HOUSE BILL NO. 463
INTRODUCED BY M. LEE, DOHERTY, BUZZAS, CLANCY, COCCHIARELLA, GALLUS, GRIMES, HALLIGAN, KITZENBERG, MANGAN, ROUSH, TOOLE, CALLAHAN, LASLOVICH
AN ACT ALLOWING AN INDIVIDUAL WHO LEAVES WORK OR IS DISCHARGED BECAUSE OF CIRCUMSTANCES RESULTING FROM DOMESTIC VIOLENCE TO RECEIVE UNEMPLOYMENT BENEFITS TO WHICH THE INDIVIDUAL IS OTHERWISE ENTITLED; PROVIDING THAT THE UNEMPLOYMENT BENEFITS MAY NOT BE CHARGED TO THE EMPLOYER'S ACCOUNT; CAPPING THE BENEFITS AT A MAXIMUM OF 10 WEEKS PER CALENDAR YEAR; REQUIRING THE DEPARTMENT OF LABOR AND INDUSTRY TO REPORT TO THE LEGISLATURE ON UNEMPLOYMENT BENEFITS APPLIED FOR AND GRANTED IN RELATION TO DOMESTIC VIOLENCE CLAIMS; AND PROVIDING AN EFFECTIVE DATE, AN APPLICABILITY DATE, AND A TERMINATION DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Unemployment benefits for victims of domestic violence. (1) (a) An individual who is otherwise eligible for benefits may not be denied benefits because the individual left work or was discharged because of circumstances resulting from the individual or a child of the individual being a victim of domestic violence or the individual left work or was discharged because of an attempt on the individual's part to protect the individual or the individual's child from domestic abuse.
(b) An employer's account may not be charged for the payment of benefits to an individual who left work or was discharged because of circumstances resulting from domestic violence as provided for in subsection (1)(a).
(c) An individual may not receive more than 10 weeks of unemployment benefits for the 12-month period after the filing of a claim under the provisions of this section. The provisions of this section do not affect the rights of an individual to receive unemployment benefits that the individual is entitled to under other provisions of state law.
(2) For the purposes of subsection (1), an individual must be treated as being a victim of domestic violence if the individual provides one or more of the following:
(a) an order of protection or other documentation of equitable relief issued by a court of competent jurisdiction;
(b) a police record documenting the domestic violence;
(c) medical documentation of domestic violence; or
(d) other documentation or certification of domestic violence provided by a social worker, clergy member, shelter worker, or professional person, as defined in 53-21-102, who has assisted the individual in dealing with domestic violence.
(3) An individual who is otherwise eligible for benefits under this section becomes ineligible if the individual remains in or returns to the abusive situation that caused the individual to leave work or be discharged.
(4) The department shall provide a report to the legislature, as provided in 5-11-210, regarding the benefits applied for and granted under this section, including a summary of the demographics of applicants for and recipients of the benefits and the average and total cost of benefits provided.
(5) For the purposes of this section, "domestic violence" means the physical, sexual, mental, or emotional abuse of an individual or the individual's child by a person with whom that individual or the individual's child lives or has recently lived.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 39, chapter 51, and the provisions of Title 39, chapter 51, apply to [section 1].
Section 3. Effective date -- applicability. [This act] is effective July 1, 2001, and applies to an individual who leaves work or is discharged because of circumstances resulting from domestic violence on or after [the effective date of this act].
Section 4. Termination. [This act] terminates July 1, 2003.
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Latest Version of HB 463 (HB0463.ENR)
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