Decatur, GA – Gov. Brian Kemp’s announcement on Monday that many businesses, including restaurants and barbershops, could reopen starting April 24 raised a number of questions.

A big one hanging over workers’ heads is whether they can refuse to return to work due to safety concerns and still collect unemployment benefits?

Georgia Labor Commissioner Mark Butler told WSB-TV that these employees could collect unemployment benefits, but the answer was not an iron-clad “yes.”

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“Butler says the short answer is yes,” WSB-TV reported. “In a lot of cases, quitting can be covered under unemployment but you are going to have to show proof of the issue that you are having.”

The “show proof” part of that statement indicates employees will have to argue their case before they can collect benefits. The state on April 22 attempted to further explain what happens when an employee decides returning to work is putting their health at risk.

A press release from Gov. Kemp’s office says, “If a decision is made by an employee to separate from his/her place of employment, the employee has the right to file an individual claim where an eligibility determination will be made based on the facts presented in the case.”

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Butler indicated it’s a discussion the employee needs to have with their employer.

“If an employee is concerned about returning to work due to exposure to COVID-19, we are encouraging employees to communicate with their employers on plans to safely return to work,” Butler said in the press release. “We are all working together on getting Georgians back to work in a safe and stable environment.”

Butler said if employees return to work and it won’t affect their unemployment eligibility if their hours are reduced.

“Despite claims to the contrary, returning to work does not automatically eliminate an individual’s state unemployment eligibility,” Butler said in the press release. “In fact, we designed this provision to encourage employers to continue to file while returning employees to work to take advantage of the CARES Act (Coronavirus Aid, Relief, and Economic Security) benefits.”

The new rule says individuals can make up to $300 a week and still receive benefits.

“Any amount over $300 will be deducted from a claimant’s weekly benefit amount, a payment determination based on an employee’s past wages,” the press release from Gov. Kemp’s Office said. “As long as a claimant is awarded at least $1 in state benefits, he or she is eligible to receive Federal Pandemic Unemployment Compensation (FPUC), the additional $600 weekly payment.”

Many local businesses are opting to remain closed even though the governor’s order allows them to reopen.