Ariz. Admin. Code § R6-3-50135.04 - Quit or Discharge; Investigative or Disciplinary Suspension
A. If an employer
places a worker on a suspension without pay, pending the investigation of an
alleged wrongdoing or as a disciplinary action, the employer-employee
relationship is presumed to continue during the suspension period unless 1 of
the following events occurs during the suspension period.
1. The worker gives notice to the employer
that the worker does not intend to return to work. When the reason for the
leaving is because of the worker's objection to a disciplinary action, the
worker's eligibility is determined in accordance with
R6-3-50138.
2. The employer notifies the worker that the
job will not be available at the end of the suspension. The Department shall
determine the reason for separation based on the reason the job is no longer
available.
3. The worker files a
claim for benefits.
B.
When a worker files a claim for benefits during the suspension period, the
Department shall determine the type of separation based on the worker's reason
for filing the claim and subsections (B)(1) through (5).
1. If the suspension is for an unreasonable
period of time and the worker cannot reasonably be expected to remain ready to
return to work at the end of the suspension, the suspension terminates the
employer-employee relationship and the worker is discharged on the date the
worker was suspended and for the reason the worker was suspended.
2. If the suspension period is not
unreasonable, the separation is a voluntary quit.
3. For the purpose of this rule, a suspension
of 16 or more of the employer's workdays is a suspension for an unreasonable
period of time.
4. If returning to
work at the end of the suspension would create an intolerable work situation
for the worker, pursuant to
R6-3-50515, the separation is a voluntary leaving with good cause in connection with the
work.
5. If personal circumstances
deemed compelling pursuant to this Article arise during the suspension, making
it unreasonable for the worker to return to work, the worker leaves for
compelling personal reasons not attributable to the employer.
Notes
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