, where employers require the use of PPE, they must provide it to the employees and cover the cost.
  • Offer hazard pay if you’d like, but make sure that it is documented in writing how long it will last.

What to put in your re-hire offer letter:

  • The question “Do you accept this position?” with a check box “Yes” or “No.”
  • Your safety policy for returning to work re:COVID19

Q: What new hire paperwork should I give to my re-hires?

A: All of it! It doesn’t matter how long they were not working. This is a great opportunity to use a checklist and have them sign off on it. Here is a sample checklist, and here is a Zip file containing most of the sample forms you will need. You need to re-verify the I9 form—there’s a place at the bottom.

Other resources:

  • For safety and social distancing information please see our post here.
  • To calculate the maximum amount someone you rehire part-time can earn per week and still receive unemployment benefits, follow the calculation here.
  • Don’t forget to consult our main COVID-19 resource page for manufacturers.