Returning to work - Guidance for employers and employees

When can employees return to work?

Arizona’s “Stay Home, Stay Healthy, Stay Connected” order expired on May 15, 2020 and the state has now entered into Phase I of the White House and Centers for Disease Control and Prevention (CDC)’s guidelines for “Opening Up America Again.”

Employees in many industries are now eligible to return to work with enhanced health protections in place. More guidance from the Arizona Department of Health Services (ADHS) is available at AZHealth.gov/coronavirus. People receiving unemployment benefits are encouraged to return to their previous place of employment if this is an option or begin a new job as soon as possible.

What if employees are concerned about COVID-19?

The CDC and ADHS released guidance related to options for employers and employees, including: 

For employers: In line with Arizona’s public health guidance, employers should continue to encourage telework, whenever possible and feasible with business operations. If possible, employers should return their workforce in phases, close common areas where personnel are likely to congregate and interact and enforce physical distancing protocols. Employers should also minimize non-essential travel and adhere to CDC guidelines regarding isolation following travel. Employers should also strongly consider special accommodations for personnel who are members of a vulnerable population.

For employees: Employees should return to work as soon as employers safely resume. Federal and state law requires that employees receiving unemployment benefits accept offers of “suitable work” made in good faith. Refusing to work could result in unemployment benefits being discontinued. Certain exceptions may apply.

Are employees required to return to work?

If an employee refuses to work, employers can notify DES through our website for review.

The Department will consider relevant information related to each case in making a decision. In this review, we will consider: 

• The experience, education and training of an employee to determine if an offer of work is considered “suitable work.” 
• Whether the work can be done while complying with public health guidance from the CDC and Arizona Department of Health Services.

The federal CARES Act allows workers to postpone returning to work and continue receiving unemployment benefits if one of the following conditions applies:

• The individual has been diagnosed with COVID-19 or is experiencing symptoms of COVID-19 and is seeking a medical diagnosis;
• A member of the individual’s household has been diagnosed with COVID-19; The individual is providing care for a family member or a member of the individual’s household who has been diagnosed with COVID-19;
• A child or other person in the household for which the individual has primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID-19 public health emergency and such school or facility care is required for the individual to work;
• The individual is unable to reach the place of employment because of a quarantine imposed as a direct result of the COVID-19 public health emergency; 
• The individual is unable to reach the place of employment because the individual has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
• The individual was scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of the COVID-19 public health emergency;
• The individual is considered at high risk for serious illness due to COVID-19, including:
  
  • Individuals aged 65 years and older,
  • Individuals who live in a nursing home or long-term care facility, and
  • Individuals of all ages who have serious underlying medical conditions like heart disease, diabetes, and lung disease
• A member of the individual’s household is considered at high risk for serious illness due to COVID-19.