Ga. Comp. R. & Regs. R. 300-2-9-.10 - Quit Due to Family Violence; Forms of Evidence to Prove

Current through Rules and Regulations filed through April 4, 2022

(1) To establish good cause for quitting the claimant's most recent employer due to family violence under O.C.G.A. § 34-8-194, the claimant must show that family violence has occurred which has directly impacted the claimant's employment. Additionally, the claimant must provide reasonable documentation to the agency to verify facts pertaining to the family violence.

(a) For the purposes of O.C.G.A. 34-8-194, "family violence" shall have the same meaning as in O.C.G.A. 19-13-1, i.e., "family violence" is the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:

1. Any felony; or

2. Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.

The term "family violence" shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.

(b) For the purposes of O.C.G.A. 34-8-194, "family violence shelter" shall have the same meaning as in O.C.G.A. 19-13-20, i.e.,"family violence shelter" is a facility approved by the Criminal Justice Coordinating Council for the purpose of receiving, on a temporary basis, persons who are subject to family violence. Family violence shelters are distinguished from shelters operated for detention or placement of children only, as provided in subsection (c) of O.C.G.A. 15-11-135 and subsection (a) of O.C.G.A. 15-11-504.

(2) A claimant may establish good cause for quitting the claimant's most recent employer due to family violence by providing evidence that family violence directly impacted claimant's employment and that leaving the employer was either a condition of receiving services from a family violence shelter or a condition of receiving shelter as a resident of a family violence shelter. The following documents shall constitute reasonable documentation for verification under O.C.G.A. 34-8-194 and this subsection:

(a) A statement provided by a family violence shelter signed by an authorized representative of that family violence shelter stating that leaving the employer was a condition of the claimant receiving current services from the family violence shelter; or

(b) A statement provided by a family violence shelter signed by an authorized representative of that family violence shelter stating that leaving the employer was a condition of the claimant receiving current shelter as a resident of the family violence shelter.

(3) A claimant may also establish good cause for quitting the claimant's most recent employer due to family violence by providing evidence that, when considering the totality of circumstances, family violence directly impacted claimant's employment in such a manner that the claimant quit because claimant reasonably believed that continuing that employment would jeopardize the safety of the claimant or the safety of a member of the claimant's immediate family. The following evidence may constitute reasonable documentation for verification under O.C.G.A. 34-8-194 and this subsection:

(a) A certified copy of a restraining order or a certified copy of other Court documentation of equitable relief pertaining to the family violence, related to the claimant's reason for quitting, by a court of competent jurisdiction;

(b) A certified copy of a police report documenting recent abuse pertaining to the family violence related to the claimant's reason for quitting;

(c) Documentation that the abuser has been convicted of one or more of the offenses enumerated in O.C.G.A. § 19-13-1 pertaining to the family violence related to the claimant's reason for quitting; or

(d) Medical documentation of injuries from abuse pertaining to the family violence related to the claimant's reason for quitting.

(4) Where the claimant provides information indicating that the claimant quit due to family violence, the department shall contact the employer for the purpose of determining whether the claimant quit or was discharged for cause.

(5) All confidentiality requirements of state and federal law regarding information collected in the administration of the unemployment insurance, including but not limited to O.C.G.A. 34-8-120et seq. and 20 CFR 603, shall apply to information collected or received in adjudicating a claim under this rule.

Notes

Ga. Comp. R. & Regs. R. 300-2-9-.10

O.C.G.A. Secs. 34-8-70, 34-8-190, 34-8-191, 34-8-194.

Original Rule entitled "Quit Due to Family Violence; Forms of Evidence to Prove" adopted. F. Dec. 11, 2015; eff. Dec. 31, 2015.