HLS 201ES-435 ORIGINAL
2020 First Extraordinary Session
HOUSE RESOLUTION NO. 49
BY REPRESENTATIVE JAMES
EMPLOYMENT: Requests the Louisiana Workforce Commission to study and determine
new parameters of what constitutes good cause for job separation and suitable work
protections
1 A RESOLUTION
2To urge and request the Louisiana Workforce Commission to study and clarify new
3 parameters of what constitutes good cause for job separation and suitable work
4 protections.
5 WHEREAS, pursuant to the Louisiana Homeland Security and Emergency
6Assistance and Disaster Act, La. R.S. 29:721 et seq., the governor declared a public health
7emergency in Proclamation Number 25 JBE 2020; and
8 WHEREAS, COVID-19 poses an extreme risk of person-to-person transmission
9throughout the United States and Louisiana and significantly threatens the safety, health, and
10security of the residents of this state; and
11 WHEREAS, the state of Louisiana moved into Phase 2 of recovery on Friday, June
125, 2020; and
13 WHEREAS, with the reopening of businesses, there is a need for employees to return
14to their jobs to restore their livelihoods and reboot our state's economy; and
15 WHEREAS, Louisianans must return to work in a safe environment to prevent a
16second wave of infections; and
17 WHEREAS, the Centers for Disease Control and Prevention reports that
18immunocompromised individuals, which include those groups at higher risk of severe illness
19or death from COVID-19, are those over 65 years of age and people of any age who have
20certain chronic underlying health conditions; and
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HR NO. 49
1 WHEREAS, the COVID-19 pandemic has posed a critical threat to workers who are
2immunocompromised or have a household with immunocompromised individuals; and
3 WHEREAS, the COVID-19 pandemic has caused some workers who are
4immunocompromised or have a household with immunocompromised individuals to take
5necessary measures such as taking leave or resigning from their place of employment; and
6 WHEREAS, these workers have to take these necessary measures because their
7employers fail to uphold the Centers for Disease Control and Prevention's recommendations,
8such as enacting workplace policies that encourage social distancing and providing adequate
9personal protective equipment (PPE); and
10 WHEREAS, the term "good cause" for job separation is defined as when a worker
11takes leave or resigns from his place of employment because he is immunocompromised or
12has a household member who is immunocompromised and the worker's employer does not
13have adequate PPE available; and
14 WHEREAS, other states have created policies and safety measures redefining good
15cause for workers who resign from their place of employment and enacted suitable work
16protections for workers who are looking to safely return to the workforce; and
17 WHEREAS, the National Domestic Violence Hotline has recognized that for
18survivors of domestic violence, any external factors, including a national health concern such
19as COVID-19, that add stress and financial strain can negatively impact survivors and create
20circumstances where their safety is further compromised; and
21 WHEREAS, an employee may be deemed to have left his most recent employment
22during the pandemic with "good cause" if he leaves his employment to protect his family
23from domestic violence abuse; and
24 WHEREAS, an employee may have small children who require care while the
25employee is at work, and the COVID-19 pandemic has impacted childcare by forcing
26schools and daycares across the state of Louisiana to close; and
27 WHEREAS, these closures force an employee to voluntarily leave his employment
28in order to care for his children when there are no other practical alternatives for childcare;
29and
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HR NO. 49
1 WHEREAS,"suitable work protections" is determined by whether a workplace has
2complied with the local health department's and Louisiana Department of Health's
3recommendations and guidelines to prevent exposure and has considered the needs of
4high-risk employees; and
5 WHEREAS, the Louisiana Workforce Commission is charged with examining
6employment policies and procedures; and
7 WHEREAS, the Louisiana Workforce Commission's guidance is needed in these
8unprecedented times to help enact policies and procedures to ensure the safety of both
9employees and employers; and
10 WHEREAS, the Louisiana Workforce Commission has the authority to promulgate
11future rules and regulations that determine what constitutes good cause and suitable work
12protections in this new workforce environment created by the COVID-19 pandemic.
13 THEREFORE, BE IT RESOLVED that the House of Representatives of the
14Legislature of Louisiana does hereby urge and request the Louisiana Workforce Commission
15to study and determine new parameters of what constitutes good cause and suitable work
16protections as they relate to the COVID-19 pandemic.
17 BE IT FURTHER RESOLVED that the Louisiana Workforce Commission shall
18report its findings and recommendations to the House of Representatives of the Legislature
19of Louisiana no later than September 1, 2020.
20 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
21secretary of the Louisiana Workforce Commission.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HR 49 Original 2020 First Extraordinary Session James
Requests the Louisiana Workforce Commission (LWC) to study and clarify new parameters
of what constitutes good cause for job separation and suitable work protections.
The LWC shall report its findings and recommendations to the House of Representatives of
the Legislature of Louisiana no later than Sept. 1, 2020.
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