New Hampshire Code of Administrative Rules
Emp - Commissioner, Department of Employment Security
Chapter Emp 500 - CLAIMANT REQUIREMENTS
Part Emp 503 - TERMINATION OF EMPLOYMENT
Section Emp 503.06 - Leaving Employment Necessary Due to Domestic Abuse

Universal Citation: NH Admin Rules Emp 503.06

Current through Register No. 40, October 3, 2024

(a) The purpose of Emp 503.06 is to implement RSA 282-A:32, I(a)(3).

(b) "Domestic abuse" means "abuse" as defined in RSA 173-B:1, I, by a family or household member or a former sexual or intimate partner.

(c) "Family or household member" means "family or household member" as defined in RSA 173-B:1, X.

(d) "Immediate family" means spouse, parent, and minor child under the age of 18 whether the relationship is a biological, adoption, step-, half-, or in-law relationship.

(e) "Intimate partner" means "intimate partner" as defined in RSA 173-B:1, XV.

(f) The fact of domestic abuse shall be established by a preponderance of the evidence.

(g) The department shall verify the existence of domestic abuse through reasonable documentation.

(h) If the claimant has sought assistance in addressing domestic abuse from a counselor, shelter worker, attorney, member of the clergy, health worker, or other professional, reasonable documentation shall include documentation from such professional.

(i) In addition to reasonable documentation under Emp 503.06(h), the department shall accept any other evidence that reasonably tends to prove domestic abuse.

(j) The department shall accept as evidence of domestic abuse, but shall not require:

(1) An active or recently issued protective or other order documenting domestic abuse; or

(2) A police record documenting relevant domestic violence.

(k) Each determination under this section shall be decided on its own merits taking into consideration the specific facts and circumstances of the claimant, the employment, and the abuse involved.

(l) Upon an affirmative finding of the fact of domestic abuse, the separation from employment shall not be disqualifying if the commissioner determines that:

(1) The claimant reasonably believed the separation from employment was necessary to protect the claimant or any member of the claimant's immediate family from domestic abuse; or

(2) The claimant moved to a location from which it would be impractical for him or her to commute to the claimant's former employment in order, and based on a reasonable belief that moving to the location was necessary, to protect the claimant or any member of the claimant's immediate family from domestic abuse.

(m) The factors in (n) shall be considered by the commissioner in making the determination under paragraph (l) on a totality of the circumstances basis, and the presence or absence of one or more of the factors shall not be controlling.

(n) Factors to be considered shall include but not be limited to whether:

(1) The abuse, or the effects of the abuse, interfered with the claimant's ability to work, travel, or prepare for work;

(2) The claimant or any member of the claimant's immediate family needed to hide from the abuser at a shelter or elsewhere in order to be safe;

(3) The abuse occurred as a consequence of the claimant going to work; and

(4) The failure of the claimant to separate from employment would make it more likely that the claimant or any member of the claimant's immediate family would be the victim of domestic abuse.

(o) There shall be a presumption under Emp 503.06(l)(2)that it would be impractical for the claimant to commute to the claimant's former employment if:

(1) The distance of the commute from the location to which the claimant moved to the claimant's employment would have exceeded 50 miles; or

(2) The time necessary to commute utilizing the means of transportation reasonably available to the claimant from the location to which the claimant moved to the claimant's employment would have exceeded 50 minutes.

(p) The presumption at Emp 503.06(o) shall be overcome if the commissioner finds after consideration of the means of transportation reasonably available to the claimant at the location to which the claimant moved:

(1) The commute from the location to which the claimant moved to the claimant's employment would have been consistent with the commuting patterns of the locality of such new location; or

(2) The time and distance of the commute from the location to which the claimant moved to the claimant's employment would not have been greater than the time and distance of the claimant's former commute to the claimant's employment.

(q) Factors to be considered by the commissioner in determining the commuting patterns of the location to which the claimant moved shall include but not be limited to information which is available concerning:

(1) The geographical area of such location;

(2) The average commuting distance of other individuals in the same location;

(3) The means of transportation available to individuals in the same location;

(4) The geographical area which encompasses employers which provide jobs of the type which the claimant is seeking; and

(5) Any other factor which helps in ascertaining the distance, time, cost, and means of transportation commonly experienced by others living in the locality who offer similar or related skills or services.

#6833, INTERIM, eff 8-25-98, EXPIRED: 12-23-98; ss by #6868, eff 10-17-98, EXPIRED: 10-17-06

New. #8949, eff 7-21-07; ss by #9629, INTERIM, eff 12-30-09, EXPIRED: 6-28-10

New. #9746, eff 7-1-10

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