Current through Register Vol. 35, No. 6, March 26, 2024
A. A
claimant is eligible for waiting period credit or benefits if the claimant
voluntarily leaves work due to circumstances directly resulting from domestic
abuse.
(1) "Domestic abuse" means abuse as
defined in Section
40-13-2
NMSA 1978, and includes but is not limited to any incident by a household
member against another household member resulting in: physical harm; severe
emotional distress; bodily injury or assault; a threat causing imminent fear of
bodily injury by any household member; criminal trespass; criminal damage to
property; repeatedly driving by a residence or work place; telephone
harassment; stalking; harassment, or harm or threatened harm to
children.
(2) "Household member"
means a spouse, former spouse, family member, including relative, parent,
present or former stepparent, present or former in-law, child or co-parent of a
child, intimate partner or a person with whom the claimant has had a continuing
personal relationship. Cohabitation is not necessary to be deemed a household
member.
B.
Documentation: The claimant shall provide documentation satisfactory to the
department for the determination of whether the claimant has experienced
domestic abuse for purposes of benefit eligibility. The documentation shall be
of a competent nature, reasonably susceptible to verification and bearing
indicia of credibility. The documentation shall include a sworn statement by
the claimant regarding the domestic abuse. The documentation may include
information from individuals or organizations from whom the claimant has sought
assistance for the domestic abuse, including but not limited to police or court
records, documentation from a shelter worker, attorney at law, a member of the
clergy, physician or other medical or mental health practitioner. If upon
review of the claimant's documentation, the department determines that further
verification is warranted, the department may require additional supporting
documentation.
C. Determination: To
be eligible for benefits as a result of domestic violence, the department must
first determine that the claimant is monetarily eligible . The existence of
domestic violence shall be established by a preponderance of the evidence.
(1) Factors to be considered in determining
if claimant voluntarily leaves work as a result of domestic violence include
but are not limited to whether: claimant reasonably fears domestic abuse at or
en route to or from claimant's place of employment; claimant reasonably is
required to relocate to another geographic area to avoid future domestic abuse;
claimant reasonably believes that leaving employment is necessary for the
future safety of the claimant or the claimant's family due to the domestic
abuse; the abuse itself interfered with claimant's ability to work, travel or
prepare for work; claimant reasonably left the labor market to escape such
abuse; the abuse occurred at claimant's place of employment; the abuser's
relatives or friends or the abuser were co-workers of claimant or otherwise
present at the worksite; claimant informed the employer and gave the employer
the opportunity to ameliorate the domestic abuse within a reasonable period of
time, but the employer would not or could not do so; claimant has filed a civil
or criminal proceeding against an alleged abuser; however nothing in this
provision shall be construed as requiring the filing of a civil or criminal
proceeding as a prerequisite to establishing the existence of domestic
violence.
(2) Claimant must
indicate at the time of filing the claim that the reason for leaving employment
was as a result of qualifying domestic abuse.
(3) Claimant must provide evidence tending to
prove the existence of qualifying domestic abuse within 10 days of the filing
of the claim.
(4) Claimant will be
eligible to receive benefits retroactively to the date of filing if adequate
documentation is received within 10 days of the filing of the claim, if
otherwise eligible for benefits.
(5) If no documentation is received within 10
days of the filing of the claim, an initial determination will be issued
denying the claim on the basis of domestic abuse.
(6) If claimant subsequently submits
documentation tending to demonstrate the existence of domestic abuse, a
determination will be made on the basis of the subsequent documentation
submitted. Claimant will not be eligible to receive benefits retroactively to
the date of filing but will be eligible to receive benefits retroactively to
the date of submission of the subsequent documentation supporting domestic
abuse.
(7) Only an alleged victim
of domestic abuse may obtain benefits under this provision; an alleged
perpetrator may not.
D.
If domestic abuse is proven, a determination will be issued identifying
domestic abuse as the reason for the separation and a contributing employer's
account will not be charged any portion of benefits paid.
