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S.41

AN ACT RELATING TO UNEMPLOYMENT COMPENSATION FOR SURVIVORS OF DOMESTIC VIOLENCE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  21 V.S.A. chapter 16A is added to read:

Chapter 16a.  Domestic and Sexual Violence Survivors’ Transitional Employment Program

§ 1251.  PURPOSE

The purpose of the domestic and sexual violence survivors’ transitional employment program is to provide temporary, partial wage replacement to individuals who must leave employment, without good cause attributable to the employer, because of circumstances directly resulting from domestic violence, sexual assault, or stalking.

§ 1252.  DEFINITIONS

For the purposes of this chapter:

(1)  “Commissioner” means the commissioner of employment and training or the commissioner’s designee.

(2)  “Department” means the department of employment and training.

(3)  “Domestic and sexual violence” means domestic violence, sexual assault, or stalking as defined in 15 V.S.A. § 1151.

(4)  “Weekly payment” means an amount determined in accordance with section 1338 of this title.

§ 1253.  DOMESTIC AND SEXUAL VIOLENCE SURVIVORS’

               TRANSITION FUND; SOURCE AND LEVEL OF FUNDING

(a)  There is hereby created a domestic and sexual violence survivors’ transition fund in the department of employment and training to be managed in accordance with subchapter 5 of chapter 7 of Title 32.

(b)  The sum of $30,000.00 shall be transferred into the fund created in subsection (a) of this section to pay for claims approved for payment pursuant to this chapter. 

§ 1254.  ELIGIBILITY

The commissioner shall make all determinations for eligibility under this chapter.  An individual shall be eligible for up to 26 weekly payments when the commissioner determines that the individual voluntarily left work due to circumstances directly resulting from domestic and sexual violence, provided the individual:

(1)  Leaves employment for one of the following reasons:

(A)  The individual reasonably fears that the domestic and sexual violence will continue at or en route to or from the place of employment.

(B)  The individual intends to relocate in order to avoid future domestic and sexual violence of the individual or a member of the individual’s family.

(C)  The individual reasonably believes that leaving the employment is necessary for the safety of the individual or a member of the individual’s family.

(2)  Complies with all the following:

(A)  Prior to leaving employment has pursued reasonable alternatives to leaving the employment, which may include seeking a protection order, relocating to a secure place, or seeking reasonable accommodation from the employer, such as a transfer or different assignment.  Failure to pursue reasonable alternatives may be excused if the individual establishes that pursuit of alternatives would have been futile or would not have adequately addressed the specific circumstances that led to the individual’s decision to separate from employment.

(B)  Provides the department with satisfactory documentation of the domestic and sexual violence.  The documentation may include a sworn statement from the individual attesting to the abuse, law enforcement or court records, or other documentation from an attorney or legal advisor, member of the clergy, or health care provider, as defined in 18 V.S.A. § 9432(8).  Information relating to the domestic and sexual violence, including the claimant’s statement and corroborating evidence, provided to the department shall not be disclosed by the department unless the claimant has signed a consent to disclose form.  In the event the department is legally required to release this information without consent by the claimant, the department shall notify the claimant at the time the notice or request for release of information is received by the department.

(C)  Has been found ineligible for unemployment solely on the basis of the separation from employment.

§ 1255.  CONDITIONS

An individual shall be eligible to receive payments with respect to any week, only if the commissioner finds that the individual complies with all of the following requirements:

(1)  Files a claim certifying that he or she did not work during the week.

(2)  Is not eligible for unemployment compensation benefits.

(3)  Is taking steps to become employed.

§ 1256.  PROCEDURES

(a)  The commissioner shall review all claims for payment and shall promptly provide written notification to the individual of any claim that is denied and the reasons for the denial.

(b)  Within 30 days after receipt of a denial, the individual may appeal the determination to the commissioner.  The commissioner shall review the record within a reasonable time after the notice of the appeal is filed and promptly notify the individual in writing of the commissioner’s decision.  The decision of the commissioner shall become final unless an appeal to the supreme court is taken within 30 days of the date of the commissioner’s decision.

Sec. 2.  DOMESTIC AND SEXUAL VIOLENCE TRAINING;

             DEPARTMENT OF EMPLOYMENT AND TRAINING

The Department of Employment and Training in cooperation with the Vermont Network Against Domestic and Sexual Violence shall design and implement training for appropriate department employees.  The training curriculum shall be designed and implemented no later than 120 days after the effective date of this act.

Sec. 3.  REPORT; DEPARTMENT OF EMPLOYMENT AND TRAINING

The Department of Employment and Training shall issue a written report to the General Assembly on or before January 1, 2007.  The department shall report on the following:

(1)  The details of implementation of chapter 16A of Title 21 and the number of claims filed, approved, denied, and appealed pursuant to that chapter.

(2)  The amount of money paid from the Domestic and Sexual Violence Survivors’ Transition Fund established pursuant to 21 V.S.A. § 1253, and the balance in the fund as of December 1, 2006.

(3)  Any other relevant information relating to the effectiveness and functioning of chapter 16A of Title 21, and any recommendations for improving the program.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us