Frequently Asked Questions About High-Risk Worker Protections
You can find the state’s answers to Frequently Asked Questions, updated to reflect the changes made in April 2021, by clicking here.
Are health care workers, essential workers, or any other category of workers excluded from these protections?
No. There are no exclusions. Regardless of your job, if your health care provider determines you are a high-risk employee, your employer must offer you accommodations and protections under this proclamation.
What kind of verification do i need to provide to my employer to show that I am a high-risk employee?
Your employer can require medical verification from a health care provider who assesses your medical condition, vaccination status, and the circumstances of your job or workplace to determine whether you are high risk and whether you can return to the workplace with additional accommodations to protect you from exposure. If your employer is not accepting documentation you think is sufficient, contact your Union Rep for support.
Can my employer contact my doctor or health care provider without my permission?
No. Providing your employer with documentation of your status as a high-risk employee does not give a health care provider the right to share further information about your health with your employer, unless you have given them explicit permission to do so. (If you signed a document releasing your medical information, check carefully to see what it allows your provider to share.) Sharing medical information without your consent could be a violation of the Health Insurance Portability and Accountability Act (HIPAA), and if it happens you should contact your Union Rep to determine next steps that protect your privacy and your right to accommodations.
If my employer offers accommodations that I don’t think are good enough to keep me safe, do I have to accept them anyway?
No, you have a say in what accommodations are safe for you. The governor’s proclamation says decisions about this “cannot be left solely to the employer.” Again, if your employer is not offering acceptable accommodations, talk to your Union Rep.
My employer wants me to telework, but I would rather take leave. Can I do that?
You may be able to choose leave instead of telework, but it’s not a guarantee. You should request what you think is safe and fair, and get support from your Union Rep to make it happen if your employer refuses to accommodate you. The state has asked employers to be flexible with employees and respect requests for leave, and gives you a say in what you consider safe. Your employer may be able to argue that telework is appropriate.
can my employer force me to return to work if i am vaccinated, or because i have been working from home or on leave for a certain period of time?
If your medical provider has verified that you are a high-risk employee and should not return to the workplace, your employer cannot require you to return by threatening to terminate your position, and they must continue to provide you with accommodations that protect you against exposure to COVID-19.
What kinds of paid leave can I use if my employer can’t protect me from exposure at work?
You can use any accrued leave you have, including vacation, sick, compensatory time, exchange time, personal holiday, or federal Emergency Paid Sick Leave. You can also use Unemployment Insurance during your time away from work, even though your employer is not allowed to permanently replace you.
How do I use Unemployment Insurance for this purpose?
When you file for unemployment, your employer should provide the state’s Employment Security Department with appropriate documentation to support your unemployment claim. If you need help applying for unemployment, contact your Union Rep or get in touch with our partners at the Unemployment Law Project.
Do I have to use all my accrued leave first before filing for unemployment?
No. Under this proclamation, workers in high-risk categories are allowed to use accrued leave or unemployment insurance in any order and at your discretion. Your employer cannot force you to use up your accrued leave before you file for unemployment.
