§ 207.046 — INVOLUNTARY SEPARATION.

Texas § 207.046

• Jurisdiction: Texas
• Code LA: Labor Code

Text

Sec. 207.046. INVOLUNTARY SEPARATION. (a) An individual is not disqualified for benefits under this subchapter if:
(1) the work-related reason for the individual's separation from employment was urgent, compelling, and necessary so as to make the separation involuntary;
(2) the individual leaves the workplace to protect the individual from family violence or stalking or the individual or a member of the individual'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 individual or a member of the individual's immediate family or family violence against, or the stalking of, the individual or the potential for family violence against, or the stalking of, the individual;
(B) a police record documenting sexual assault of the individual or a member of the individual's immediate family or family violence against, or the stalking of, the individual;
(C) a physician's statement or other medical documentation that describes the sexual assault of the individual or a member of the individual's immediate family or family violence against the individual that:
(i) is recorded in any form or medium that identifies the individual or member of the individual'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 individual or a member of the individual's immediate family or family violence against the individual;
(3) the individual leaves the workplace to care for the individual's terminally ill spouse as evidenced by a physician's statement or other medical documentation, but only if no reasonable, alternative care was available; or
(4) the individual's separation from employment was caused by the individual being called to provide:
(A) service in the uniformed services, as defined by 38 U.S.C. Section 4303; or
(B) service in the Texas military forces, as defined by Section 437.001 , Government Code.
(b) Except as provided by law, evidence regarding an employee described by Subsection (a)(2) may not be disclosed to any person without the consent of the employee.
(c) In this section:
(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.

Legislative History

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 817, Sec. 7A.04, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1180 (H.B. 550 ), Sec. 3, eff. June 15, 2007. Acts 2013, 83rd Leg., R.S., Ch. 841 (H.B. 26 ), Sec. 3, eff. June 14, 2013. Acts 2013, 83rd Leg., R.S., Ch. 841 (H.B. 26 ), Sec. 4, eff. June 14, 2013. Acts 2021, 87th Leg., R.S., Ch. 375 (S.B. 818 ), Sec. 2, eff. September 1, 2021.