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Texas Labor Code - Section 207.045. Voluntarily Leaving Work

Legal Research Home > Texas Laws > Labor Code > Texas Labor Code - Section 207.045. Voluntarily Leaving Work

§ 207.045. VOLUNTARILY LEAVING WORK. (a) An individual is disqualified for benefits if the individual left the individual's last work voluntarily without good cause connected with the individual's work. (b) Except as provided by Subsection (c), a disqualification for benefits under this section continues until the individual has returned to employment and: (1) worked for six weeks; or (2) earned wages equal to six times the individual's benefit amount. (c) Disqualification for benefits under this section for an individual who left work to move with the individual's spouse from the area where the individual worked continues for not less than six benefit periods and not more than 25 benefit periods following the filing of a valid claim as determined by the commission according to the circumstances of the case. (d) Notwithstanding any other provision of this section, an individual who is available to work may not be disqualified for benefits because the individual left work because of: (1) a medically verified illness of the individual or the individual's minor child; (2) injury; (3) disability; (4) pregnancy; (5) an involuntary separation as described by Section 207.046; or (6) a move from the area of the individual's employment that: (A) was made with the individual's spouse who is a member of the armed forces of the United States; and (B) resulted from the spouse's permanent change of station of longer than 120 days or a tour of duty of longer than one year. (e) For the purposes of Subsection (d), a medically verified illness of a minor child prevents disqualification only if reasonable alternative care was not available to the child and the employer refused to allow the individual a reasonable amount of time off during the illness. (f) Military personnel who do not reenlist have not left work voluntarily without good cause connected with work. (g) An individual who is partially unemployed and who resigns that employment to accept other employment that the individual reasonably believes will increase the individual's weekly wage is not disqualified for benefits under this section. (h) A temporary employee of a temporary help firm is considered to have left the employee's last work voluntarily without good cause connected with the work if the temporary employee does not contact the temporary help firm for reassignment on completion of an assignment. A temporary employee is not considered to have left work voluntarily without good cause connected with the work under this subsection unless the temporary employee has been advised: (1) that the temporary employee is obligated to contact the temporary help firm on completion of assignments; and (2) that unemployment benefits may be denied if the temporary employee fails to do so. (i) An assigned employee of a staff leasing services company is considered to have left the assigned employee's last work without good cause if the staff leasing services company demonstrates that: (1) at the time the employee's assignment to a client company concluded, the staff leasing services company, or the client company acting on the staff leasing services company's behalf, gave written notice and written instructions to the assigned employee to contact the staff leasing services company for a new assignment; and (2) the assigned employee did not contact the staff leasing services company regarding reassignment or continued employment; provided that the assigned employee may show that good cause existed for the assigned employee's failure to contact the staff leasing services company. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, § 9.33(a), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1379, § 21, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 817, § 7A.03, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 39, § 2, eff. May 9, 2005; Acts 2005, 79th Leg., ch. 987, § 1, eff. Sept. 1, 2005.

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Last modified: August 11, 2007