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Unemployment Compensation for Military Spouses

Last Updated: November 21, 2011

NCSL Staff Contact: Brooke Oleen or Jim Reed
 

NOTE:  NCSL cannot provide advice or assistance to military members or spouses regarding unemployment benefits. Your must contact your state department of labor regarding unemployment benefits.

Military families often face frequent moves and these moves can add unique financial pressures, as spouses may have to leave their employment due to a military transfer and the families may face a reduction in income. Generally speaking, when an individual leaves a job voluntarily, then the person is ineligible for unemployment benefits. Recognizing that spouses of military service personnel who quit their jobs due to a military transfer may not be quitting so “voluntarily,” state legislators have amended unemployment compensation laws to help military families who are relocating between states. In several states, state legislators deem it good cause if military spouses leave their employment to follow their spouses in a military relocation, and thus eligible for unemployment benefits.

Statutes | Legislation
Please note the summary should be used for general informational purposes and not as a legal reference.

AL | AK | AZ | AR | CA | CO | CT | DE | DC | FL | GAGU | HI | ID | IL | IN | IA | KS | KY | LA | MEMD | MA | MI | MN | MS | MO
 MT | NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | PR | RI | SC | SD | TN | TX | UT | VT | VA | VI | WA | WV | WI | WY
State:
Statute: Provision:
Alabama
  No eligibility or not specified in statute 
Alaska
  No eligibility or not specified in statute
Arizona

Ariz. Rev. Stat. Ann. §23-775
2011 Chapter 307 

As an exception to disqualification, compelling personal circumstances shall include but are not limited to a showing of any of the following: A spouse or unemancipated minor leaving work to accompany the other spouse or a parent who is a member of the armed services and who is transferred to another locality as a result of official orders.

Arkansas

Ark. Stat. Ann. §11-10-513
(not military specific)

No individual shall be disqualified under this section if after making reasonable efforts to preserve his or her job rights he or she left his or her last work: To accompany the individual's spouse because of a change in the location of the spouse's employment that makes it impractical to commute.

California

Cal. Unemployment Insurance Code §1256
(not military specific)

An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to accompany his or her spouse or domestic partner to a place from which it is impractical to commute to the employment. For purposes of this section "spouse" includes a person to whom marriage is imminent.

Colorado

Colo. Rev. Stat. §8-73-108

An individual separated from a job shall be given a full award of benefits if any of the following reasons and pertinent conditions related thereto are determined by the division to have existed. The determination of whether or not the separation from employment shall result in a full award of benefits shall be the responsibility of the division. The following reasons shall be considered, along with any other factors that may be pertinent to such determination:

(s) Quitting a job to relocate as a result of the transfer of the individual's spouse to a new place of residence, either within or outside Colorado, from which it is impractical to commute to the place of employment, and upon arrival at the new place of residence, the individual is in all respects available for suitable work. The spouse shall be a member of the United States armed forces who is on active duty as defined in 10 U.S.C. §101 (d)(1), active guard and reserve duty as defined in 10 U.S.C. §101 (d)(6), or active duty pursuant to title 10 or 32 of the United States Code.

(t) Quitting a job to relocate to a new place of residence, either within or outside Colorado, from which it is impractical to commute to the place of employment because the individual's spouse, who was stationed in Colorado, is killed in combat. Upon arrival at the new place of residence, the individual shall be available, in all respects, for suitable work. The individual's spouse shall have been a member of the United States armed forces who was on active duty as defined in 10 U.S.C. §101 (d)(1), active guard and reserve duty as defined in 10 U.S.C. §101 (d)(6), or active duty pursuant to title 10 or 32 of the United States Code.

(u) Separating from a job due to a change in location of the employment of the worker's spouse that necessitates a new place of residence for the worker, either within or outside Colorado, from which it is impractical to commute to the worker's place of employment, and upon arrival at the new place of residence, the individual is in all respects available for suitable work. The director of the division shall adopt rules as necessary to implement and administer this paragraph (u).

Connecticut

Conn. Gen. Stat. §31-236

No individual shall be ineligible for benefits if the individual leaves suitable work (v) for a separation from employment that occurs on or after July 1, 2007, to accompany a spouse who is on active duty with the armed forces of the United States and is required to relocate by the armed forces, but the employer's account shall not at any time be charged with respect to any voluntary leaving that falls under subparagraph (A)(v) of this subdivision.

