Immunocompromised afraid to return to work

Q: My place of work has called everyone back to the office. Since I couldn’t work from home during the shutdown, I’ve been receiving unemployment benefits. I’d love to get back on the job, but I’m afraid that I might be at risk of catching the coronavirus because I’m diabetic and my system is immunocompromised. Until there’s a vaccine, or the number of new cases drops to 1 or 2, I’m afraid to go back. My boss says if I don’t return, I will be fired. What can I do?

A: You may be eligible for a continuation of your unemployment benefits. Under Gov. Whitmer’s Executive Order 76, an individual who is “under self-isolation or self-quarantine in response to elevated risk from COVID-19 due to being immunocompromised” is considered to have “left work involuntarily for medical reasons.” If you meet these criteria, you could continue to receive unemployment benefits for several months if you do not return to work.

But you would be out of a job.

The governor’s executive order not only made people who are immunocompromised eligible for benefits, it also extended eligibility for unemployment benefits to 26 weeks (before the pandemic,

just 20 weeks of benefits were allowed).

The federal CARES Act added another 13 weeks on top of that — for a total of up to 39 weeks for out-ofwork Michigan residents.

The extra $600 per week many people who are currently on unemployment are receiving does not have such a long shelf life.

Under the Federal Pandemic Unemployment Compensation program those additional benefits will stop on July 31.

After that date, benefits will be reduced to the usual maximum of $362 per week.

The number of Americans who are immunocompromised in one way or another is huge — about 3 percent of the population — almost 10 million people.

Being “immunocompromised” means having a weakened immune system.

People can be immunocompromised because they have a certain disease — like cancer, diabetes, or rheumatoid arthritis — or because they are taking certain medications or treatment for a disease (chemotherapy, for instance).

But the list of conditions that might weaken the immune system is long — it includes kidney failure, liver failure, cirrhosis of the liver, lupus, malnutrition, pregnancy,

A Michigan worker who is immunocompromised has limited rights to accommodation under state law.

aging, stress, even tobacco smoking and alcoholism.

The executive order isn’t limited to allowing those who are immunocompromised to claim benefits. Workers are considered to have “left work involuntarily for medical reasons” if they displayed at least one of the principal symptoms of COVID-19 (including fever, cough, shortness of breath, chills, sore throat, loss of sense of taste or smell), have had

contact within the last 14 days with someone who has been diagnosed with the disease, have to take care of someone who has been diagnosed with COVID-19, or have “a family care responsibility as a result of a government directive” — in other words, must stay home with the children because schools or child-care centers are closed.

The governor’s executive order does not state

whether the individual who claims benefits for one of these reasons must produce verification — like a doctor’s note, or an affidavit that child care is unavailable.

Until recently, with routine visits to doctors’ offices barred under the “stay safe, stay home” order, a doctor’s note would have been impossible.

As the number of new unemployment claims decreases, and the state’s focus

shifts to getting people back to work, it will be interesting to see if verification will be required.

Under the federal Family First Corona Response Act, which allows up to 12 weeks of leave, for example, employees are already required to provide documentation of the reason for a leave request.

If you are reluctant to say goodbye to your job, especially at a time when a record number of Americans

are out of work, you might be able to ask your employer for time off (without pay) under the Americans with Disabilities Act. Diabetes is a disability under the ADA, and leave can be a reasonable accommodation.

However, in order for your leave request to be reasonable, you must be able to provide a date on which you will be able to return to work. Courts have held that an ADA accommodation that would require an employer to allow leave for an indefinite period is not reasonable.

Some senators, and President Trump, have argued that the additional $600 in unemployment benefits is an incentive for employees to quit their jobs, either outright or by refusing to return to work when called back.

However, those who quit their jobs without good reason are not eligible for unemployment.

And, a worker who refuses to return to work without good reason would be ineligible for unemployment benefits. Both the CARES Act and Michigan law provide substantial penalties for workers who fraudulently collect benefits.