Iowa Admin. Code r. 871-24.25

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 871-24.25 - Voluntary quit without good cause

In general, a voluntary quit means discontinuing the employment because the employee no longer desires to remain in the relationship of an employee with the employer from whom the employee has separated. The employer has the burden of proving that the claimant is disqualified for benefits pursuant to Iowa Code section 96.5. However, the claimant has the initial burden to produce evidence that the claimant is not disqualified for benefits in cases involving Iowa Code section 96.5, subsection (1), paragraphs "a" through "i," and subsection 10. The following reasons for a voluntary quit shall be presumed to be without good cause attributable to the employer:

(1) The claimant's lack of transportation to the work site unless the employer had agreed to furnish transportation.

(2) The claimant moved to a different locality.

(3) The claimant left to seek other employment but did not secure employment.

(4) The claimant was absent for three days without giving notice to employer in violation of company rule.

(5) Reserved.

(6) The claimant left as a result of an inability to work with other employees.

(7) The claimant failed to return to work upon the termination of a labor dispute.

(8) The claimant left to enter military service, either voluntarily or by conscription. While in military service such claimant shall be considered to be on leave from employment. It shall only be considered a voluntary quit issue when upon release from military service such claimant does not return to such claimant's employer to apply for employment within 90 days; provided, that such person shall give evidence to the employer of satisfactory completion of such military service and further provided that such person is still qualified to perform the duties of such position.

(9) Reserved.

(10) The claimant left employment to accompany the spouse to a new locality. No disqualification shall be imposed when Iowa Code section 96.5(1)"b" is applicable.

(11) The claimant left to get married.

(12) The claimant left without notice during a mutually agreed upon trial period of employment.

(13) The claimant left because of dissatisfaction with the wages but knew the rate of pay when hired.

(14) Reserved.

(15) Reserved.

(16) The claimant is deemed to have left if such claimant becomes incarcerated.

(17) The claimant left because of lack of child care.

(18) The claimant left because of a dislike of the shift worked.

(19) The claimant left to enter self-employment.

(20) The claimant left for compelling personal reasons; however, the period of absence exceeded ten working days.

(21) The claimant left because of dissatisfaction with the work environment.

(22) The claimant left because of a personality conflict with the supervisor.

(23) The claimant left voluntarily due to family responsibilities or serious family needs.

(24) The claimant left employment to accept retirement when such claimant could have continued working.

(25) The claimant left to take a vacation.

(26) The claimant left to go to school.

(27) The claimant left rather than perform the assigned work as instructed.

(28) The claimant left after being reprimanded.

(29) The claimant left in anticipation of a layoff in the near future; however, work was still available at the time claimant left the employment.

(30) The claimant left due to the commuting distance to the job; however, the claimant was aware of the distance when hired.

(31) The claimant left work to keep from earning enough wages during the year to adversely affect claimant's receipt of federal old-age benefits (social security).

(32) The claimant left by refusing a transfer to another location when it was known at the time of hire that it was customary for employees to transfer as required by the job.

(33) The claimant left because such claimant felt that the job performance was not to the satisfaction of the employer; provided, the employer had not requested the claimant to leave and continued work was available.

(34) The claimant left because work was irregular due to weather conditions; however, this working condition was not unusual in claimant's type of employment.

(35) The claimant left because of illness or injury which was not caused or aggravated by the employment or pregnancy and failed to:

a. Obtain the advice of a licensed and practicing physician or physician assistant;

b. Obtain certification of release for work from a licensed and practicing physician or physician assistant;

c. Return to the employer and offer services upon recovery and certification for work by a licensed and practicing physician or physician assistant; or

d. Fully recover so that the claimant could perform all of the duties of the job.

(36) The claimant maintained that the claimant left due to an illness or injury which was caused or aggravated by the employment. The employer met its burden of proof in establishing that the illness or injury did not exist or was not caused or aggravated by the employment.

(37) The claimant will be considered to have left employment voluntarily when such claimant gave the employer notice of an intention to resign and the employer accepted such resignation. This rule shall also apply to the claimant who was employed by an educational institution who has declined or refused to accept a new contract or reasonable assurance of work for a successive academic term or year and the offer of work was within the purview of the individual's training and experience.

(38) Where the claimant gave the employer an advance notice of resignation which caused the employer to discharge the claimant prior to the proposed date of resignation, no disqualification shall be imposed from the last day of work until the proposed date of resignation; however, benefits will be denied effective the proposed date of resignation.

(39) Reserved.

(40) Where the claimant voluntarily quit in advance of the announced scheduled layoff, the disqualification period will be from the last day worked to the date of the scheduled layoff. Benefits shall not be denied from the effective date of the scheduled layoff.

This rule is intended to implement Iowa Code sections 96.3(3), 96.4(3), 96.4(5), 96.5(1), 96.5(3), 96.6(1), 96.6(2), 96.16, 96.19(6)"a," and 96.19(38).

Iowa Admin. Code r. 871-24.25

Amended by IAB August 2, 2017/Volume XL, Number 3, effective 9/6/2017

Amended by IAB November 15, 2023/Volume XLVI, Number 10, effective 12/20/2023