We encourage you to work proactively through your local associations to address many of these issues with your school districts. This includes addressing reporting/work location issues, pay matters, safety issues, and other matters. Separate advisories on many of these topics are available through AEA on the AEA website. You should also acquaint yourself with relevant governing board policies, including GBGCB/GBGCB-E, which deal with communicable diseases (staff exclusion from school, reporting of diagnosed and suspected cases and notification, and confidentiality).
Disclaimer: What follows is general information on employee rights in the context of the COVID-19 outbreak in Arizona. Employee rights and responsibilities may vary in some respects from district to district and from position to position. For example, individual employment contracts, meet-and-confer agreements, and governing board policies and regulations may differ in significant ways by district and by employee classification. This AEA Legal Department publication is for informational purposes and is not intended as a substitute for legal or other professional advice based on or addressing one’s specific circumstances.
Q: When does the extra $600 in weekly unemployment compensation benefits under the CARES Act end?
A: It ends on July 25, 2020, in Arizona. After that, the benefit will revert to the $240 maximum benefit per week under state law, absent action to extend the federal benefit increase by Congress. See Part I (Background and Updates) above for more information.
Q: When does the extra 13 weeks of unemployment under the CARES Act end?
A: It ends on December 31, 2020. After that, the benefit will revert to only the 26 weeks available under state law. See Part I (Background and Updates) above for more information.
Q: If I am not working and not being paid because our district moved back the start date for the 2020-2021 school year (whether by action of the Governor or the district’s governing board), will I be eligible for unemployment?
A: You will quite likely be eligible for unemployment for the period between when school was supposed to start and when it actually started, if the delayed opening causes you to experience a reduction in hours and earnings.
Arizona, like most states, has a law that effectively bars many school employees from collecting unemployment benefits between or within academic years or terms if the employee has a contract or a “reasonable assurance” of performing services during the next year or term or immediately after “an established and customary vacation period or holiday recess.” See A.R.S. § 23-750(E). This prevents most school employees from collecting unemployment over summer vacation or fall, winter, or spring breaks. This state law is required in order for employers in the state to receive a credit against federal unemployment taxes under the Federal Unemployment Tax Act.
We are unaware of any guidance from the Department of Economic Security or any other state agency addressing the issue you raised. However, on May 15, 2020, the U.S. Department of Labor has issued an advisory addressing this issue. The advisory suggests that changes in the school schedule because of the COVID-19 pandemic may allow one who experiences both a reduction in work hours and earnings because of such changes to claim unemployment. As the advisory explains, “[t]his is because weeks the individual would ordinarily be working (but [was] not [working] due to circumstances surrounding the COVID-19 pandemic) are not considered to be ‘between two successive years or terms,’ nor are they to be considered part of an ‘established and customary vacation period or holiday recess.’” In one example, the advisory suggests a school employee may be entitled to unemployment if the school year ends early due to COVID-19 (for the weeks between the premature/revised end of the year and the regularly scheduled end of the year). Importantly, the advisory states that, if a school district “will not open as regularly scheduled, . . . the state agency must re-assess the individual’s entitlement to benefits.” (See pp. 4-6 of the advisory).
Q: If I am unable to work for a while because I am quarantined by a medical professional or at the direction of the government and I have no available paid leave, may I receive unemployment, even though I plan to return to work after the quarantine is over?
A: Yes, under Executive Order 2020-11, you should receive unemployment as long as you meet the other eligibility requirements (specifically, work history, earnings, and residency).
Q: If I have no more paid leave available and the school district I work at directs me to stay home and not to work for some time due to the concern that I may have COVID-19 or may have been exposed to it at work, would I be entitled to employment during this period?
A: Possibly. The school district is considered a political subdivision of the state. You may argue that the school district’s direction to stay home and not work (that is, where telework is unavailable) is effectively a government order to quarantine or isolate that renders you unable to work for purposes of Executive Order 2020-11. In any event, you may want to consult a medical professional under such circumstances. If the medical professional advises that a quarantine is necessary, then the person would almost certainly be eligible to receive unemployment benefits during this period.
Q: If I leave my job due to a risk of exposure to coronavirus, will I receive unemployment?
A: Yes, you should receive unemployment as long as you meet the other eligibility requirements. Under Executive Order 2020-11, an individual who meets eligibility requirements based on work history, earnings, and residency, may apply and be approved for unemployment insurance under the following circumstances, among others:
Individuals that leave employment due to risk of exposure or infection or to care for a family member who has been infected with COVID-19; or
Individuals that for any other scenario are separated from work for reasons related to COVID-19, if the Arizona Department of Economic Security determines that such scenario is consistent with the guidance issued by the US Department of Labor for Unemployment Compensation for Individuals Affected by the Coronavirus Disease 2019 [see federal guidance here and here].
One factor that may determine if someone is eligible for unemployment if the person leaves employment due to a risk of exposure or infection is whether the person is in a population that is particularly susceptible to COVID-19 (see here at p. 5 under “Scenario 3”), such as those with underlying medical conditions. It is possible that the extent of spread in the person’s community may also be considered.
Please confirm that this executive order still remains in effect before taking any action in reliance on the order.
Q: If I am a teacher who signed a contract for next year but opts to resign instead of returning due to coronavirus concerns, will anything bad happen to me?
A: In most cases, probably not, especially while the pandemic continues to exist.
We expect to see more flexibility from school districts as the return to school approaches. Some districts that ordinarily impose liquidated damages on teachers who do not fulfill their contracts are extending the periods during which teachers may get out of their contracts without penalty or at least indicating a greater willingness to waive liquidated damages in such cases. Other districts are offering resignation as one of many options to teachers who have serious concerns about returning to teaching (especially having to report to school sites to teach either in person or remotely from school while others are there) and have indicated a willingness to accept such resignations. Schools facing enrollment declines may be even more motivated to accept resignations from those with concerns about coronavirus. Likewise, we expect the State Board of Education to take a more relaxed approach to contract breaks without governing board approval while the pandemic persists.
If you have concerns about returning to work due to coronavirus and have explored, but ruled out, all of your other options (such as taking leave or requesting an accommodation such as working remotely), you should speak with your local association about the process for resigning and seeking governing board approval at your district. Governing board policy GCQC is the policy governing the resignation of professional staff at most districts, and policy GDQB is the policy addressing the resignation of support staff at most districts. You may access these policies either on your district’s website or at www.azsba.org. At a minimum, you would want to explain to the governing board that your intention to resign is based on concerns related to exposure to coronavirus and, if applicable, the changed or unexpected circumstances since you signed your contract. If you are in a population that makes you particularly susceptible to COVID-19 or have other specific concerns, you may want to consider informing the governing board of such circumstances so that the board understands the situation more completely.
