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 503.09 - Leaving Employment to Accompany Spouse

Universal Citation: NH Admin Rules Emp 503.09

Current through Register No. 40, October 3, 2024

(a) The purpose of Emp 503.09 is to implement RSA 282-A:32,I(a)(5).

(b) An individual who leaves the individual's employment to accompany his or her spouse shall not be disqualified for benefits due to such leaving of employment where:

(1) The location of the spouse's employment changed; and

(2) It would have been impractical for the individual to commute from the individual's and spouse's new residence to the individual's employment.

(c) There shall be a presumption that it would have been impractical for the individual to commute from the individual's and spouse's new residence to the individual's employment if:

(1) The distance of the commute from the individual's and spouse's new residence to the individual's employment would have exceeded 50 miles; or

(2) The time necessary to commute utilizing the means of transportation reasonably available to the individual, from the individual's and spouse's new residence to the individual's employment, would have exceeded 50 minutes.

(d) The presumption at Emp 503.09(c) shall be overcome if the commissioner finds after consideration of the means of transportation reasonably available to the individual at both the individual's prior residence and the individual's new residence that:

(1) The commute from the individual's and spouse's new residence to the individual's employment would have been consistent with the commuting patterns of the locality of such new residence; or

(2) The time and distance of the commute from the individual's and spouse's new residence to the individual's employment would not have been greater than the time and distance of the commute from the individual's former residence to the individual's employment.

(e) Factors to be considered by the commissioner in determining the commuting patterns of the locality of the individual's and spouse's new residence shall include but not be limited to information which is available concerning:

(1) The geographical area of such residence;

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

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

(4) The geographical area which encompasses employers which provide jobs of the type which the individual 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.

#9629, INTERIM, eff 12-30-09, EXPIRED: 6-28-10

New. #9746, eff 7-1-10

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.