Paycheck Protection Program: New FAQ on Employees Who Refuse to Return

The Treasury Department issued a couple of new FAQs yesterday which can be found here. One of the FAQs answers what an employer should do if an employee refuses to return to work. Importantly, the Treasury says employers should be prepared to show that they:

  • Made a good faith, written offer to rehire the employee; and
  • Kept documentation showing the employee rejected the offer.

Additionally, the Treasury indicated it will be issuing an interim final rule excluding laid-off employees who refused to return from the PPP loan forgiveness reduction calculation. The FAQ also warns that employees who refuse an offer of employment may not be eligible for unemployment benefits.

MBA has created an employee recall letter here and an employee decision log here to aid our clients with their documentation.

USCIS: Updated I-9 Requirements 

Due to ongoing stay-at-home orders, the United States Citizenship and Immigration Services (USCIS) has recognized that some individuals may have difficulty renewing certain List B documents, such as state drivers’ licenses and ID cards. Effective May 1, 2020, USCIS is allowing employers to:

  • Continue to accept expired List B documents that have been extended by an issuing authority.
  • If an employee provides an employer with an expired document that has not been extended by an issuing authority, the employer should:
    • Record the document information in Section 2 under List B, as applicable; and,
    • Enter the word “COVID-19” in the Additional Information Field.

More information about this guidance can be found here

Additional Resources 

The coronavirus has created many issues for employers to navigate. You can find MBA’s updates on these issues by going here. MBA will continue to update you as the coronavirus pandemic continues to impact employers. 

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