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SECTION 1. Section
204.022(a), Labor Code, is amended to read as follows:
(a) Benefits computed on
benefit wage credits of an employee or former employee may not be charged
to the account of an employer if the employee's last separation from the
employer's employment before the employee's benefit year:
(1) was required by a
federal statute;
(2) was required by a
statute of this state or an ordinance of a municipality of this state;
(3) would have disqualified
the employee under Section 207.044, 207.045, 207.051, or 207.053 if the
employment had been the employee's last work;
(4) imposes a
disqualification under Section 207.044, 207.045, 207.051, or 207.053;
(5) was caused by a
medically verifiable illness of the employee or the employee's minor child;
(6) was based on a natural
disaster that results in a disaster declaration by the president of the
United States under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. Section 5121 et seq.), if the employee would have
been entitled to unemployment assistance benefits under Section 410 of that
act (42 U.S.C. Section 5177) had the employee not received state
unemployment compensation benefits;
(7) was caused by a natural
disaster, fire, flood, or explosion that causes employees to be separated
from one employer's employment;
(8) was based on a disaster
that results in a disaster declaration by the governor under Section
418.014, Government Code;
(9) resulted from the
employee's resigning from partial employment to accept other employment
that the employee reasonably believed would increase the employee's weekly
wage;
(10) was caused by the
employer being called to active military service in any branch of the
United States armed forces on or after January 1, 2003;
(11) resulted from the
employee leaving the employee's workplace to protect the employee from
family violence or stalking or the employee or a member of the
employee'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 employee or a
member of the employee's immediate family or family violence against,
or the stalking of, the employee or the potential for family violence
against, or the stalking of, the employee;
(B) a police record
documenting sexual assault of the employee or a member of the employee's
immediate family or family violence against, or the stalking of, the
employee; [or]
(C) a physician's statement
or other medical documentation that describes the sexual assault of the
employee or a member of the employee's immediate family or family
violence against the employee that:
(i) is recorded in any form
or medium that identifies the employee or member of the employee'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 an employee of a family violence
center that describes the sexual assault of the employee or a member of the
employee's immediate family or family violence against the employee;
(12) resulted from a move
from the area of the employee's employment that:
(A) was made with the
employee's spouse who is a member of the armed forces of the United States;
and
(B) resulted from the
spouse's permanent change of station of longer than 120 days or a tour of
duty of longer than one year;
(13) was caused by the
employee being unable to perform the work as a result of a disability for
which the employee is receiving disability insurance benefits under 42
U.S.C. Section 423; or
(14) resulted from the
employee leaving the employee's workplace to care for the employee's
terminally ill spouse as evidenced by a physician's statement or other
medical documentation, but only if no reasonable, alternative care was
available.
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SECTION 1. Section
204.022(a), Labor Code, is amended to read as follows:
(a) Benefits computed on
benefit wage credits of an employee or former employee may not be charged
to the account of an employer if the employee's last separation from the
employer's employment before the employee's benefit year:
(1) was required by a
federal statute;
(2) was required by a
statute of this state or an ordinance of a municipality of this state;
(3) would have disqualified
the employee under Section 207.044, 207.045, 207.051, or 207.053 if the
employment had been the employee's last work;
(4) imposes a
disqualification under Section 207.044, 207.045, 207.051, or 207.053;
(5) was caused by a
medically verifiable illness of the employee or the employee's minor child;
(6) was based on a natural
disaster that results in a disaster declaration by the president of the
United States under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. Section 5121 et seq.), if the employee would have
been entitled to unemployment assistance benefits under Section 410 of that
act (42 U.S.C. Section 5177) had the employee not received state
unemployment compensation benefits;
(7) was caused by a natural
disaster, fire, flood, or explosion that causes employees to be separated
from one employer's employment;
(8) was based on a disaster
that results in a disaster declaration by the governor under Section
418.014, Government Code;
(9) resulted from the
employee's resigning from partial employment to accept other employment
that the employee reasonably believed would increase the employee's weekly
wage;
(10) was caused by the
employer being called to active military service in any branch of the
United States armed forces on or after January 1, 2003;
(11) resulted from the
employee leaving the employee's workplace to protect the employee from
family violence or stalking or the employee or a member of the
employee'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 employee or a
member of the employee's immediate family or family violence against,
or the stalking of, the employee or the potential for family violence
against, or the stalking of, the employee;
(B) a police record
documenting sexual assault of the employee or a member of the employee's
immediate family or family violence against, or the stalking of, the
employee; [or]
(C) a physician's statement
or other medical documentation that describes the sexual assault of the
employee or a member of the employee's immediate family or family
violence against the employee that:
(i) is recorded in any form
or medium that identifies the employee or member of the employee'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 that describes the sexual assault of the employee
or a member of the employee's immediate family or family violence against
the employee;
(12) resulted from a move
from the area of the employee's employment that:
(A) was made with the
employee's spouse who is a member of the armed forces of the United States;
and
(B) resulted from the
spouse's permanent change of station of longer than 120 days or a tour of
duty of longer than one year;
(13) was caused by the
employee being unable to perform the work as a result of a disability for
which the employee is receiving disability insurance benefits under 42
U.S.C. Section 423;
(14) resulted from the
employee leaving the employee's workplace to care for the employee'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
(15) was caused by the
employer's reinstatement of a qualified uniformed service member with
reemployment rights and benefits and other employment benefits in
accordance with the Uniformed Services Employment and Reemployment Rights
Act of 1994 (38 U.S.C. Section 4301 et seq.).
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SECTION 3. Section
207.046(a), Labor Code, is amended to read as follows:
(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 employee or a member of the employee'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 employee or a member of the employee's immediate family or family
violence against, or the stalking of, the employee
or the potential for family violence against, or the stalking of, the
employee;
(B) a police record
documenting sexual assault of the employee
or a member of the employee's
immediate family or family violence against, or the stalking of, the
employee; [or]
(C) a physician's statement
or other medical documentation that describes the sexual assault of the employee or a member of the employee's immediate family or family
violence against the employee that:
(i) is recorded in any form
or medium that identifies the employee
or member of the employee'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 an employee of a family violence
center that describes the sexual assault of the employee or a member of the employee's
immediate family or family violence against the employee; or
(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.
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SECTION 3. Section
207.046(a), Labor Code, is amended to read as follows:
(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
[employee] or the potential for
family violence against, or the stalking of, the individual [employee];
(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 [employee]; [or]
(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 [employee] that:
(i) is recorded in any form
or medium that identifies the individual
or member of the individual's
immediate family, as applicable, [employee]
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 that describes the sexual assault of the individual or a member of the individual's immediate family or family
violence against the individual; or
(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.
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