12- 172 C.M.R. ch. 17, § 9

Current through 2024-51, December 18, 2024
Section 172-17-9 - Leaving work to protect the claimant from domestic abuse
A. For purposes of subsection 1 of section 1193 of the Employment Security Law in cases in which the claimant's reason for leaving employment was that such leaving was necessary to protect the claimant from domestic abuse, the fact of domestic abuse may be established by a preponderance of the evidence.
B. The filing of a civil or criminal complaint against or the criminal conviction of the alleged abuser shall not be required as a prerequisite in order to establish the fact of domestic abuse. Nor shall such complaint or conviction be required as "reasonable efforts to preserve the employ­ment."
C. Upon an affirmative determination of the fact of domestic abuse, factors to be considered in determining whether the claimant made all reasonable efforts to preserve the employment may include, but will not be limited to, the following:
1. Whether the abuse occurred at the place of employment.
2. Whether, considering the type of abuse, the claimant was safe at the worksite and/or while commuting to and from the worksite.
3. Whether the abuser or the abuser's relatives or friends were co-workers of the claimant or otherwise present at the worksite.
4. Whether the abuse occurred as a consequence of the claimant going to work.
5. Whether the abuse itself interfered with the claimant's ability to work, travel, or prepare for work.
6. Whether the employer was informed either before or within a reasonable time after separation of the fact of the domestic abuse.
7. Whether the claimant needed to hide from the abuser at a shelter or elsewhere in order to be safe.
8. Whether the claimant left the geographic area to escape the abuse.
9. Whether the claimant requested reemployment with the employer upon return to the geo­graphic area after having left or upon the cessation of the domestic abuse.
D. Each determination under this rule must be decided on its own merits taking into consideration the specific facts and circumstances of the claimant, the employment, and the abuse involved.

12- 172 C.M.R. ch. 17, § 9