The Delaware Department of Labor has left little doubt that those who lose their jobs due to a refusal to get Covid-19 vaccine or testing will not get jobless benefits.
Delaware law states that claimants are not allowed to receive benefits if they have violated an employers’ policy that is deemed to be reasonable in nature and has been clearly communicated to employees. In general, the department has determined that vaccine requirements by employers are considered reasonable in nature.
The state had earlier indicated that the likelihood of those fired for refusing shots or testing would not receive unemployment benefits.
According to the state guidance, employees who fail to comply with employer-initiated Covid-19 vaccination requirements, in most instances, would not qualify to receive jobless benefits upon separation. Eligibility will depend on the specific circumstances and claims will be reviewed on a case-by-case basis.
The federal Equal Employment Opportunity Commission issued guidance stating employers can require that an employee receive the Covid-19 vaccine to return to the workplace unless the employee cannot get the vaccine due to a disability, a doctor has advised a woman not to get the vaccine while pregnant or breastfeeding, or because of a sincerely held religious belief, practice, or observance.
Employers who hire union employees are also encouraged to review the governing collective bargaining agreement before requiring vaccinations. All relevant federal and state laws should be consulted by employers as they consider whether a reasonable accommodation is required, a state Labor Department release.