Delaware

Del. Code Ann. tit. 19, §3314
(not military specific) 

An individual, who quits work in order to accompany that individual's spouse to a place from which it is impractical for such individual to commute and due to a change in location of that individual's spouse's employment, will not be considered to have left work voluntarily without good cause attributable to such work. Wage credits earned in such work, if from employment under this title in the employ of any employer liable for assessments under §3348 of this title, shall not constitute employer's benefits wages in connection with §§3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with §3345 of this title when an individual becomes eligible for benefits upon separation from a subsequent employer.

An individual, who is discharged from work because the individual has provided notice to that individual's employer of the intent to quit work to accompany that individual's spouse to a place from which it is impractical for such individual to commute and due to a change in location of the individual's spouse's employment, will not be considered to have been discharged from work for good cause attributable to such work. Wage credits earned in such work, if from employment under this title in the employ of any employer liable for assessments under §3348 of this title, shall constitute employer's benefits wages in connection with §§3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with §3345 of this title.

District of Columbia
  No eligibility or not specified in statute
Florida

Fla. Stat. §443.101 

For benefit years beginning on or after July 1, 2004, an individual is not disqualified under this subsection for voluntarily leaving work to relocate as a result of his or her military-connected spouse's permanent change of station orders, activation orders, or unit deployment orders.

Georgia

Ga. Code §34-8-194 

Good cause shall be determined by the commissioner according to the circumstances in the case; provided, however, that leaving an employer to accompany a spouse who has been reassigned from one military assignment to another shall be deemed to be for good cause; provided, however, that the employer's account shall not be charged for any benefits paid out to the person who leaves to accompany a spouse reassigned from one military assignment to another.

Guam
  No eligibility or not specified in statute
Hawaii
  No eligibility or not specified in statute
Idaho
  No eligibility or not specified in statute
Illinois

Ill. Rev. Stat. ch. 820, §405/601 

The provisions of this Section shall not apply to an individual who has left work voluntarily: (7) Because, due to a change in location of employment of the individual's spouse, the individual left work to accompany his or her spouse to a place from which it is impractical to commute or because the individual left employment to accompany a spouse who has been reassigned from one military assignment to another. The employer's account, however, shall not be charged for any benefits paid out to the individual who leaves work under a circumstance described in this paragraph.

Indiana

Ind. Code §22-4-15-1
(not military specific) 

The disqualifications provided in this section shall be subject to the following modifications: (7) An individual who, but for the voluntary separation to move to another labor market to join a spouse who had moved to that labor market, shall not be disqualified for that voluntary separation, if the individual is otherwise eligible for benefits. Benefits paid to the spouse whose eligibility is established under this subdivision shall not be charged against the employer from whom the spouse voluntarily separated.

Iowa

Iowa Code §96.5 

The individual shall not be disqualified if the department finds that: The individual’s leaving was caused by the relocation of the individual’s spouse by the military. The employer’s account shall not be charged for any benefits paid to an individual who leaves due to the relocation of a military spouse. Relief of charges under this paragraph applies to both contributory and reimbursable employers, notwithstanding §96.8(5).

Kansas

Kan. Stat. Ann. §44-706
2011 Chapter 85 

An individual shall not be disqualified under this subsection if: (4) the spouse of an individual who is a member of the armed forces of the United States who left work because of the voluntary or involuntary transfer of the individual’s spouse from one job to another job, which is for the same employer or for a different employer, at a geographic location which makes it unreasonable for the individual to continue work at the individual’s job;. For the purposes of this provision the term ‘‘armed forces’’ means active duty in the army, navy, marine corps, air force, coast guard or any branch of the military reserves of the United States.

Kentucky

Ky. Rev. Stat. §341.370 

No otherwise eligible worker shall be disqualified from receiving benefits for: Leaving work to accompany the worker's spouse to a different state when the spouse is reassigned by the military. Subdivision a. of this subparagraph shall apply only if the state of relocation has adopted a statute substantially similar to that subdivision.

Louisiana
  No eligibility or not specified in statute
Maine

Me. Rev. Stat. Ann. tit. 26, §1193
(not military specific) 

A claimant may not be disqualified under this paragraph if: (2) The leaving was necessary to accompany, follow or join the claimant's spouse in a new place of residence , and the claimant is in all respects able, available and actively seeking suitable work.

