N.H. Admin. Code § Emp 503.01

Current through Register No. 45, November 7, 2024
Section Emp 503.01 - Voluntary Quit Without Good Cause
(a) An individual shall be considered to have left the individual's work voluntarily without good cause if:
(1) Of the individual's own choice or volition the individual terminates the employee-employer relationship for a reason which is not attributable to the employer; or
(2) The individual is separated from employment because the individual is unable to perform essential job functions due to the individual's own voluntary negligent or deliberate actions which caused the individual to not possess a necessary license, certification, or similar requirement.
(b) The reason for an individual becoming unemployed shall be deemed attributable to the employer if:
(1) The individual was seeking to return for work with the employer immediately following a period:
a. Throughout which the individual was unable to work due to a work-related illness or injury which was not the individual's fault under RSA 281-A:14, and the employer is unable to return the individual to the individual's job or to comparable work; or
b. During which the individual was out of work on a leave of absence, and the employer is unable to return the individual to the individual's job or to comparable work due solely to:
1. A reduction in force involving such work; or
2. Other economic conditions; and
(2) The individual exercised all the individual's rights, or did all those things which a reasonable prudent person would have done, to continue the employee-employer relationship or the possibility of re-employment, for and during the period the individual was so unable to work.
(c) Leave of absence as used in this section means agreement by the employer to continue the employee-employer relationship or to return the individual to work when the individual is able to so return to the individual's usual work in accordance with the requirements of the employer.
(d) Whenever an individual becomes unemployed by reason of the application of any type of seniority rules created by or accepted by the employer, such unemployment shall be deemed attributable to the employer.

N.H. Admin. Code § Emp 503.01

#2234, eff 1-1-83; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90

New. #5153, eff 5-6-91; ss by #6415, eff 1-1-97, EXPIRED: 1-1-05

New. #8471, INTERIM, eff 11-1-05, EXPIRED: 4-30-06

New. #8627, eff 5-6-06; ss by #9629, INTERIM, eff 12-30-09, EXPIRED: 6-28-10

New. #9746, eff 7-1-10

Amended by Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12613, Effective 8/23/2018, Expires 8/23/2028.