Pandemic sparks unexpected question: What if workers unwilling to return?

Restrictions put in place because of the COVID-19 pandemic are beginning to ease in many parts of the country, and employers are starting to call back the millions of workers who joined the ranks of the unemployed a few months ago. Many workers are champing at the bit to get back to work, but others are hesitant. And that can put already-struggling employers in a bind.

Why not return to work?

Workers have a variety of reasons for not wanting to return to work. Many are fearful of catching the virus since it remains a threat. Others have taken on childcare responsibilities that haven't changed just because their employer has resumed operations. Others are caring for members of their household stricken with COVID-19. Still others are happy to continue collecting unemployment benefits.

A hasty decision to fire someone who doesn't want to return can turn into trouble. First, the employer would need to understand whether the employee qualifies for some type of legally protected leave—perhaps paid leave under the new Families First Coronavirus Response Act (FFCRA) or maybe leave as an accommodation under the Americans with Disabilities Act (ADA) or some other federal, state, or local legislation.