§ 204.022 — EXCLUSIONS FROM CHARGEBACKS.

Texas § 204.022

• Jurisdiction: Texas
• Code LA: Labor Code

Text

Sec. 204.022. EXCLUSIONS FROM CHARGEBACKS. (a) Benefits computed on benefit wage credits of an employee or former employee may not be charged to the account of an employer if the employee's last separation from the employer's employment before the employee's benefit year:
(1) was required by a federal statute;
(2) was required by a statute of this state or an ordinance of a municipality of this state;
(3) would have disqualified the employee under Section 207.044 , 207.045 , 207.051 , or 207.053 if the employment had been the employee's last work;
(4) imposes a disqualification under Section 207.044 , 207.045 , 207.051 , or 207.053 ;
(5) was caused by a medically verifiable illness of the employee or the employee's minor child;
(6) was based on a natural disaster that results in a disaster declaration by the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.), if the employee would have been entitled to unemployment assistance benefits under Section 410 of that act (42 U.S.C. Section 5177) had the employee not received state unemployment compensation benefits;
(7) was caused by a natural disaster, fire, flood, or explosion that causes employees to be separated from one employer's employment;
(8) was based on a disaster that results in a disaster declaration by the governor under Section 418.014 , Government Code;
(9) resulted from the employee's resigning from partial employment to accept other employment that the employee reasonably believed would increase the employee's weekly wage;
(10) was caused by the employer being called to active military service in any branch of the United States armed forces on or after January 1, 2003;
(11) resulted from the employee leaving the employee's workplace to protect the employee from family violence or stalking or the employee or a member of the employee's immediate family from violence related to a sexual assault as evidenced by:
(A) an active or recently issued protective order documenting sexual assault of the employee or a member of the employee's immediate family or family violence against, or the stalking of, the employee or the potential for family violence against, or the stalking of, the employee;
(B) a police record documenting sexual assault of the employee or a member of the employee's immediate family or family violence against, or the stalking of, the employee;
(C) a physician's statement or other medical documentation that describes the sexual assault of the employee or a member of the employee's immediate family or family violence against the employee that:
(i) is recorded in any form or medium that identifies the employee or member of the employee's immediate family, as applicable, as the patient; and
(ii) relates to the history, diagnosis, treatment, or prognosis of the patient; or
(D) written documentation from a family violence center or rape crisis center that describes the sexual assault of the employee or a member of the employee's immediate family or family violence against the employee;
(12) resulted from a move from the area of the employee's employment that:
(A) was made with the employee's spouse who is a member of the armed forces of the United States; and
(B) resulted from the spouse's permanent change of station of longer than 120 days or a tour of duty of longer than one year;
(13) was caused by the employee being unable to perform the work as a result of a disability for which the employee is receiving disability insurance benefits under 42 U.S.C. Section 423;
(14) resulted from the employee leaving the employee's workplace to care for the employee's terminally ill spouse as evidenced by a physician's statement or other medical documentation, but only if no reasonable, alternative care was available;
(15) was caused by the employer's reinstatement of a qualified uniformed service member with reemployment rights and benefits and other employment benefits in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section 4301 et seq.);
(16) was caused by the employee being called to provide service in the uniformed services, as defined by 38 U.S.C. Section 4303, or in the Texas military forces, as defined by Section 437.001 , Government Code, unless the employer has been found to be in violation of reemployment provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section 4301 et seq.) or Section 437.204 , Government Code, with respect to the employee; or
(17) was due to a reason that:
(A) constitutes an involuntary separation under Section 207.046 (a)(1); and
(B) does not constitute good cause connected with the employee's work under Section 207.045 for the employee to voluntarily leave the employment.
(a-1) Benefits computed on benefit wage credits of an employee or former employee may not be charged to the account of an employer if:
(1) the employment did not constitute suitable work for the employee, as determined under Section 207.008 ; and
(2) the employee worked for the employer for less than four weeks.
(a-2) Benefits computed on benefit wage credits of an employee may not be charged to the account of an employer if the employee continued to work the employee's customary hours for the employer when the employee's benefit year began. This subsection does not apply to a claim for unemployment benefits made under Chapter 215 .
(b) For the purpose of this section, if an employee's last separation from the employment of an employer is a separation for which the employee was determined to have been disqualified under Section 207.048 , the employee's last separation from the employment of that employer is considered to be the next later separation from the employment of that employer.
(c) Except as provided by law, evidence regarding an employee described by Subsection (a)(11) may not be disclosed to any person without the consent of the employee.
(d) For purposes of Subsection (a)(11):
(1) "Family violence" has the meaning assigned by Section 71.004 , Family Code.
(2) "Stalking" means conduct described by Section 42.072 , Penal Code.
(3) "Immediate family" means an individual's parent, spouse, or child under the age of 18.
(4) "Sexual assault" means conduct described by Section 22.011 or 22.021 , Penal Code.
(5) "Family violence center" has the meaning assigned by Section 51.002 , Human Resources Code.
(e) Benefits may not be charged to the account of an employer, regardless of whether the liability for the chargeback arises in the employee's current benefit year or in a subsequent benefit year, if the employee's last separation from the employer's employment before the employee's benefit year was or would have been excepted from disqualification under Section 207.023 (b)(2) or 207.045 (j).
(f) Shared work benefits paid under Chapter 215 may not be charged to the account of an employer if the benefits are reimbursed by the federal government under the federal Layoff Prevention Act of 2012 (Pub. L. No. 112-96, Subtitle D, Title II).

Legislative History

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 93, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 77, Sec. 1, eff. May 15, 2003; Acts 2003, 78th Leg., ch. 526, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 817, Sec. 7A.01, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 39 (S.B. 1342 ), Sec. 1, eff. May 9, 2005. Acts 2005, 79th Leg., Ch. 493 (H.B. 481 ), Sec. 2, eff. June 17, 2005. Acts 2005, 79th Leg., Ch. 728 (H.B. 2018 ), Sec. 12.0015, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167 ), Sec. 10.001, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167 ), Sec. 10.002, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1180 (H.B. 550 ), Sec. 1, eff. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. 1180 (H.B. 550 ), Sec. 2, eff. June 15, 2007. Acts 2011, 82nd Leg., R.S., Ch. 26 (S.B. 439 ), Sec. 1, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 13 (H.B. 2035 ), Sec. 1, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 59 (H.B. 1550 ), Sec. 1, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 310 (H.B. 1580 ), Sec. 1, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 841 (H.B. 26 ), Sec. 1, eff. June 14, 2013. Acts 2013, 83rd Leg., R.S., Ch. 841 (H.B. 26 ), Sec. 2, eff. June 14, 2013. Acts 2013, 83rd Leg., R.S., Ch. 888 (H.B. 916 ), Sec. 1, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1398 (H.B. 2034 ), Sec. 1, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296 ), Sec. 21.001(39), eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 375 (S.B. 818 ), Sec. 1, eff. September 1, 2021.