33. Did the Claimant Need to Leave Work Or Was the Claimant Fired Due to Domestic Violence?

Domestic violence frequently spills into the workplace; 96 percent of employed victims of domestic violence experience some kind of work-related problem due to violence. Victims may need to take time off from work to participate in criminal and civil legal proceedings and to address the effects of domestic violence such as relocating their family or obtaining medical care.

Chapter 69 of the Acts of 2001, An Act Relative to the Eligibility for Unemployment Benefits for Victims of Domestic Violence, made numerous important changes to the unemployment law, resulting in the payment of benefits to individuals whose separation from work is attributable to domestic violence or the need to deal with the physical, psychological or legal effects of domestic violence on the worker and his or her family.

The statute extends special considerations and eligibility provisions for victims of domestic violence which are found in the: voluntary quit provisions, leaving work for "urgent and compelling" personal reasons, the discharge analysis, able and available and suitability requirements, and access to training. For example, voluntary quit provisions now clearly provide for eligibility if an individual leaves a job because: (1) the individual fears future domestic violence at or en route to and from the individual's place of employment; (2) the individual needs to relocate to another geographical area in order to avoid domestic violence; (3) the individual needs to address the physical, psychological and legal effects of domestic violence; (4) the individual needs to leave employment as a condition of receiving services or shelter from an agency which provides support or shelter to victims of domestic violence; or (5) the individual's leaving is due in any other respect to a reasonable belief that terminating employment is necessary to ensure his or her safety or the safety of his or her family. G.L. c. 151A, § 25(e), ¶ 7.

An individual who is fired is also eligible for benefits if he or she can show that the firing was due to circumstances resulting from domestic violence, including the individual's need to address the physical, psychological or legal effects of domestic violence. G.L. c. 151A, § 25(e), ¶ 2.

Additionally, the law now addresses an issue which previously resulted in UI denials. In order to qualify for UI, an individual must show he or she is "able and available" for suitable work. This law modifies the requirement by limiting availability to availability for work which is determined suitable only if the employer reasonably accommodates the individual's need to address the physical, psychological and legal effects of domestic violence. G.L. c. 151A, § 25(c), ¶ 2.

DUA has expanded access to training opportunities for victims of domestic violence by tolling the requirement that an individual must apply for approved training within the first 15 weeks of the unemployment claim if the delay is related to addressing the effects of domestic violence. G.L. c. 151A, § 30(c).

Advocacy note: The revised Service Representatives Handbook has excellent sections on how domestic violence issues should be handled, emphasizing the need for sensitivity and ensuring a claimant's privacy. SRH §§ 1043, 1231-33 and 1338. However, the SRH sections on discharge fail to include any language concerning domestic violence.  If a client reveals domestic violence, and this issue has not previously come to the attention of DUA, contact the Policy and Determinations unit. It is not necessary to prove that the employee divulged the domestic violence to her employer prior to leaving.