§ 41-35-125 — Benefits for individuals unemployed as a result of domestic abuse.

South Carolina § 41-35-125

• Jurisdiction: South Carolina
• Title 41: LABOR AND EMPLOYMENT
• Ch. 35: EMPLOYMENT AND WORKFORCE—BENEFITS AND CLAIMS

Text

(A)(1) Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the department finds that the individual has left work voluntarily or has been discharged because of circumstances directly resulting from domestic abuse and: (a) reasonably fears future domestic abuse at or en route to the workplace; (b) needs to relocate to avoid future domestic abuse; or (c) reasonably believes that leaving work is necessary for his safety or the safety of his family. (2) When determining if an individual has experienced domestic abuse for the purpose of receiving unemployment compensation, the department must require him to provide documentation of domestic abuse such as police or court records or other documentation of abuse from a shelter worker, attorney, member of the clergy, or medical or other professional from whom the individual has sought assistance. (3) Documentation or evidence of domestic abuse acquired by the department pursuant to this section must be kept confidential unless consent for disclosure is given, in writing, by the individual. (B)(1) Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the department finds that the individual was separated from employment due to compelling family circumstances. (2) For the purposes of this subsection: (a) "Immediate family member" means a claimant's spouse, parents, or dependent children. (b) "Illness" means a verified illness that necessitates the care of the ill person for a period of time that exceeds the amount of time the employer will provide paid or unpaid leave. (c) "Disability" means a verified disability which necessitates the care of the disabled person for a period of time longer than the employer is willing to grant paid or unpaid leave. Disability encompasses all types of disability, including mental and physical disabilities, permanent and temporary disabilities, and partial and total disabilities. (d) "Compelling family circumstances" means: (i) that a claimant was separated from employment with the employer because of the illness or disability of the claimant and, based upon available information, the department finds that it was medically necessary for the claimant to stop working or change occupations; (ii) the claimant was separated from work due to the illness or disability of an immediate family member; and (iii) the claimant's spouse was transferred or employed in another city or state, the family is required to move to the location of that job, the location is outside the commuting distance of the claimants previous employment, and the claimant separates from employment in order to move to the new location with his spouse.

Legislative History

HISTORY: 2005 Act No. 50, SECTION 1, eff May 3, 2005; 2010 Act No. 146, SECTION 78, eff March 30, 2010; 2010 Act No. 234, SECTION 10, eff January 1, 2011; 2011 Act No. 63, SECTION 10, eff June 14, 2011. Effect of Amendment The first 2010 amendment, 2010 Act No. 146, SECTION 78, substituted "department" for three occurrences of "commission"; and made other nonsubstantive changes. The second 2010 amendment, 2010 Act No. 234, SECTION 10, inserted the subsection identifiers and added subsection (B) relating to compelling family circumstances. The 2011 amendment in subsection (A)(2) substituted "such as" for "including, but not limited to,"; and rewrote subsection (B).