< Section effective January 1, 2011. See, also, section effective until January 1, 2011. >

1. (A)

   1. (1) Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the department finds that the individual has left work voluntarily or has been discharged because of circumstances directly resulting from domestic abuse and:

      1. (a) reasonably fears future domestic abuse at or en route to the workplace;
      2. (b) needs to relocate to avoid future domestic abuse; or
      3. (c) reasonably believes that leaving work is necessary for his safety or the safety of his family.
   2. (2) When determining if an individual has experienced domestic abuse for the purpose of receiving unemployment compensation, the department must require him to provide documentation of domestic abuse including, but not limited to, police or court records or other documentation of abuse from a shelter worker, attorney, member of the clergy, or medical or other professional from whom the individual has sought assistance.
   3. (3) Documentation or evidence of domestic abuse acquired by the department pursuant to this section must be kept confidential unless consent for disclosure is given, in writing, by the individual.

2. (B)

   1. (1) For the purposes of this subsection:

      1. (a) "Immediate family member" means a claimant's spouse, parents, or minor children.
      2. (b) "Illness" means a verified disability that necessitates the care of the disabled person for a period of time that exceeds the amount of time the employer will provide paid or unpaid leave. Disability, includes, but is not limited to, mental and physical disabilities, permanent and temporary disabilities, and partial and total disabilities.

      3. (c) "Compelling family circumstances" means:

         1. (i) that a claimant was separated from employment with the employer because of the illness or disability of the claimant and, based upon available information, the department finds that it was medically necessary for the claimant to stop working or change occupations;
         2. (ii) the claimant was separated from work due to the illness or disability of an immediate family member; and
         3. (iii) the claimant's spouse was transferred or employed in another city or state, the family is required to move to the location of that job, the location is outside the commuting distance of the claimants previous employment, and the claimant separates from employment in order to move to the new location with his spouse.
   2. (2) Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the department finds that the individual was separated from employment due to compelling family circumstances.