Delaware General Assembly


CHAPTER 361

FORMERLY

HOUSE BILL NO. 252

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 3315(1), Title 19 of the Delaware Code, by striking the “.” as it appears after the word “availability” in the second sentence therein, and inserting in lieu thereof the following:

“or if an individual has left work due to circumstances directly resulting from the individual’s experience of domestic violence, as that term is defined in § 703A(a) of Title 13 of the Delaware Code, no disqualification shall prevail. An individual’s leaving work shall be treated as due to circumstances directly resulting from the individual’s experience of domestic violence if the leaving work resulted from: (i) the individual’s reasonable fear of future domestic violence at or en route to or from the individual’s place of employment; (ii) the individual’s wish to relocate to another geographic area in order to avoid future domestic violence against the individual or the individual’s family; or (iii) any other circumstance in which domestic violence causes the individual to reasonably believe that leaving work is necessary for the future safety of the individual or the individual’s family. When determining whether an individual has experienced domestic violence for compensation purposes, the Division shall require the individual to provide documentation to the Division of the domestic violence involved, such as a police or court record, or documentation of the domestic violence from a shelter worker, attorney, member of the clergy, or medical or other professional from whom the employee has sought assistance in addressing domestic violence and its effects. All evidence of domestic violence experienced by an individual, including the individual’s statement and any corroborating evidence shall not be disclosed by the Division of Unemployment Insurance unless consent for disclosure is given by the individual.”

Approved June 30,2000