Ohio Should Expand Unemployment Protections Amid COVID-19: Letter

COLUMBUS, OH — As offices and construction reopened on May 4, many Ohioans began returning to work. For some, the return to a semblance of normalcy was a welcome reprieve. For others, an impossible choice has arisen — risk your health or lose your paycheck.

It's a choice Ohioans shouldn't be forced to make, the Ohio Poverty Law Center (OPLC) said in a letter to Gov. Mike DeWine. The group, along with Policy Matters Ohio, asked the governor and state leaders to expand unemployment protections to Ohioans who face serious risk by returning to their jobs.

"Under current law, a person receiving unemployment compensation benefits cannot refuse suitable work unless they have a good cause," said Megan O'Dell, an attorney for the OPLC. That good cause is determined by the state after looking at factors like health, morals and safety.

O'Dell said Ohioans who cannot get child care or face serious medical risks in their workplace should still be eligible for unemployment benefits. In the letter to DeWine, OPLC and Policy Matters ask for protections for the following groups:

• Anyone who is 65 or older
• Anyone with diabetes
• Anyone with a heart condition
• Anyone with a liver condition
• Anyone who is immune compromised

"These are people the governor has previously said should be staying home," O'Dell noted. "These are things that have been discussed for weeks."

A spokesperson for DeWine's office told Patch they were "aware of these concerns."

"Returning to work during the pandemic is a delicate balance of gradually re-opening the economy while providing safe working environments," the spokesperson said in an email. The onus for creating safe working conditions appears to start with the employee, who must engage in a dialogue with their employer.

"It is our expectation that in most situations employers and employees will be able to work together to ensure a safe environment for employees to return to work," the spokesperson said. "Individuals who may feel that their workplace presents an unsafe working environment can report those conditions to their local health departments."

According to the governor's office, the process for determining who can receive unemployment benefits existed prior to the COVID-19 pandemic. Employers have access to online reporting should an employee refuse to return to work. Analysis groups then examine each reported case.

The analysis revolves around the following factors, DeWine's spokesperson said:

• Prior training and work experience
• Wages and benefits
• Travel distance
• Shift and hours
• Health and physical fitness
• Health and safety

"Also as part of the process, facts will be sought from both the employer and employee and each party has an opportunity to appeal the decision to the Unemployment Compensation Review Commission," the spokesperson said.

Policy Matters and OPLC want specific exemptions and protections for workers codified though.

"These rules should be in place. Now is the perfect time to put these rules into place. Individuals will be offered their jobs back. Now is the perfect time to create specific good cause exemptions," O'Dell said.

"We need specific, uniform exemptions to provide Ohioans with some clarity," O'Dell argued.

To read the full letter to DeWine's office, visit the Policy Matters website.