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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 as evidenced by:
(A) an active or recently
issued protective order documenting 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 family violence against, or the stalking of, the employee; or
(C) a physician's statement
or other medical documentation that describes the family violence against
the employee that:
(i) is recorded in any form
or medium that identifies the employee as the patient; and
(ii) relates to the history,
diagnosis, treatment, or prognosis of the patient;
(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.); or
(16) was due to a reason
that:
(A) constitutes an
involuntary separation under Section 207.046(a)(1); and
(B) does not constitute
good cause connected with the employee's work for the employee to
voluntarily leave the employment.
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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 as evidenced by:
(A) an active or recently
issued protective order documenting 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 family violence against, or the stalking of, the employee; or
(C) a physician's statement
or other medical documentation that describes the family violence against
the employee that:
(i) is recorded in any form
or medium that identifies the employee as the patient; and
(ii) relates to the history,
diagnosis, treatment, or prognosis of the patient;
(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.); or
(16) was due to a reason
that:
(A) constitutes an
involuntary separation under Section 207.046(a)(1); and
(B) does not constitute
good cause connected with the employee's work under
Section 207.045 for the employee to voluntarily leave the employment.
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