Ariz. Admin. Code § 6-3-50135.03

Current through Register Vol. 30, No. 43, October 25, 2024

Section R6-3-50135.03 - Quit or Discharge; Leave of Absence

A. "Leave of absence" means an agreement between an employer and a worker in which the employer promises the worker that the worker may return to work on a particular date or when a reasonably foreseeable event occurs.

1. A leave of absence agreement may be oral or written.

2. A leave of absence may, but is not required to be, based on a collective bargaining agreement or a company policy.

B. An agreement in which an employer offers a worker only a preference for rehire is not a leave of absence.

C. If a worker does not return to work at the end of a leave of absence for a definite period, the worker's reason for not returning determines the type of separation.

D. If a worker who is on a leave of absence for a definite period asks to return to work prior to the end of the leave, and work is not available until the leave ends, the separation is for a compelling personal reason.

E. If the worker described in subsection (D) later fails to return to work when the leave period ends, and work is available, the Department shall determine that the worker separated as of the 1st working day after the leave expires and shall determine whether to assess a disqualification based on the worker's reason for not returning to work.

F. A separation is a layoff when a worker on a leave of absence tries to return to work at the end of a definite leave period, or following a foreseeable event, but the employer has no work for the worker.

G. When a worker on a leave of absence applies for benefits without 1st notifying the employer of the worker's availability for work, the worker's reason for not attempting to return determines the type of separation.

Ariz. Admin. Code § R6-3-50135.03

Adopted effective July 22, 1997 (Supp. 97-3).