Cal. Code Regs. tit. 22 § 1256-12

Current through Register 2024 Notice Reg. No. 15, April 12, 2024

Section 1256-12 - Voluntary Leaving -Good Cause -Domestic Circumstances Involving Marriage

(a) Scope. This section relates to whether good cause exists for leaving the most recent work when an individual leaves work due to compelling obligations relating to his or her prospective or existing marital status. Sections 1256-1, 1256-2, 1256-3, and 1256-9 of these regulations set forth general principles also applicable under this section.

(b) Good Cause. A claimant leaves the most recent work with good cause if the claimant has taken reasonable steps to preserve the employment relationship and the claimant left work due to circumstances relating to the claimant's prospective or existing marital status of such a compelling nature as to require the claimant's presence, including any of the following:

(1) The claimant's prospective marriage is imminent and involves a relocation to another area because the claimant's future spouse has established or intends to establish his or her home there, and it is impossible or impractical for the claimant to commute to work from the other area.

(2) The claimant is required to leave his or her work to accompany his or her spouse to, or join his or her spouse at, another location because it is impossible or impractical for the claimant to commute to his or her work from the new location, due to any of the following:

(A) The desire of the claimant and his or her spouse to accomplish a marital reconciliation.

(B) The claimant's spouse is seriously ill and a change of residence is necessary for his or her care or welfare (see Section 1256-10 of these regulations).

(C) The need to preserve family unity (see Section 1256-10 of these regulations).

COMMENTS. This section considers compelling circumstances relating to a claimant's prospective or existing marital status where difficulties of commuting exist because the claimant's spouse or prospective spouse is located in an area substantially removed from the locality where the claimant was employed. Subdivision (b) refers to various situations in which good cause for leaving work exists. The section reflects this state's policy in favor of the establishment and maintenance of the marital relationship. However, leaving work solely to go on a honeymoon is a leaving without good cause.

Regarding the requirement of imminent marriage, there may be additional considerations depending on the facts. If a claimant stops working substantially prior to the marriage, good cause will depend on the nature and extent of the advance preparations such as packing, moving, and transportation necessary, and whether such preparations could have been made without the claimant's leaving work. If the marriage is delayed, good cause is not negated if at the time the claimant stopped working a marriage was imminent, the claimant could not have foreseen a delay, and the delay was beyond the control of the claimant.

Under the second provision of subdivision (b)(1), relocation must be necessary because the claimant's future spouse either could not or would not forego his or her established or intended place of residence. The future spouse's position on residential location is not material since the issue is what reasonable alternatives were available to the claimant. In assessing the impossibility or impracticality of the commute due to relocation, Section 1256-8 of these regulations is applicable.

Subdivision (b)(2) of this section concerns itself with problems of commuting relating to the claimant's existing marital status. The first provision is that a person who leaves his or her work to accomplish a marital reconciliation leaves with good cause. The reason is the state's policy to encourage parties to a marriage to live together and to prevent separation. As a matter of good faith, the claimant and the spouse must intend to reunite and conduct their affairs in such a manner as to reflect that intent. Further, the fact that the claimant and his or her spouse are legally separated or within the interlocutory stage of dissolution proceedings is immaterial since neither situation is a final severance of the marital relationship. Hence, reconciliation is still a possible alternative.

Cal. Code Regs. Tit. 22, § 1256-12

1. New section filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).

Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Section 1256, Unemployment Insurance Code.

1. New section filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).