UI Eligibility Expanded for Domestic Violence Victims (New for CA)

UNEMPLOYMENT INSURANCE ELIGIBILITY EXPANDED FOR DOMESTIC VIOLENCE VICTIMS February 7, 2011
As many of you already know, an employee who resigns from employment
is not entitled to receive unemployment insurance benefits, unless he or
she can establish “good cause.” Now, Assembly Bill 2364 has expanded
the “good cause” exception for victims of domestic violence. Prior to
this Bill being passed an employee who resigned from employment to
protect themselves or their children were not eligible to receive
benefits. That’s been changed. According to the new law, the protection
has been expanded to include other family members, such as registered
domestic partners, siblings, grandparents, grandchildren, son or
daughter-in-law, step children, foster children, and any guardian or
person with whom the claimant has assumed reciprocal rights, duties, and
liabilities of a parent child relationship or grandparent-grandchild
relationship.

Here’s the kicker. Since the passage of this bill has brought
California’s Unemployment Insurance Code into compliance with Federal
eligibility guidelines, California is now eligible to receive $559 million dollars under the American Recovery and Reinvestment Act.

[See links below]

http://paalistenup.wordpress.com/

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http://citizenwire.com/2010/10/01/ctw2756_141610.php
AB 2364 will bring California’s Unemployment Insurance Code into
compliance with federal eligibility guidelines which stipulate when an
individual may leave an employer due to domestic violence in their
family and still be able to qualify for unemployment insurance benefits.
Because this measure will conform California law to federal law, the
state will be eligible to receive $559 million dollars under the
American Recovery and Reinvestment Act.

According to the California Department of Justice, in 2009 there were
more than 167,000 officially reported incidences of domestic violence.
In California domestic violence is defined as “abuse committed against
an adult or a fully emancipated minor who is a spouse, former spouse,
cohabitant, former cohabitant, or person with whom the suspect has had a
child or is having or has had a dating or engagement relationship.”


One of the main reasons victims stay with, or return to, their
abusers is because they cannot afford to leave. AB 2364 will provide
some support so that victims of domestic violence can escape their
abusers.

Said Nava, “My bill will provide some financial stability to
families. It is the least we can do to help them overcome this
hardship.”
EDD General Release Letter Dated For 2011
1.(d.) AB 2364 Unemployment Insurance (UI) Good Cause, Domestic Violence:
Broadens the UI good cause provision related to domestic violence to include
individuals and their families (rather than individuals and their children).
http://www.edd.ca.gov/Disability/pdf/VP-General-Release-Letter-2011.pdf

Maybe this should be posted where members can ready see this?

I made it a "sticky" under the California forum. Very good info, thank you!

You're welcome. I was actually searching for something else and AB 2364 came up. Searched CA's EDD website for news on this which was not readily found. Unemployment insurance laws for each state regarding eligibility of domestic violence victims to claim UI benefits vary greatly and not all states recognize same. See list of these states in this link -- http://www.ncsl.org/default.aspx?tabid=13334

http://www.ncsl.org/default.aspx?tabid=13334

State Unemployment Laws for Domestic-Violence Victims

Currently, 21 states regulate the receipt of unemployment compensation by domestic-abuse victims.
The majority don't charge employers' UI accounts for compensation provided to those victims.

Here are the state laws:

California,
Connecticut, Delaware, Kansas, Maine, Massachusetts, Minnesota, Nebraska, New
York and North Carolina: Victims can quit their jobs to protect themselves or their
children from domestic violence and receive UI benefits.

Colorado: People who quit their jobs due to
domestic abuse can obtain benefits if they can document the abuse.

Hawaii: Allows unpaid leave of absence when
employee (or minor child) is a domestic-abuse victim.

Montana: Domestic violence victims are
eligible to receive UI benefits.

New Hampshire: Allows for UI benefits if employee
leaves work to escape domestic violence by relocating, or after attempting to
return and the employer is unable to rehire the person.

New Jersey, Rhode
Island and Wisconsin: In certain circumstances, domestic-abuse victims earn UI after quitting
a job.

Oregon: Allows domestic-violence victims to
collect benefits if health, safety or welfare would be endangered at current or
available workplaces.

South Carolina: Provides UI benefits to people
unemployed directly as a result of domestic abuse.

Washington: Allows UI benefits for victims of
domestic abuse or stalking.

Wyoming: Allows UI benefits for employees
forced to leave work due to documented domestic violence.

Source: National Conference of State
Legislatures

There may be additional states that have been added to the list and updated amendments on eligibility. Check with your UI office on this. Since domestic violence victims may need assistance in advocating for their rights, it would be helpful if these victims had an ally to go with them to the UI office to apply. Also, if you have questions, you can email National Employment Law Project at http://www.nelp.org/index.php/content/content_about_us/staff_list/ (select a staff member listing their e-mail address)