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This past weekend, Governor Kathy Hochul announced that the Department of Labor released new guidance to clarify that workers who are terminated because of refusal to be vaccinated are not eligible for unemployment insurance absent a valid doctor-approved request for medical accommodation. While this announcement was geared primarily toward healthcare workers, it also has implications for our own workforce. Per the guidance issued by DOL, “workers in a healthcare facility, nursing home, or school who voluntarily quit or are terminated for refusing an employer-mandated vaccination will be ineligible for UI absent a valid request for accommodation because these are workplaces where an employer has a compelling interest in such a mandate.” Keep in mind that all unemployment claims are reviewed on a case-by-case basis. And with that, note that the guidance also goes on to state “a worker who refuses an employer’s directive to get vaccinated may be eligible for UI in some cases if that person’s work has no public exposure and the worker has a compelling reason for refusing to comply with the directive.” Read the guidance here (item 6).