Maryland

Md. Labor and Employment Code Ann. §8-1001 

(1) A circumstance for voluntarily leaving work is valid only if it is: (iii) caused by the individual leaving employment to follow a spouse if: 1. the spouse: A. serves in the United States military; or  B. is a civilian employee of the military or of a federal agency involved in military operations; and 2. the spouse's employer requires a mandatory transfer to a new location.

Massachusetts

Mass. Gen. Laws Ann. ch. 151A, §25
(not military specific) 

Notwithstanding the provisions of this subsection, no waiting period shall be allowed and no benefits shall be paid to an individual under this chapter for the period of unemployment next ensuing and until the individual has had at least eight weeks of work and in each of said weeks has earned an amount equivalent to or in excess of the individual’s weekly benefit amount after having left work to accompany or join one’s spouse or another person at a new locality.

Michigan

Mich. Comp. Laws §421.29 

The leaving does not disqualify the individual if: The individual is the spouse of a full-time member of the United States armed forces, and the leaving is due to the military duty reassignment of that member of the United States armed forces to a different geographic location.

Minnesota

Minn. Stat. §268.095
(not military specific) 

An applicant who quit employment is ineligible for all unemployment benefits according to subdivision 10 except when: (10) the applicant quit in order to relocate to accompany a spouse whose job location changed making it impractical for the applicant to commute.

Mississippi
  No eligibility or not specified in statute
Missouri

Mo. Rev. Stat. §288.050
2011 H.B. 136 

The claimant shall not be disqualified: (e) If the deputy finds that, due to the spouse's mandatory and permanent military change of station order, the claimant quit work to relocate with the spouse to a new residence from which it is impractical to commute to the place of employment and the claimant remained employed as long as was reasonable prior to the move. The claimant's spouse shall be a member of the U.S. armed forces who is on active duty, or a member of the national guard or other reserve component of the U.S. armed forces who is on active national guard or reserve duty. The provisions of this paragraph shall only apply to individuals who have been determined to be an insured worker as provided in subdivision (22) of subsection 1 of §288.030.
Montana

Mont. Code Ann. §39-51-2302 

The individual may not be disqualified for any of the following reasons: (d) The individual leaves employment because of the mandatory military transfer of the individual's spouse. Any benefits paid under this subsection (2)(d) are not chargeable to the employer's account.

Nebraska

Neb. Rev. Stat. §48-628.01 

Good cause for voluntarily leaving employment shall include, but not be limited to, the following reasons: (3) An individual left his or her employment to accompany his or her spouse to the spouse's employment in a different city or new military duty station.

Nevada

Nev. Rev. Stat. §612.551 

If the employer provides evidence within 10 working days after the notice required by subsection 1 was mailed which satisfies the Administrator that the claimant: (b) Was the spouse of an active member of the armed forces of the United States and left his employment because his spouse was transferred to a different location, the administrator shall order that the benefits not be charged against the record for experience rating of the employer.

New Hampshire

N.H. Rev. Stat. Ann. §282-A:32
(not military specific) 

This section shall not apply and benefits shall be paid without regard thereto where: (5) The leaving of employment was necessary to allow the individual to accompany his or her spouse to a place from which it is impractical for the individual to commute due to a change in location of the spouse's employment.

New Jersey

N.J. Rev. Stat. §43:21-5 

Notwithstanding any other provisions of this chapter (R.S. 43:21-1 et seq.), no otherwise eligible individual shall be denied benefits for any week in which the individual left work voluntarily and without good cause attributable to the work, if the individual left work to accompany his or her spouse who is an active member of the United States armed forces, as defined in N.J.S.38A:1-1(g), to a new place of residence outside the state, due to the armed forces member's transfer to a new assignment in a different geographical location outside the state, and the individual moves to the new place of residence not more than nine months after the spouse is transferred, and upon arrival at the new place of residence the individual was in all respects available for suitable work. No employer's account shall be charged for the payment of benefits to an individual who left work under the circumstances contained in this subsection (k), except that this shall not be construed as relieving the state of New Jersey and any other governmental entity or instrumentality or nonprofit organization electing or required to make payments in lieu of contributions from its responsibility to make all benefit payments otherwise required by law and from being charged for those benefits as otherwise required by law.

New Mexico

N.M. Stat. Ann. §51-1-7 

No individual shall receive benefits until the division has contacted the former employer and determined whether the individual left the employment voluntarily; provided, however, that a person shall not be denied benefits under this paragraph: (c) if the person voluntarily left work to relocate because of a spouse, who is in the military service of the United States or the New Mexico National Guard, receiving permanent change of station orders, activation orders or unit deployment orders.

