I Need To Go Back To Work – What About These Kids?
On May 22, Florida Governor Ron Desantis announced that Florida will be allowing all youth activities, including athletics, child- care centers
and camps to reopen. The state will not preempt these rules and will rely heavily upon parents, coaches and physicians to safely monitor
these activities. The Florida Department of Health has reported a total of 49, 451 total cases of COVID-19 and 2,190 deaths since the disease
was first detected in early March. The Governor cited research stating that children have a decreased risk of contracting and acting as a
vector for Covid-19. Desantis also noted that no one under the age of 25 has died of COVID-19 in Florida, although he acknowledged that
some children who have become infected, became critically ill. The Governor explained that the opening of youth activities would enable
parents to make the best decisions for their individual families. Desantis noted that because the Center for Disease Control has not issued
any recommendations specifically for summer camps, camps must independently decide on what measures to adopt in order to create a safe
environment. Most camps are expected to require frequent hand-washing, frequent cleaning of camp equipment, prohibition of shared sports
equipment, social distancing and the wearing of masks (where practicable for children over the age of two). Miami-Dade, Broward and Palm
Beach counties will not open at this time due to a much higher incidence of COVID-19 infections.
Pediatricians have mixed opinions regarding this action. Proponents of the re-openings cite the importance of children socializing with one
another and of “letting kids be kids.” Camp owners state that even with camp looking different this summer, an increasing number of parents
are calling, eager to resume some form of normalcy. On the other hand, those against camp openings explain that children could infect the
people they live with, including the elderly and those with compromised immune systems, stimulating another peak of COVID-19.
Although the Governor stated that it is each parent’s right to decide whether or not to enroll their child in a day care program, the wide
spread reopening of child care facilities may result in employers requiring employees to return to their worksites. This will effectively
eliminate workers’ ability to receive unemployment benefits and may jeopardize an employee’s job. Under Florida law, only your physician may
place or keep you, in a “no work” status. If you are cleared by your doctor to return to work, you are required to make a “good faith effort” to do
so. If you fail or refuse to return to work, you forfeit your eligibility for any lost wage benefits under Florida Statutes XXXI § 440.15.
Furthermore, if you have been collecting unemployment and are called to work, you must so. A decision to do otherwise is considered as
a decision to quit your job. You will no longer be able to collect unemployment benefits.
Fear for their children’s health in day care facilities may prompt many employees to wish to continue working remotely. Employers have
unfettered discretion over whether they will allow their employees to tele-commute. If your boss decides that you need to return to your
physical place of business, you are required to do so or risk losing your job.
The re-opening of youth activities, including day care facilities and camps, has put concerned parents in a difficult predicament. The
Governor has stated simply, “If you don’t feel comfortable doing it (i.e., sending your kids to day-care/camp), then don’t do it.” The issue,
however, is rarely simple. Parents are essentially being compelled to return to their work sites or risk losing their livelihoods. All employees
and employers should be educated about their options and what the law states when making this decision. It is highly advisable that you
speak with an attorney knowledgeable in this area in order to take appropriate action.