Ariz. Admin. Code § R6-3-50235 - Health or Physical Condition (v L 235)
A. General (V L 235.05)
1. Leaving work due to health or physical
conditions may be for:
a. Compelling personal
reasons; or
b. Good cause in
connection with the work.
2. A contention that a leaving is for reasons
of health or physical conditions must be substantiated. Supporting evidence may
be:
a. Doctor's statement; or
b. Employer or witness statement;
or
c. Adjudicator's
observation.
3. All
separations from work caused by illness or physical disability raises a
question of ability to work. This issue should be investigated and determined
under
R6-3-52235.
B. Illness or injury (V L 235.25)
1. A worker who quits because his health or
physical condition is adversely affected by the conditions of work must make a
reasonable effort to correct the situation to avoid disqualification, unless
efforts to correct the situation would be impossible or impractical. A
reasonable effort might include:
a.
Requesting a leave of absence to recover.
b. Requesting transfer to other duties which
are not detrimental to his health.
c. Requesting that unfavorable working
conditions be corrected.
2. A worker would leave with good cause
connected with his work if:
a. The injury or
impairment of health was caused by working conditions which are substantially
less favorable than those prevailing for similar work in the area; or
b. The job becomes too strenuous due to a
change in working conditions placed in effect by the employer after the worker
has established his ability to do the work for which he was hired.
3. A worker leaves for compelling
personal reasons not attributable to the employer if:
a. The work aggravates a health or physical
condition which existed prior to the claimant's acceptance of the job;
or
b. His services are terminated
as a result of compensable industrial injury, unless such injury was caused by
working conditions substantially less favorable than those prevailing for
similar work in the area; or
c. He
is absent because of illness or injury, which fact he has reported to the
employer, and during his absence he is replaced. Exception: If the disability
lasts for seven working days or less and the worker is replaced, the finding
shall be that the claimant was discharged for nondisqualifying
reasons.
4. As a general
rule the worker who quits because of a physical handicap which makes his work
too difficult for him leaves for a compelling personal reason not attributable
to the employer. The determination depends upon the extent to which the worker
is handicapped or to which the physical handicap increases his risk of injury
or illness. Among the factors to consider are:
a. Did the worker give the job a fair
trial?
b. Did he request a transfer
to other work which he could perform?
c. Is the work suitable, considering the
worker's health and safety?
5. If the employer changes the conditions of
work, making it unsuitable for the handicapped worker, he leaves with good
cause in connection with the work.
C. Pregnancy (V L 235.4)
1. A woman who quits work because of
pregnancy leaves voluntarily without good cause if the work was within her
physical limitations.
2. A woman
who quits because her work became too difficult due to her pregnancy separates
for a compelling personal reason provided that she had no reasonable
alternative such as:
a. Taking time off to
recover from a minor spell of inability such as morning sickness.
b. Transfer to less strenuous work.
3. A woman who quits because the
employer changes her work assignments so that the work is too difficult for her
to perform due to her pregnancy, leaves voluntarily with good cause in
connection with the work.
4. A
woman who is required by her employer to leave employment due to pregnancy,
whether or not there is an employer rule requiring such separation, is
discharged from employment. Such cases shall be considered under
R6-3-51235.
D. Risk of
illness or injury (V L 235.45)
1. If a
claimant quits because of an established risk to his health or safety, he
leaves with good cause in connection with the work. Such risk might be shown by
the employer's failure to comply with government requirements concerning
sanitation, temperature, ventilation, or safety regulations. This is a question
of fact which should be determined upon information from appropriate
governmental authorities.
2.
Standard and legally acceptable conditions of the industry may present undue
risks to the health or safety of an individual because of some health problem
peculiar to him. Such a leaving is for a compelling personal reason. Refer to
R6-3-5005(C) and R6-3-50235(B).
3.
A worker may leave employment merely because he fears that his health and
physical well being are endangered.
a. Such a
fear generally does not provide good cause for leaving unless the conditions of
the work are substantially less favorable than those prevailing for similar
work in the area. Refer to
R6-3-50235(B)
and
R6-3-50515(D).
b. The leaving must be rested for good cause.
Refer to
R6-3-50210.
Notes
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