N.M. Stat. Ann. §51-1-11

The division shall not charge a contributing base-period employer's account with any portion of benefits paid to an individual for dependent allowance or because the individual to whom benefits are paid: voluntarily left work to relocate because of a spouse, who is in the military service of the United States or the New Mexico national guard, receiving permanent change of station orders, activation orders or unit deployment orders.

New York

N.Y. Labor Law §593
(not military specific) 

A claimant shall not be disqualified from receiving benefits for separation from employment due to any compelling family reason. For purposes of this paragraph, the term "compelling family reason" shall include, but not be limited to, separations related to any of the following: (iii) the need for the individual to accompany such individual's spouse (A) to a place from which it is impractical for such individual to commute and (B) due to a change in location of the spouse's employment.

North Carolina

N.C. Gen. Stat. §96-14 

For the purposes of this Chapter, any claimant leaving work to accompany the claimant's spouse to a new place of residence where that spouse has secured work in a location that is too far removed for the claimant reasonably to continue his or her work shall serve a time certain disqualification for benefits for a period of two weeks beginning the first day of the first week after the disqualifying act occurs with respect to which week an individual files a claim for benefits. Notwithstanding the other provisions of this subdivision, any claimant leaving work to accompany the claimant's spouse to a new place of residence because the spouse has been reassigned from one military assignment to another shall be deemed good cause for leaving work.

North Dakota
  No eligibility or not specified in statute
Ohio
  No eligibility or not specified in statute
Oklahoma

Okla. Stat. §40-2-405
(not military specific) 

Good cause for voluntarily leaving work under §2-404 of this title may include, among other factors, the following: (4) If the spouse of the claimant was transferred or obtained employment in another city or state, and the family is required to move to the location of that job that is outside of commuting distance from the prior employment of the claimant, and the claimant separates from employment in order to move to the new employment location of the spouse. As used in this paragraph, "commuting distance" means a radius of 50 miles from the prior work location of the claimant.

Oregon
  No eligibility or not specified in statute
Pennsylvania
  No eligibility or not specified in statute
Puerto Rico
  No eligibility or not specified in statute
Rhode Island

R.I. Gen. Laws §28-44-17 

No eligibility - An individual who leaves work voluntarily without good cause shall be ineligible for waiting period credit or benefits for the week in which the voluntary quit occurred and until he or she establishes to the satisfaction of the director that he or she has subsequent to that leaving had at least eight weeks of work, and in each of those eight weeks has had earnings of at least 20 times the minimum hourly wage as defined in chapter 12 of this title for performing services in employment for one or more employers subject to chapters 42 – 44 of this title. For the purposes of this section, "voluntarily leaving work without good cause" shall include voluntarily leaving work with an employer to accompany, join or follow his or her spouse in a new locality in connection with the retirement of his or her spouse, or failure by a temporary employee to contact the temporary help agency upon completion of the most recent work assignment to seek additional work unless good cause is shown for that failure; provided, that the temporary help agency gave written notice to the individual that the individual is required to contact the temporary help agency at the completion of the most recent work assignment to seek additional work.

South Carolina

S.C. Code Ann. §41-35-126 

Notwithstanding the provisions of §41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the commission finds that the individual has left work voluntarily to relocate because of the transfer of a spouse who has been reassigned from one military assignment to another, provided that the separation from employment occurs within fifteen days of the scheduled relocation date.

S.C. Code Ann. §41-35-130

Benefits paid to an individual pursuant to §41-35-126 must not be charged to the account of a contributing employer.

South Dakota
  No eligibility or not specified in statute
Tennessee
  No eligibility or not specified in statute
Texas

Tex. Labor Code Ann. §204.022 

Benefits computed on benefit wage credits of an employee or former employee may not be charged to the account of an employer if the employee's last separation from the employer's employment before the employee's benefit year: (12) resulted from a move from the area of the employee's employment that: (A) was made with the employee's spouse who is a member of the armed forces of the United States; and (B) resulted from the spouse's permanent change of station of longer than 120 days or a tour of duty of longer than one year.

Tex. Labor Code Ann. §207.045

(d) Notwithstanding any other provision of this section, an individual who is available to work may not be disqualified for benefits because the individual left work because of: (6) a move from the area of the individual's employment that: (A) was made with the individual's spouse who is a member of the armed forces of the United States; and (B) resulted from the spouse's permanent change of station of longer than 120 days or a tour of duty of longer than one year.

