§ 40-2-210. Separation from work due to compelling family circumstances.

In addition to the eligibility provisions provided by this act, an individual shall be eligible to receive unemployment benefits, if monetarily and otherwise eligible, if the claimant was separated from work due to compelling family circumstances.  For purposes of this section:

1.  "Immediate family member" means the claimant's spouse, parents and minor children;

2.  "Illness" means a verified illness which necessitates the care of the ill person for a period of time longer than the employer is willing to grant paid or unpaid leave;

3.  "Disability" means a verified disability which necessitates the care of the disabled person for a period of time longer than the employer is willing to grant paid or unpaid leave.  Disability encompasses all types of disability, including:

a.              mental and physical disabilities,

b.              permanent and temporary disabilities, and

c.              partial and total disabilities; and

4.  “Compelling family circumstances” means:

a.if the claimant was separated from employment with the employer because of the illness or disability of the claimant and, based on available information, the Oklahoma Employment Security Commission finds that it was medically necessary for the claimant to stop working or change occupations,

b.the claimant was separated from work due to the illness or disability of an immediate family member,

c.if the spouse of the claimant was transferred or obtained employment in another city or state, and the family is required to move to the location of that job that is outside of commuting distance from the prior employment of the claimant, and the claimant separates from employment in order to move to the new employment location of the spouse,

d.if the claimant separated from employment due to domestic violence or abuse, verified by any reasonable or confidential documentation, which causes the individual to reasonably believe that the individual's continued employment would jeopardize the safety of the individual or of any member of the individual's immediate family, or

e.if the claimant separated from employment to move with the claimant's spouse to a new location, and if the spouse of the claimant:

(1)was a member of the U.S. Military, the U.S. Military Reserve, or the National Guard,

(2)was on active duty within ninety (90) days of the date of discharge,

(3)has a service-connected disability,

(4)was discharged under honorable conditions from the military service, and

(5)takes up residence at a location more than fifty (50) miles away from the claimant's former employer for the purpose of reentering civilian life.

Added by Laws 2009, c. 460, § 2, eff. Nov. 1, 2009.