National Conference of State Legislatures

Unemployment Insurance and Domestic Violence

Updated July 2008.

Many states permit victims of domestic violence to receive unemployment insurance benefits, either directly through statutes that explicitly define domestic violence as good cause or indirectly through statutes that allow "personal reasons" as a valid reason to leave work. Even in states without specific statutory provisions, court decisions, rules, or agency policies may allow victims of domestic violence to receive unemployment insurance.

The requirements that claimants be "ready and available" for work and that they be actively seeking work creates a challenge for women who leave work because of domestic violence. Often, these women are looking for a safe place to live, caring for children, or healing from injuries, which can impede a job search. To address this issue, some states have made specific provisions to modify work requirements for victims of domestic violence.

Throughout the chart below, the feminine pronoun is used to refer to victims of domestic violence. However, readers should be aware that these provisions also apply to men who are victims of domestic violence.

State Statute Provision

Alaska Alaska Stat. § 23.20.379 Does not explicitly provide coverage for an employee who leaves her job because of domestic violence, but does allow an employee who voluntarily terminates employment to receive benefits. Disqualifies employees who leave voluntarily from waiting-week credit or benefits for the first week in which the insured worker is unemployed and for the next five weeks of unemployment following that week.

Arizona Ariz. Rev. Stat. Ann. § 23-727 Does not explicitly provide coverage for an employee who leaves her job because of domestic violence, but permits an individual whose separation from work is for compelling personal reasons not attributable to the employer and not warranting disqualification to receive benefits. Provides that benefits for these individuals are not charged to the employer.

California Cal. Labor Code § 230 Entitles an employee who is discharged because she is a victim of domestic violence or sexual assault to reinstatement and reimbursement for lost wages and work benefits.

Colorado Colo. Rev. Stat. § 8-73-107 Exempts an unemployment insurance claimant from the work search requirement if looking for work would make it harder to escape domestic abuse, would unfairly penalize a claimant who is a victim of domestic abuse, or would put her at risk for future abuse.

Connecticut Conn. Gen. Stat. § 31-236 Provides that leaving work to protect either an individual or a child living with an individual from domestic abuse is good cause and such individual is eligible for unemployment benefits. Preserves elegibility whether the individual leaves before the violence occurs or after domestic abuse has occurred.

Delaware Del. Code Ann. tit. 19, § 3314 Establishes domestic violence as good cause if an individual leaves work because of (i) a reasonable fear that domestic violence will occur at or en route to or from the workplace; (ii) a relocation to avoid future domestic violence; or (iii) any other circumstance in which domestic violence causes the individual to reasonably believe that leaving work is necessary for the her own or her family's future safety. Requires the individual to provide documentation of domestic violence, such as a police or court record, documentation from a shelter worker, attorney, member of the clergy or medical or other professional from whom the employee has sought assistance. Prohibits the disclosure of any evidence of domestic violence without the individual's consent.

District of Columbia D.C. Official Code §§ 51-131 through 51-136 Allows domestic violence victims who lose their jobs as a result of the violence to apply for unemployment insurance. Requires proof of domestic violence through one of the following: police report or record; court record, such as a temporary protection order; government agency record; or a written statement from a shelter official, social worker, counselor, therapist, attorney, medical doctor, or cleric, confirming that the victim has sought their services. Provides that any benefits paid out will not be charged to the employer, but will come from general funds.

Hawaii Hawaii Rev. Stat. § 383.65
Does not explicitly provide coverage for an employee who leaves her job because of domestic violence, but does allow claimants who leave work voluntarily for good cause not attributable to the employer to receive benefits. Provides that benefits for these individuals are not charged to the employer.

Maine Me. Rev. Stat. Ann. tit. 26, § 1043 Disallows misconduct as a disqualifying cause for dismissal if the misconduct determination is based solely on an employee's actions when those actions are necessary to protect the employee or an immediate family member from domestic violence, provided that the employee made all reasonable efforts to keep her job.