Tex. Labor Code Ann. §302.0034

(a) The commission shall provide employment assistance services, including job placement and other employment-related services, to the spouses and dependents of military personnel who are assigned to duty in this state.

Utah

Utah Code Ann. §35A-4-405 

Notwithstanding any other subsection of this section, a claimant who has left work voluntarily to accompany, follow, or join the claimant's spouse to or in a new locality does so without good cause for purposes of Subsection (1).

Vermont
  No eligibility or not specified in statue
Virginia

Va. Code §60.2-528 

Requires federal funding for statute to be effective and applicable to military spouses.

Va. Code §60.2-618

Requires federal funding for statute to be effective and applicable to military spouses.

Virgin Islands

V.I. Code tit. 24, §304
(not military specific)

Notwithstanding any other provisions of this subsection, an individual may not be disqualified for separating from work under any of the following circumstances: (C) There is a need for the individual to accompany the individual's spouse: (i) to a place from which it is impractical for such individual to commute; (ii) due to change in location of a spouse's employment.

Washington

Wash. Rev. Code §50.20.050
(not military specific for claims after September 6, 2009) 

(1) With respect to claims that have an effective date before January 4, 2004: (b) An individual shall not be considered to have left work voluntarily without good cause when: (iii) He or she has left work to relocate for the spouse's employment that is due to an employer-initiated mandatory transfer that is outside the existing labor market area if the claimant remained employed as long as was reasonable prior to the move.

(2) With respect to claims that have an effective date on or after January 4, 2004 and for separations that occur before September 6, 2009: (b) An individual is not disqualified from benefits under (a) of this subsection when: (iii)(A) With respect to claims that have an effective date before July 2, 2006, he or she: (I) Left work to relocate for the spouse's employment that, due to a mandatory military transfer: (1) Is outside the existing labor market area; and (2) is in Washington or another state that, pursuant to statute, does not consider such an individual to have left work voluntarily without good cause; and (II) remained employed as long as was reasonable prior to the move; (B) With respect to claims that have an effective date on or after July 2, 2006, he or she: (I) Left work to relocate for the spouse's employment that, due to a mandatory military transfer, is outside the existing labor market area; and (II) remained employed as long as was reasonable prior to the move.

With respect to separations that occur on or after September 6, 2009: An individual has good cause and is not disqualified from benefits under (a) of this subsection only under the following circumstances: The claimant: (A) Left work to relocate for the employment of a spouse or domestic partner that is outside the existing labor market area; and (B) remained employed as long as was reasonable prior to the move.

West Virginia
  No eligibility or not specified in statute
Wisconsin

Wis. Stat. §108.04
(not military specific) 

Paragraph (a) does not apply if the department determines that the employee’s spouse changed his or her place of employment to a place to which it is impractical to commute and the employee terminated his or her work to accompany the spouse to that place.

Wyoming

Wyo. Stat. Ann. §27-3-311 

An individual shall be disqualified if the department finds that he left his most recent work voluntarily without good cause attributable directly to his employment, except: (D) If unemployed as a result of relocation due to the transfer of the unemployed individual's spouse, either within or outside the state, from which it is impractical to commute to the place of employment, and upon arrival at the new residence, the individual is in all respects able and available for suitable work and registers for work with the department of workforce services or an equivalent agency of another state where the individual is residing. To qualify under this subparagraph, the individual shall be married to a member of the United States armed forces whose relocation is the result of an assignment on active duty as defined in 10 U.S.C. 101(d)(1), active guard or reserve duty as defined in 10 U.S.C. 101(d)(6), active duty pursuant to title 10 of the United States Code, or training or other duty performed by a member of the Army National Guard of the United States or the Air National Guard of the United States under §§316, 502, 503, 504 or 505 of title 32 of the United States Code. Any benefits awarded under this subparagraph shall be noncharged benefits and shall not affect an employer's experience rating account. This subparagraph is repealed effective July 1, 2018.

 

Legislation

2010 and 2011 Legislation are available through the Military and Veterans Affairs Database

2009 Legislation

2008 Legislation

2007 Legislation

2006 Legislation

 

Please note the summary should be used for general informational purposes and not as a legal reference.
NCSL is unable to provide guidance to citizens or businesses regarding unemployment compensation benefits.

 

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