[§383-7.6]  Separation for compellingfamily reason.  (a)  An individual shall not be disqualified from regularunemployment benefits for separating from employment if that separation is fora compelling family reason.

For purposes of this section, the term"compelling family reason" means any of the following:

(1)  Domestic or sexual violence that is verified byreasonable and confidential documentation that causes the individual toreasonably believe that the individual's continued employment may jeopardizethe safety of the individual or any member of the individual's immediate family(as defined by the United States Secretary of Labor), including any of thefollowing circumstances:

(A)  The individual has a reasonable fear ofthe occurrence of future domestic or sexual violence at, en route to, or enroute from the individual’s place of employment, including being a victim ofstalking;

(B)  The anxiety of the individual to relocateto avoid future domestic or sexual violence against the individual or theindividual’s minor child prevents the individual from reporting to work;

(C)  The need of the individual or theindividual's minor child to obtain treatment to recover from the physical orpsychological effects of domestic or sexual violence prevents the individualfrom reporting to work;

(D)  The employer's refusal to grant theindividual’s request for leave to address domestic or sexual violence and itseffects on the individual or the individual’s minor child, including leaveauthorized by Section 102 of the Federal Family and Medical Leave Act of 1993,Public Law 103-3, as amended, or other federal, state, or county law; or

(E)  Any other circumstance in which domesticor sexual violence causes the individual to reasonably believe that separation fromemployment is necessary for the future safety of the individual, theindividual’s minor child, or other individuals who may be present in theemployer’s workplace;

(2)  Illness or disability of a member of theindividual's immediate family (as defined by the United States Secretary ofLabor); or

(3)  The need for the individual to accompany theindividual's spouse, because of a change in the location of the spouse'semployment, to a place from which it is impractical for the individual tocommute to work.

(b)  The department may request as reasonableand confidential documentation under subsection (a)(1) the following evidence:

(1)  A notarized written statement of the individualattesting to the status of the individual or the individual's minor child as avictim of domestic or sexual violence and explaining how continued employmentcreates an unreasonable risk of further violence;

(2)  A signed written statement from:

(A)  An employee, agent, or volunteer of avictim services organization;

(B)  The individual's attorney or advocate;

(C)  A minor child's attorney or advocate; or

(D)  A medical or other professional from whomthe individual or the individual's minor child has sought assistance related tothe domestic or sexual violence,

attesting to the domestic or sexual violence andexplaining how the continued employment creates an unreasonable risk of furtherviolence; or

(3)  A police or court record suggesting ordemonstrating that the continued employment may cause an unreasonable risk of furtherviolence.

(c)  All information provided to the departmentpursuant to this section, including any statement of the individual or anyother documentation, record, or corroborating evidence discussing or relatingto domestic or sexual violence, and the fact that the individual has appliedfor, inquired about, or obtained unemployment compensation by reason of thissection shall be retained in the strictest confidence by the individual’sformer or current employer, and shall not be disclosed except to the extentthat disclosure is requested or consented to by the employee, ordered by acourt or administrative agency, or otherwise required by applicable federal orstate law.

(d)  As used in this section, the terms"domestic or sexual violence", "stalking", and "victimservices organization" shall have the same meaning as in section 378-71. [L2009, c 171, pt of §1]