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Texas Statutes (Last Updated: January 4, 2014) |
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LABOR CODE |
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Title 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT |
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Subtitle A. TEXAS UNEMPLOYMENT COMPENSATION ACT |
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Chapter 204. CONTRIBUTIONS |
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Subchapter B. CHARGEBACKS |
Sec. 204.022. EXCLUSIONS FROM CHARGEBACKS
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Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.), if the employee would have been entitled to unemployment assistance benefits under Section 410 of that act (42 U.S.C. Section 5177) had the employee not received state unemployment compensation benefits;
(7) was caused by a natural disaster, fire, flood, or explosion that causes employees to be separated from one employer's employment;
(8) was based on a disaster that results in a disaster declaration by the governor under Section 418.014, Government Code;
(9) resulted from the employee's resigning from partial employment to accept other employment that the employee reasonably believed would increase the employee's weekly wage;
(10) was caused by the employer being called to active military service in any branch of the United States armed forces on or after January 1, 2003;
(11) resulted from the employee leaving the employee's workplace to protect the employee from family violence or stalking as evidenced by:
(A) an active or recently issued protective order documenting family violence against, or the stalking of, the employee or the potential for family violence against, or the stalking of, the employee;
(B) a police record documenting family violence against, or the stalking of, the employee; or
(C) a physician's statement or other medical documentation that describes the family violence against the employee that:
(i) is recorded in any form or medium that identifies the employee as the patient; and
(ii) relates to the history, diagnosis, treatment, or prognosis of the patient;
(12) resulted from a move from the area of the employee's employment that:
(A) was made with the employee'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;
(13) was caused by the employee being unable to perform the work as a result of a disability for which the employee is receiving disability insurance benefits under 42 U.S.C. Section 423;
(14) resulted from the employee leaving the employee's workplace to care for the employee's terminally ill spouse as evidenced by a physician's statement or other medical documentation, but only if no reasonable, alternative care was available; or
(15) was caused by the employer's reinstatement of a qualified uniformed service member with reemployment rights and benefits and other employment benefits in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section 4301 et seq.).
(b) For the purpose of this section, if an employee's last separation from the employment of an employer is a separation for which the employee was determined to have been disqualified under Section 207.048, the employee's last separation from the employment of that employer is considered to be the next later separation from the employment of that employer.
(c) Except as provided by law, evidence regarding an employee described by Subsection (a)(11) may not be disclosed to any person without the consent of the employee.
(d) For purposes of Subsection (a)(11):
(1) "Family violence" has the meaning assigned by Section 71.004, Family Code.
(2) "Stalking" means conduct described by Section 42.072, Penal Code.
(e) Benefits may not be charged to the account of an employer, regardless of whether the liability for the chargeback arises in the employee's current benefit year or in a subsequent benefit year, if the employee's last separation from the employer's employment before the employee's benefit year was or would have been excepted from disqualification under Section 207.052(b).