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What are your rights if going back to work poses a risk to you or your family?

Families are debating the drawbacks of being unemployed but also the disadvantages of risking their health during a pandemic.

As many Minnesota businesses beginning getting back to work, many recalled employees are asking what options they have if they have childcare concerns or health issues that might put them at risk for COVID.

"I miss my job a lot," said Jessica Williams who works for a dog grooming business that went back to work on Monday.

For now, though, Williams isn't rushing back. She is home caring for her son, Matthew, who was born in December, at just 28 weeks.

"He was in the NICU for 82 days," Williams said. "He has chronic lung disease, was on oxygen, had to have help breathing when he was born, so it's extremely scary for us right now."

Williams says her husband, Adam, has kept working, but she's not sure what would happen if her employer told her she needed to return in the next week or two.

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"Before this all happened (doctors) said to keep him out of daycare for as long as you can," she said. "Then this happens, so it's hard. We're keeping family away, we're keeping everyone away right now and it's like how do I even imagine going back to work with this."

It's also hard to imagine the alternative.

"We get her health insurance through her employer," said Adam Williams. "So if she were to get terminated that would present us with another new challenge."

State leaders say they understand the concern.

"We know it's on a lot of people's minds," said Steve Grove, Commissioner of the Minnesota Department of Employment and Economic Development. "This is uncharted territory, unemployment insurance law does not anticipate a pandemic."

Though healthy individuals are expected to return to work, or risk losing their benefits, Governor Walz' Executive Order 20-05 did extend some new protections in March. The order states that Minnesotans can collect unemployment if they have unmet childcare needs, if they are required to be in quarantine or care for someone in quarantine, or if they have an underlying medical condition or are in an at-risk group. In most cases documentation is required from a doctor.

"That remains the guidance, it remains the law and how it will be applied as we open things back up," Grove said. "There is going to be cases, we know it will exist where workers and businesses will disagree about a worker's eligibility to come back in."

In those cases, the state will work to resolve differences between employees and employers. It has a list of resources and frequently asked questions available here.  

"We hope, as the Governor said, in a vast majority of these cases, businesses and workers will come to the right and generous place to make sure that those that are at risk don't have to come back," Grove said.

For now, Jessica says she is happy her employer is working with her on a solution.

"Even though it's a tough decision that I can't go back, it's the right one though for right now," she said. "I just hope the state continues to help us with it and give us the information that we need."

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