ENTITLED, An Act to allow military spouses to receive unemployment compensation if they leave
their jobs due to a spouse's military transfer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 61-6-13.1 be amended to read as follows:
61-6-13.1.Good cause for voluntarily leaving employment is restricted to leaving employment
because:
(1) Continued employment presents a hazard to the employee's health. However, this
subdivision applies only if:
(a) Prior to the separation from the employment the employee is examined by a
licensed practitioner of the healing arts, as defined in chapter 36-4 or 36-5, and
advised that continued employment presents a hazard to his health; and
(b) The health hazard is supported by a certificate signed by the licensed practitioner
of the healing arts.
The secretary of labor and regulation may request an additional certificate signed by
another licensed practitioner of the healing arts, as defined in chapter 36-4 or 36-5;
(2) The employer required the employee to relocate the employee's residence to hold the
employee's job;
(3) The employer's conduct demonstrates a substantial disregard of the standards of behavior
that the employee has a right to expect of an employer or the employer has breached or
substantially altered the contract for employment;
(4) An individual accepted employment while on lay off and subsequently quit the
employment to return to work for the individual's regular employer;
(5) The employee's religious belief mandates it. This provision does not apply, however, if
the employer has offered to the employee reasonable accommodations taking into
consideration the employee's religious beliefs if this offer is made before the employee
leaves the employment;
(6) Leaving is necessary to protect the individual from domestic abuse. However, this
subdivision applies only if:
(a) The employee reports the abusive situation to law enforcement within forty-eight
hours of any occurrence and cooperates fully with law enforcement in any
subsequent investigation and criminal charge relating to the abusive situation.
Upon request by the department, the law enforcement agency shall complete and
return to the department a certification form indicating whether the employee has
complied with the requirements of this subdivision;
(b) The employee has left the abusive situation and remains separate from the
situation; and
(c) The employee made reasonable efforts to preserve the employment before quitting;
or
(7) The employee is relocating to accompany a spouse who has been reassigned from one
military assignment to another.
Any person found to have good cause for leaving employment due to domestic abuse as set forth
in subdivision (6) and who returns to the abusive situation is ineligible for benefits.
Section 2. That § 61-5-29 be amended to read as follows:
61-5-29. Each employer's experience-rating account shall be charged with all benefits chargeable,
as provided in this title, except extended benefits paid as provided in §§ 61-6-29 to 61-6-45,
inclusive, against wages paid for employment by the employer. However, no benefits paid on the
basis of a period of employment may be charged to the experience-rating account of any employer,
except as provided in § 61-5-29.2, if the claimant:
(1) Voluntarily separated without good cause attributable to the employer or the employment;
(2) Was discharged or suspended for misconduct connected with the employment, or for
conduct mandated by religious belief which belief cannot be reasonably accommodated
by the employer;
(3) Was discharged or suspended for inability or incompetence to successfully complete a
ninety-day probationary period established between the employer and employee at the
time of employment;
(4) Earned total base period wages of less than one hundred dollars with one employer;
(5) Is receiving benefits while in approved training authorized by § 61-6-15.1;
(6) Performed services while incarcerated in a custodial or penal institution and terminated
such employment because of his transfer or release from the institution;
(7) Received benefits for unemployment directly caused by a major natural disaster declared
by the president pursuant to section 410(a) of the Robert T. Stafford Disaster Relief and
Employment Assistance Act, 42 U.S.C. § 5177, if the individual would have been eligible
for disaster unemployment assistance with respect to that unemployment but for their
receipt of unemployment insurance benefits;
(8) Received benefits for unemployment resulting directly from the reinstatement of another
employee upon that employee's completion of service in the uniformed services as
provided in 38 U.S.C. § 4303(13) as of January 1, 2005, or the completion of state active
duty by members of the national guard who are activated pursuant to a call from the
Governor as provided by law; or
(9) Voluntarily separated to accompany a spouse who was reassigned from one military
assignment to another.
An Act to allow military spouses to receive unemployment compensation if they leave their jobs due
to a spouse's military transfer.
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I certify that the attached Act
originated in the
SENATE as Bill No. 87
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 87
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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