Massachusetts Mass. Gen. Laws Ann. ch. 151a, § 25
Exempts an individual from disqualification for unemployment compensation if an individual establishes that domestic violence was the reason for her discharge, including the individual’s need to address the physical, psychological and legal effects of domestic violence.

Minnesota Minn. Stat. § 268.095
Allows an individual who terminates her employment because she or her minor child is a victim of domestic abuse to receive unemployment insurance benefits. Requires that evidence of domestic abuse be shown by one or more of the following:
(i) a district court order for protection or other court order;
(ii) a police record;
(iii) documentation that the perpetrator has been convicted of domestic abuse;
(iv) medical documentation; or
(v) a written statement that the individual or the individual's minor child is a victim of domestic abuse provided by a social worker, member of the clergy, shelter worker, attorney, or other professional who has assisted the applicant in dealing with the domestic abuse.

Montana Mont. Code Ann. § 39-51-2111 Prohibits denial of benefits to an individual who is otherwise eligible because the individual or her child is a victim of domestic violence, or because of sexual assault or stalking. Provides that the employer's account may not be charged for the payment of benefits to a victim of domestic violence. Limits employment benefits for victims of domestic violence, sexual assault, or stalking to 10 weeks in the 12-month period afte a claim is filed. Requires that an individual be treated as a victim of domestic violence, sexual assault, or stalking if she provides a protection order, police record, medical documentation, or other documentation prepared by a social worker, member of the clergy, shelter worker, or other professional who has provided assistance. Makes the individual ineligible if she remains in or returns to the abusive situation.

Nebraska Neb. Rev. Stat. § 48-628.01 Includes as good cause voluntarily leaving work to escape abuse at the place of employment or abuse between household members, provided that the individual has made all reasonable efforts to preserve the employment.

Nevada Nev. Rev. Stat. § 612.380   Does not explicitly provide coverage for an individual who leaves her job because of domestic violence, but does provides that an individual who quits voluntarily may be eligible for unemployment benefits provided that the Administrator determines that she left for good cause.

New Hampshire N.H. Rev. Stat. Ann. § 282-A:32
Preserves an individual's eligibility for unemployment benefits if she terminated her employment to protect herself from domestic abuse, provided that the individual made all reasonable efforts to keep the job. Also requires that the individual relocate to escape the abuse. Allows the individual to qualify for unemployment benefits if, due to changed circumstances, she can return to her job, but her former employer cannot offer her either her former position or comparable work because of a reduction in work force or other adverse economic conditions.

New Jersey N.J. Rev. Stat. § 43:21-5 Provides that no otherwise eligible individual can be denied unemployment benefits because the individual left work or was discharged for being a victim of domestic violence. Mandates that no employer's account can be charged for the payment of benefits to an individual who left work due to domestic violence. Requires an individual who wishes be eligible for unemployment benefits under this statute to provide one or more of the following as evidence of domestic violence:
(1) A restraining order or other court documentation;
(2) A police record documenting the domestic violence;
(3) Documentation that the perpetrator of the domestic violence has been convicted;
(4) Medical documentation of the domestic violence;
(5) Certification from a certified Domestic Violence Specialist or the director of a designated domestic violence agency that the individual is a victim of domestic violence; or
(6) Other documentation or certification of the domestic violence provided by a social worker, member of the clergy, shelter worker or other professional who has assisted the individual in dealing with the domestic violence.

New Mexico N.M. Stat. Ann. § 51-1-7
Exempts from disqualification anyone who voluntarily leaves her employment because of domestic abuse as evidenced by medical documentation, legal documentation, or a sworn statement from the claimant.

New York N.Y. Labor Law § 593 Defines as good cause a voluntary separation due to domestic violence.

