(a) For
purposes of this section, the following definitions shall apply:
(1) "Abuser" means a family or household
member or a current or former sexual partner who engages in the domestic
violence, which includes the forms of conduct described in subsection (2) of
this section;
(2) "Victim of
domestic violence," as defined in section
17b-112a(1)
of the Connecticut General Statutes, as amended from time to time, means a
person who has been battered or subjected to extreme cruelty by (A) physical
acts that resulted in or were threatened to result in physical injury, (B)
sexual abuse, (C) sexual activity involving a child in the home, (D) being
forced to participate in nonconsensual sexual acts or activities, (E) threats
of or attempts at physical or sexual abuse, (F) mental abuse, or (G) neglect or
deprivation of medical care; and
(3) "Family or household member" means an
individual who falls within any of the categories, as defined in section
46b-38a(2)
of the Connecticut General Statutes, as amended from time to time:
(A) spouse, former spouse;
(B) parents and their children;
(C) persons eighteen years of age or older
related by blood or marriage;
(D)
persons sixteen years of age or older other than those persons in subdivision
(C) of this subsection presently residing together or who have resided
together;
(E) persons who have a
child in common regardless of whether they are or have been married or have
lived together at any time; and
(F)
persons in, or who have recently been in, a dating relationship.
(4) "Child" means natural child,
adopted child, stepchild, legal ward of the individual, or any child found to
be a dependent under section
31-234 of
the Connecticut General Statutes.
(5) "Parent" means the individual's natural
parent, adoptive parent, step-parent, parent-in-law or any person who served as
the individual's legal guardian through the age of majority.
(6) "Spouse" means the individual's partner
in a marriage or civil union legally recognized by the state of
Connecticut.
(b) The
Administrator shall not disqualify an individual from receiving benefits
because the individual left suitable work to protect the individual, the
individual's child, the individual's spouse or the individual's parent from
becoming or remaining a victim of domestic violence, as defined in subsection
(a) of this section, provided such individual has made reasonable efforts to
preserve the employment.
(c)
(1) The Administrator shall consider the
specific facts and circumstances of the individual, the employment, and the
domestic violence involved in determining eligibility under this section. The
individual shall provide the Administrator with available evidence necessary to
support the individual's claim that he or she left the employment in order to
protect the individual, the individual's child, the individual's spouse or the
individual's parent from becoming or remaining a victim of domestic violence.
Evidence of domestic violence may include, but is not limited to:
(A) police, government agency or court
records;
(B) documentation from a
shelter worker, legal, medical, clerical or other professional from whom the
individual has sought assistance in dealing with domestic violence; or
(C) a statement from an individual
with knowledge of the circumstances which provide the basis for the claim of
domestic violence.
(2)
An individual's allegations of domestic violence, if found credible by the
Administrator or trier of fact, may be sufficient to make an affirmative
determination of the fact of domestic violence.
(3) The filing of a civil or criminal
complaint against the alleged abuser shall not be required as a prerequisite in
order to establish the fact of domestic violence. Nor shall such complaint be
required to establish reasonable efforts to preserve the employment.
(4) Upon an affirmative determination of the
fact of domestic violence, the Administrator shall determine whether or not the
reason the individual left employment was to protect the individual, the
individual's child, the individual's spouse or the individual's parent from
becoming or remaining a victim of domestic violence.
(d) In assessing whether the individual made
reasonable efforts to preserve employment, the Administrator shall consider:
(1) Whether it was feasible under the
circumstances for the individual to inform the employer of the domestic
violence or threat of domestic violence; and
(2) If so, whether the employer was actually
informed; and
(3) Whether the
employer responded by offering the individual continuing employment which would
not compromise the safety of the individual, the individual's child, the
individual's spouse or the individual's parent.
(e) When the individual reasonably believed
that preserving employment would, itself, expose the individual, the
individual's child, the individual's spouse or the individual's parent to a
safety risk, the Administrator may conclude that no efforts to preserve
employment would be reasonable.
(f)
When the individual reasonably believed that relocation was necessary to ensure
the safety of the individual, the individual's child, the individual's spouse
or the individual's parent and such relocation interfered with the individual's
ability to preserve employment, the Administrator may conclude that no efforts
to preserve employment would be reasonable.
(g) A finding of nondisqualification under
this Section does not relieve the individual of the responsibility to comply
with the eligibility requirements enumerated in section
31-235
of the Connecticut General Statutes during any week for which benefits are
claimed.
