Ariz. Admin. Code § 6-3-50150

Current through Register Vol. 30, No. 43, October 25, 2024

Section R6-3-50150 - Distance to Work

A. Transportation

1. When a worker quits because of transportation difficulties, it must be determined if the worker left without good cause in connection with the work, or whether the worker separated for compelling personal reasons not attributable to the employer and not warranting disqualification. Factors to be considered are:

a. Availability of transportation, both public and private;

b. Time, distance, and cost of travel in relation to wages paid;

c. Customary practice of workers in claimant's locality;

d. Customary practice in worker's trade;

e. Worker's past pattern of transportation;

f. Relocation of work site;

g. Adverse effect of travel on claimant's health;

h. Prospects of obtaining other work without serious transportation problems.

2. If a worker quits because the employer violates an agreement to provide transportation, the worker leaves with good cause connected with the work.

B. Commuting distance

1. If a worker elects to move the worker's residence beyond reasonable commuting distance for non-compelling reasons and quits work for that reason, the worker's leaving is without good cause in connection with the work.

2. If a worker quits because the employer moves the work premises beyond reasonable commuting distance, the worker leaves with good cause in connection with the work.

3. If a worker whose residence or work location has not substantially changed quits work because the commuting distance is excessive, the worker leaves without good cause unless:

a. The travel time or expense was excessive, and the worker has reasonable prospects of other, more suitable work; or

b. The travel time or expense was unreasonable.

4. "Beyond reasonable commuting distance" is determined from all surrounding facts and circumstances but shall be presumed when the claimant:

a. Resides more than 30 miles from the claimant's place of employment; or

b. Has a 1-way commuting time of more than 1 1/2 hours between the claimant's residence and place of employment;

c. Has commuting expenses equal to 15% or more of a claimant's gross wage, unless such expenses are customary for the claimant or for workers residing in the same locality as the claimant.

5. The Department accepts the mileage allowance paid state of Arizona employees for use of their private vehicles for official travel as the standard for determining cost of travel to the claimant.

Ariz. Admin. Code § R6-3-50150

Former Rule number -- Voluntary Leaving 150. - 150.2. Former Rule repealed, new Section R6-3-50150 adopted effective January 24, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Amended effective December 20, 1995 (Supp. 95-4).