Ariz. Admin. Code § 6-3-50235
Current through Register Vol. 30, No. 43, October 25, 2024
Section R6-3-50235 - Health or Physical Condition (v L 235)A. General (V L 235.05) 1. Leaving work due to health or physical conditions may be for:a. Compelling personal reasons; orb. Good cause in connection with the work.2. A contention that a leaving is for reasons of health or physical conditions must be substantiated. Supporting evidence may be:a. Doctor's statement; orb. Employer or witness statement; orc. Adjudicator's observation.3. All separations from work caused by illness or physical disability raises a question of ability to work. This issue should be investigated and determined under R6-3-52235.B. Illness or injury (V L 235.25) 1. A worker who quits because his health or physical condition is adversely affected by the conditions of work must make a reasonable effort to correct the situation to avoid disqualification, unless efforts to correct the situation would be impossible or impractical. A reasonable effort might include: a. Requesting a leave of absence to recover.b. Requesting transfer to other duties which are not detrimental to his health.c. Requesting that unfavorable working conditions be corrected.2. A worker would leave with good cause connected with his work if:a. The injury or impairment of health was caused by working conditions which are substantially less favorable than those prevailing for similar work in the area; orb. The job becomes too strenuous due to a change in working conditions placed in effect by the employer after the worker has established his ability to do the work for which he was hired.3. A worker leaves for compelling personal reasons not attributable to the employer if: a. The work aggravates a health or physical condition which existed prior to the claimant's acceptance of the job; orb. His services are terminated as a result of compensable industrial injury, unless such injury was caused by working conditions substantially less favorable than those prevailing for similar work in the area; orc. He is absent because of illness or injury, which fact he has reported to the employer, and during his absence he is replaced. Exception: If the disability lasts for seven working days or less and the worker is replaced, the finding shall be that the claimant was discharged for nondisqualifying reasons.4. As a general rule the worker who quits because of a physical handicap which makes his work too difficult for him leaves for a compelling personal reason not attributable to the employer. The determination depends upon the extent to which the worker is handicapped or to which the physical handicap increases his risk of injury or illness. Among the factors to consider are: a. Did the worker give the job a fair trial?b. Did he request a transfer to other work which he could perform?c. Is the work suitable, considering the worker's health and safety?5. If the employer changes the conditions of work, making it unsuitable for the handicapped worker, he leaves with good cause in connection with the work.C. Pregnancy (V L 235.4) 1. A woman who quits work because of pregnancy leaves voluntarily without good cause if the work was within her physical limitations.2. A woman who quits because her work became too difficult due to her pregnancy separates for a compelling personal reason provided that she had no reasonable alternative such as:a. Taking time off to recover from a minor spell of inability such as morning sickness.b. Transfer to less strenuous work.3. A woman who quits because the employer changes her work assignments so that the work is too difficult for her to perform due to her pregnancy, leaves voluntarily with good cause in connection with the work.4. A woman who is required by her employer to leave employment due to pregnancy, whether or not there is an employer rule requiring such separation, is discharged from employment. Such cases shall be considered under R6-3-51235.D. Risk of illness or injury (V L 235.45)1. If a claimant quits because of an established risk to his health or safety, he leaves with good cause in connection with the work. Such risk might be shown by the employer's failure to comply with government requirements concerning sanitation, temperature, ventilation, or safety regulations. This is a question of fact which should be determined upon information from appropriate governmental authorities.2. Standard and legally acceptable conditions of the industry may present undue risks to the health or safety of an individual because of some health problem peculiar to him. Such a leaving is for a compelling personal reason. Refer to R6-3-5005(C) and R6-3-50235(B).3. A worker may leave employment merely because he fears that his health and physical well being are endangered.a. Such a fear generally does not provide good cause for leaving unless the conditions of the work are substantially less favorable than those prevailing for similar work in the area. Refer to R6-3-50235(B) and R6-3-50515(D).b. The leaving must be rested for good cause. Refer to R6-3-50210.Ariz. Admin. Code § R6-3-50235
Former Rule number -- Voluntary Leaving 235. - 235.45. Former Rule repealed, new Section R6-3-50235 adopted effective January 24, 1977 (Supp. 77-1). Amended effective February 15, 1978 (Supp. 78-1). Amended effective August 3, 1978 (Supp. 78-4). Amended subsection (B), paragraph (3), subparagraph (b) and repealed subsection (B), paragraph (6) effective July 24, 1980 (Supp. 80-4). Amended subsection (D) effective July 24, 1981 (Supp. 81-4).