Ariz. Admin. Code § 6-3-50450

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

Section R6-3-50450 - Time (v L 450)

A. General (V L 450.05)

1. As discussed in this section time refers to hours, or days of work, whether it be part time or full time, irregular or excessive, shift work or temporary work, and definite or indefinite dates.

2. When time is an issue it is advisable to obtain verification of exact hours, days or dates worked.

3. A worker who leaves his job for any reason involving time would be expected to attempt to adjust his grievance prior to leaving if such attempt was feasible.

B. Days of week (V L 450.1)

1. A worker may elect to leave his job because he objects to working a particular day or days of the week. Normally a worker will object to working on Saturday or Sunday because recreational and religious activities usually are centered on these days.

a. Objection to working Saturday or Sunday because of inconvenience does not constitute good cause for leaving unless it creates a work week which is excessive or interferes with activities determined to be compelling.

b. If a worker objects to working on Saturday or Sunday because of compelling religious reasons, his leaving will be for a compelling personal reason.

2. If a worker leaves because he is working only a limited number of days a week, he leaves without good cause unless his work schedule or the employer's stand-by requirements unreasonably interferes with a search for full time employment.

C. Hours (V L 450.15)

1. General (V L 450.151)

a. A worker who leaves because of a reasonable objection to his hours would leave with good cause in connection with his work.

b. Any legislation such as maximum hour provisions for certain individuals or occupations must be taken into consideration in the determination.

2. Irregular hours (V L 450.152)

a. A worker who leaves his job because his employer refuses his request for irregular hours generally leaves without good cause. If refusal of his request results in the worker having no reasonable alternative to leaving, his leaving will be for a compelling personal reason.

b. When a worker is required by an employer to work irregular hours over an extended period of time and these hours unreasonably restrict his ability to maintain a normal private life, he leaves for good cause. Normally, leaving because of irregular hours that occur infrequently or for a short duration will result in a disqualification.

3. Long or short hours (V L 450.153)

a. Leaving work because of extended hours provides good cause for quitting if they are of indefinite or lengthy duration and unduly interfere with the worker's private life.

b. Leaving because of objection to short hours is normally disqualifying unless restrictions imposed by the employer prevent the worker from looking for full time work during his off duty hours.

4. Night work (V L 450.154)

a. A worker who leaves because he is required to continue to work nights generally leaves without good cause. If he can establish that his working hours were adversely affecting his health or so restricting his domestic life that he had no reasonable alternative to leaving, his leaving will be for a compelling personal reason.

b. A worker who leaves because of insistence on night work normally would be disqualified. If he can establish that he had no reasonable alternative to night work, his leaving should be adjudicated under R6-3-5005. This type of restriction will usually also involve an availability issue.

5. Prevailing standard (V L 450.155). A worker should not be disqualified for leaving work in which the hours are significantly in excess of the prevailing hours for similar work in the locality.

D. Irregular employment (V L 450.2). A worker who leaves his job because employment is irregular leaves without good cause if he can seek work during his time off. If a worker is in an isolated area which offers little or no prospects of full time work, and his hours have been substantially reduced, his leaving is for good cause if he leaves to seek work elsewhere.

E. Layoff imminent (V L 450.25). A worker who leaves a job prior to the effective date of a definite layoff leaves without good cause, if the layoff is the reason for leaving, unless he has a definite offer of new work.

F. Leave of absence or holiday (V L 450.3)

1. When a worker leaves a job because he is refused a leave of absence or time off from the job, the adjudicator must consider the urgency of the worker's request and the effect the absence would have on the employer. If the claimant establishes that he was compelled to take time off and was refused, his leaving is not disqualifying.

2. A leaving because a worker was required to work on a particular holiday is disqualifying unless it is shown that he was discriminated against in the assignment of holiday work.

G. Overtime (V L 450.35)

1. The worker who quits his job because his employer refuses his request for overtime work leaves without good cause unless:

a. He can establish that the employer violated an agreement to provide him with overtime, or

b. He can establish that he has been discriminated against in the assignment of overtime work.

2. Occasional overtime work at the request of the employer does not constitute good cause for quitting even though overtime wages are not paid. However, many employers are required by legislation to pay overtime rates for overtime worked. Their failure to do so would constitute good cause for leaving.

3. Usually leaving because of required overtime, which is compensated for at overtime rates, is a disqualifying separation, unless it is shown that the overtime was discriminatory or unreasonable.

H. Part time work (V L 450.4). A worker who leaves part time work because of a desire to seek full time work leaves without good cause, unless the circumstances of the part time employment prevent him from seeking full time work during his nonworking hours.

I. Shift work (V L 450.5). Leaving work because of an objection to working a particular shift is disqualifying unless it is shown that:

1. The employer discriminated against the worker in assigning the shift, or

2. The worker is unable to work the shift for a compelling reason.

Ariz. Admin. Code § R6-3-50450

Former Rule number - Voluntary Leaving 450. - 450.5. Former Rule repealed, new Section R6-3-50450 adopted effective January 24, 1977 (Supp. 77-1). Amended effective March 22, 1979 (Supp. 79-2).