Back to Work Interim Toolkit
Ver 1.3
August 6 , 2020
6 . If an individual has their salary reduced but not their work schedule , are they eligible to receive unemployment insurance benefits ?
Likely , no . Individuals who receive a reduced salary but continue to work the same weekly schedule are not likely to be considered partially or fully unemployed and as such will be not eligible to receive these expanded unemployment insurance benefits . Ultimately , each state ’ s eligibility criteria will continue to control .
BRINGING EMPLOYEES BACK TO WORK
[ Note : The following information was compiled from guidance provided by Jackson-Lewis . However , it should not be construed as legal advice nor be considered a substitute for consulting an attorney with any specific legal question .]
1 . Now that dental practices are no longer limited to treating only emergency / urgent cases , what do I do if my employees are reluctant to return to work ?
Dentist employers do have the option of informing any employee that is reluctant to return to work that the employer will be notifying the Office of Unemployment Compensation ( part of the PA Department of Labor & Industry ) that the employee ’ s job is available , and that this could result in the unemployment benefits of that employee being terminated . Dentists who opt for this approach should bear in mind that whether or not an employee who refused to return to work in this situation would actually lose benefits depends on several factors .
One of the most significant of these factors is the way the state determines eligibility for benefits . Though the unemployment benefits for which the CARES Act provides are subject to eligibility requirements stated in the Act and US Department of Labor ( DOL ) guidance , the determination of eligibility for a given individual is ultimately made by the Commonwealth . It is conceivable that the Commonwealth may take an expansive view of the Act ’ s intent to provide benefits for a wide range of adverse impacts on employment attributable to COVID-19 .
While PDA has no way to discern what eligibility determination the Pennsylvania Office of Unemployment Compensation will make in a given instance , dentists may wish to consult the office ’ s web site here : https :// www . uc . pa . gov / Pages / default . aspx
Though the eligibility determination in any given instance may not be 100 % predictable in advance , the CARES Act does include provisions for what makes an individual eligible for the unemployment benefits for which the Act provides . Among other eligibility criteria , an individual is eligible under the Act if his / her reason for not working is :
The individual has been diagnosed with COVID-19 or is experiencing symptoms of COVID-19 and 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 care giving 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 ;
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