Ariz. Admin. Code § 6-3-50135.04

Current through Register Vol. 30, No. 24, June 14, 2024

Section R6-3-50135.04 - Quit or Discharge; Investigative or Disciplinary Suspension

A. If an employer places a worker on a suspension without pay, pending the investigation of an alleged wrongdoing or as a disciplinary action, the employer-employee relationship is presumed to continue during the suspension period unless 1 of the following events occurs during the suspension period.

1. The worker gives notice to the employer that the worker does not intend to return to work. When the reason for the leaving is because of the worker's objection to a disciplinary action, the worker's eligibility is determined in accordance with R6-3-50138.

2. The employer notifies the worker that the job will not be available at the end of the suspension. The Department shall determine the reason for separation based on the reason the job is no longer available.

3. The worker files a claim for benefits.

B. When a worker files a claim for benefits during the suspension period, the Department shall determine the type of separation based on the worker's reason for filing the claim and subsections (B)(1) through (5).

1. If the suspension is for an unreasonable period of time and the worker cannot reasonably be expected to remain ready to return to work at the end of the suspension, the suspension terminates the employer-employee relationship and the worker is discharged on the date the worker was suspended and for the reason the worker was suspended.

2. If the suspension period is not unreasonable, the separation is a voluntary quit.

3. For the purpose of this rule, a suspension of 16 or more of the employer's workdays is a suspension for an unreasonable period of time.

4. If returning to work at the end of the suspension would create an intolerable work situation for the worker, pursuant to R6-3-50515, the separation is a voluntary leaving with good cause in connection with the work.

5. If personal circumstances deemed compelling pursuant to this Article arise during the suspension, making it unreasonable for the worker to return to work, the worker leaves for compelling personal reasons not attributable to the employer.

Ariz. Admin. Code § R6-3-50135.04

Adopted effective July 22, 1997 (Supp. 97-3).