Section 31-236-23a - Voluntary leaving to escape domestic violence(a) For purposes of this section, the following definitions shall apply: (1) "Abuser" means a family or household member or a current or former sexual partner who engages in the domestic violence, which includes the forms of conduct described in subsection (2) of this section;(2) "Victim of domestic violence," as defined in section 17b-112a(1) of the Connecticut General Statutes, as amended from time to time, means a person who has been battered or subjected to extreme cruelty by (A) physical acts that resulted in or were threatened to result in physical injury, (B) sexual abuse, (C) sexual activity involving a child in the home, (D) being forced to participate in nonconsensual sexual acts or activities, (E) threats of or attempts at physical or sexual abuse, (F) mental abuse, or (G) neglect or deprivation of medical care; and(3) "Family or household member" means an individual who falls within any of the categories, as defined in section 46b-38a(2) of the Connecticut General Statutes, as amended from time to time: (A) spouse, former spouse; (B) parents and their children; (C) persons eighteen years of age or older related by blood or marriage; (D) persons sixteen years of age or older other than those persons in subdivision (C) of this subsection presently residing together or who have resided together; (E) persons who have a child in common regardless of whether they are or have been married or have lived together at any time; and (F) persons in, or who have recently been in, a dating relationship.(4) "Child" means natural child, adopted child, stepchild, legal ward of the individual, or any child found to be a dependent under section 31-234 of the Connecticut General Statutes.(5) "Parent" means the individual's natural parent, adoptive parent, step-parent, parent-in-law or any person who served as the individual's legal guardian through the age of majority.(6) "Spouse" means the individual's partner in a marriage or civil union legally recognized by the state of Connecticut.(b) The Administrator shall not disqualify an individual from receiving benefits because the individual left suitable work to protect the individual, the individual's child, the individual's spouse or the individual's parent from becoming or remaining a victim of domestic violence, as defined in subsection (a) of this section, provided such individual has made reasonable efforts to preserve the employment.(c)(1) The Administrator shall consider the specific facts and circumstances of the individual, the employment, and the domestic violence involved in determining eligibility under this section. The individual shall provide the Administrator with available evidence necessary to support the individual's claim that he or she left the employment in order to protect the individual, the individual's child, the individual's spouse or the individual's parent from becoming or remaining a victim of domestic violence. Evidence of domestic violence may include, but is not limited to: (A) police, government agency or court records; (B) documentation from a shelter worker, legal, medical, clerical or other professional from whom the individual has sought assistance in dealing with domestic violence; or (C) a statement from an individual with knowledge of the circumstances which provide the basis for the claim of domestic violence.(2) An individual's allegations of domestic violence, if found credible by the Administrator or trier of fact, may be sufficient to make an affirmative determination of the fact of domestic violence.(3) The filing of a civil or criminal complaint against the alleged abuser shall not be required as a prerequisite in order to establish the fact of domestic violence. Nor shall such complaint be required to establish reasonable efforts to preserve the employment.(4) Upon an affirmative determination of the fact of domestic violence, the Administrator shall determine whether or not the reason the individual left employment was to protect the individual, the individual's child, the individual's spouse or the individual's parent from becoming or remaining a victim of domestic violence.(d) In assessing whether the individual made reasonable efforts to preserve employment, the Administrator shall consider: (1) Whether it was feasible under the circumstances for the individual to inform the employer of the domestic violence or threat of domestic violence; and(2) If so, whether the employer was actually informed; and(3) Whether the employer responded by offering the individual continuing employment which would not compromise the safety of the individual, the individual's child, the individual's spouse or the individual's parent.(e) When the individual reasonably believed that preserving employment would, itself, expose the individual, the individual's child, the individual's spouse or the individual's parent to a safety risk, the Administrator may conclude that no efforts to preserve employment would be reasonable.(f) When the individual reasonably believed that relocation was necessary to ensure the safety of the individual, the individual's child, the individual's spouse or the individual's parent and such relocation interfered with the individual's ability to preserve employment, the Administrator may conclude that no efforts to preserve employment would be reasonable.(g) A finding of nondisqualification under this Section does not relieve the individual of the responsibility to comply with the eligibility requirements enumerated in section 31-235 of the Connecticut General Statutes during any week for which benefits are claimed.Conn. Agencies Regs. § 31-236-23a
Adopted effective April 3, 2001; Amended November 9, 2010