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The Need to Leave Work: Your Rights as A Domestic Violence Survivor

 

Unemployment Insurance and Domestic Violence

The law allows you to collect Unemployment Insurance if:

  • You had to leave your job because of domestic violence, or
  • You were fired due to circumstances resulting from domestic violence

Although you must also show that you are able and available for suitable work, you only need to look for and accept work that allows you to address the effects of domestic violence.

If you are denied benefits, you generally need to appeal the decision within 10 days or 30 days if you have good cause for a late appeal.

Basic information about Unemployment Insurance (UI)

You are entitled to UI if:

  • You are separated from employment through no fault of your own,
  • You have earned at least $3,300 and worked at least 15 weeks in the past 15 months, and
  • You are able and available for work

Weekly benefits are approximately 50% of average weekly wages up to $628 for 30 weeks, plus $25 a week per child (capped at 50% of your weekly UI benefit)

UI is administered by the Massachusetts Division of Unemployment and Assistance (DUA) (617) 626-6800 or 1-877-626-6800

Job Training: If you enroll in a training program approved by DUA:

  • You receive a job search exemption
  • You receive 18 additional weeks of UI if you apply within 15 weeks of approval of benefits (unless delay is related to addressing the effects of domestic violence)
  • You will be able to retain a state subsidized day care slot while waiting for placement in job training

Health Insurance - Medical Security Plan (MSP): If you are receiving UI benefits you may qualify to receive assistance for health insurance through either the Premium Assistance Plan or the Direct Coverage Plan. Call MSP at (800) 914-4455.

Domestic Violence and Court Appearance

It is illegal for your employer to discharge, penalize, or threaten to penalize you if you have to take time off to testify in a criminal action if you are a victim of a crime.

This is not the case if you have to take time off for a civil action.


Produced by Greater Boston Legal Services
Last updated Massachusetts Law Reform Institute, February 2009


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Who to call for help

  • Call 911 if you are in danger right now.
  • If you are not in immediate danger, you can phone SafeLink 1-877-785-2020, or
  • Casa Myrna Vasquez 1-800-992-2600.

Find Legal Aid

You may qualify for free legal assistance from your local legal aid program.

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