Unemployment eligibility unclear for employees afraid to return work because of coronavirus

SAN ANTONIO – Businesses are beginning to reopen all throughout the state, but many people may not want to return to work while COVID-19 is still prevalent throughout San Antonio.

For some, it’s fear of contracting or spreading COVID-19, while others may need to stay home with the kids.

David García owns Statue of Design, and No. 9 Floral and Gifts. Services include wedding event planning and hotel floral design. He’s able to stay afloat and pay his workers with the help of a Paycheck Protection Program, or PPP loan.

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“So my concern is that once the PPP runs out and there's no funds to pay anybody,” Garcia said.

Even though he’ll be able to reopen and allow a limited number of customers into his store, he says he’s not ready to because the concern of COVID-19 spreading.

“We have, you know, thousands of products here in our store that anyone that comes in picks up and looks and decides they don't want it and put it back on the shelves,” Garcia said.

He adds says many people are canceling or postponing events which means a loss in revenue for him, and possibly his employees.

“Am I basically telling everyone to go back on unemployment?” Garcia asked.

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The bigger question is will his employees still be eligible?

The Texas Workforce Commission says workers experiencing reduced hours due to COVID-19 may be eligible for some benefits as long as they submit their wages.

Right now, the TWC is working on eligibility guidelines for people who technically can go back to work, but aren’t able to for various reasons including child care, COVID-19 sickness, care-taking needs, and possibly fear or concern of contracting the virus.

Garcia looking forward to the day his business is able to pick back up again, safely.

“So we're just hopeful we're going to keep our fingers crossed for the next eight weeks. And then at that point, hopefully something will turnaround or change for the better,” Garcia said.

See TWC’s exact responses to our questions below:

What is the benefit eligibility for someone who will not go back to work because of fear, even If their job has reopened?

Under longstanding TWC policy, if an employer offered an individual a job and they refused the job offer without good cause the employee would not be eligible for unemployment insurance benefits. Recognizing this, extraordinary situation, TWC is reevaluating good cause situations that take into consideration reopening the economy.

What about employers who refuse to reopen even though they can? Are they and their employees still eligible for benefits?

Recognizing this, extraordinary situation, TWC is reevaluating good cause situations that take into consideration reopening the economy.

Also, what about establishments that open up in limited capacity? Are the employees and employer still eligible for partial benefits?

Persons returning to work with reduced hours may still qualify for unemployment insurance. This will vary on a case by case basis. When requesting payment, claimant is required to report wages earned. Depending on amount of wages earned, claimant may or may not continue to qualify for unemployment insurance.