§ 1253. Eligibility

The Commissioner shall make all determinations for eligibility under this chapter. An individual shall be eligible for up to 26 weekly payments when the Commissioner determines that the individual voluntarily left work due to circumstances directly resulting from domestic and sexual violence, provided the individual:

(1) Leaves employment for one of the following reasons:

(A) The individual reasonably fears that the domestic and sexual violence will continue at or en route to or from the place of employment.

(B) The individual intends to relocate in order to avoid future domestic and sexual violence against the individual or a member of the individual’s family.

(C) The individual reasonably believes that leaving the employment is necessary for the safety of the individual or a member of the individual’s family.

(D) The individual is physically or emotionally unable to work as a result of experiencing domestic or sexual violence as certified by a medical professional. The certification shall be reviewed by the Commissioner every six weeks and may be renewed until the individual is able to work or the benefits are exhausted.

(2) Complies with all the following:

(A) Prior to leaving employment has pursued reasonable alternatives to leaving the employment, which may include seeking a protection order, relocating to a secure place, or seeking reasonable accommodation from the employer, such as a transfer or different assignment. Failure to pursue reasonable alternatives may be excused if the individual establishes that pursuit of alternatives is likely to:

(i) be futile;

(ii) increase the risk of future incidents of domestic and sexual violence;

(iii) not adequately address the specific circumstances that led to the individual’s decision to separate from employment.

(B) Provides the Department with satisfactory documentation of the domestic and sexual violence. The documentation may include a sworn statement from the individual attesting to the abuse, law enforcement or court records, or other documentation from an attorney or legal advisor, member of the clergy, or health care provider, as defined in 18 V.S.A. § 9432(9). Information relating to the domestic and sexual violence, including the claimant’s statement and corroborating evidence, provided to the Department shall not be disclosed by the Department unless the claimant has signed a consent to disclose form. In the event the Department is legally required to release this information without consent by the claimant, the Department shall notify the claimant at the time the notice or request for release of information is received by the Department and prior to releasing the requested information.

(C) Has been found ineligible for unemployment solely on the basis of the separation from employment. (Added 2005, No. 49, § 1; amended 2013, No. 72, § 35d; 2017, No. 74, § 47.)