North Carolina N.C. Gen. Stat. § 96-14 Provides that leaving work or discharge due to domestic violence, sexual offense, or stalking constitutes good cause. Mandates that benefits paid on the basis of this section not be charged to the employer. Provides that evidence of domestic violence, sexual offense, or stalking may include: (i) law enforcement, court, or federal agency records or files; (ii) documentation from a domestic violence or sexual assault program; or (iii) documentation from a religious, medical, or other professional from whom the claimant has sought assistance in dealing with the alleged domestic violence, sexual abuse, or stalking.

North Dakota N.D. Cent. Code § 52-06-36 Provides that an employee's safety is a factor in determining whether or not the employee had good cause for a voluntary termination.

Oregon Or. Rev. Stat. § 657.176 Provides that an individual who leaves work, fails to apply for available suitable work, or fails to accept suitable work because she is a victim, or is the parent or guardian of a minor child who is a victim, of domestic violence, stalking or sexual assault may not be disqualified from receiving benefits if the individual reasonably believes violence will occur at the workplace or elsewhere, and the individual pursues reasonable available alternatives to leaving work, failing to apply for available suitable work, or failing to accept suitable work when offered.

Ohio Ohio Rev. Code Ann. § 4141.29 Does not explicitly provide coverage for an employee who leaves her job because of domestic violence, but does provides that an individual who quits work with just cause may be eligible for unemployment benefits at the discretion of the Director.

Rhode Island R.I. Gen. Laws § 28-44-17.1 Establishes that an individual is eligible for waiting period credit or benefits if she voluntarily leaves work due to domestic abuse and she: (1) reasonably fears future domestic abuse at or on route to or from the workplace; (2) wishes to relocate in order to avoid future domestic abuse against herself or her family; or (3) reasonably believes that leaving work is necessary for her own future safety or that of her family. Requires that the individual provide documentation of domestic abuse, including, but not limited to, police or court records, or other documentation from a shelter worker, attorney, member of the clergy, or medical or other professional from whom the individual has sought assistance.  Provides that any documentation be kept confidential unless the individual gives consent for disclosure.

South Carolina S.C. Code Ann. § 41-35-120 Does not explicitly provide coverage for an employee who leaves her job because of domestic violence, but does provide that an individual who terminates employment for good cause may be eligible for unemployment benefits at the discretion of the Commissioner.

Utah Utah Code Ann. § 35A-4-405 Does not explicitly provide coverage for an employee who leaves her job because of domestic violence, but does provide that a claimant may not be denied eligibility for benefits if the claimant leaves work under circumstances where it would be contrary to equity and good conscience to impose a disqualification.

Virginia Va. Code § 60.2-618 Does not explicitly provide coverage for an employee who leaves her job because of domestic violence, but does provide that an employee may be eligible for unemployment benefits if the Commission finds that the employee left work voluntarily with good cause.

Washington Wash. Rev. Code § 50.20.050 Provides that a claimant is not disqualified to receive benefits if the claimant's separation from employment is necessary to protect the claimant or the claimant's immediate family members from domestic violence or stalking.

Wisconsin Wis. Stat. § 108.04(7)(s)2 Provides that the disqualification for unemployment insurance benefits does not apply if the claimant terminates her work due to domestic abuse, concerns about personal safety or harassment, or concerns about the safety or harassment of those who live with her. Further provides that the disqualification does not apply if the claimant can prove to the Department that she obtained a temporary restraining order and that the order was, or was likely to be, violated.

Wyoming
Wyo. Stat. § 27-3-306

Wyo. Stat. § 27-3-311

Provides an exemption from the requirements to be available for work and to participate in work search activities if the claimant can show justifiable cause for not participating.

Exempts from disqualification for unemployment compensation benefits anyone forced to leave her most recent work because she is a victim of documented domestic violence.

Sources:

DC Employment Justice Center, Unemployment Compensation and Domestic Violence Amendment Act of 2003 (Washington, D.C.: n.d.), available at http://www.dcejc.org/legal_ejc_app/docs/FactSheetonDVUI.doc.

Individual state Unemployment Insurance/Unemployment Compensation statutes.