Leaving Work for Safety

If you left your job due to domestic violence, you may qualify. This means leaving work was due to one or more of the following: 

• A fear of future domestic violence at work or on the way to work. 
• A need to address the physical, psychological, or legal effects of domestic violence. 
• A need to leave work to get services or shelter from a domestic violence agency. 
• A need to move to another geographic area to avoid future domestic violence. 
• A reasonable belief that ending work is needed for your future safety or the safety of your family.

Domestic violence is any of the following actions when they are not done in self-defense:  

• Causing or trying to cause physical or mental harm to a family or household member.
• Putting a family or household member in fear of physical or mental harm.
• Causing or trying to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or pressure. 
• Engaging in activity toward a family or household member that would make a reasonable person feel terrorized, frightened, intimidated, threatened, harassed, or molested.

The law defines a family/household member as any of the following:

• A spouse or former spouse.
• Someone you live with or have lived with.
• Someone in a current or past dating relationship.
• Someone in a current or past sexual relationship.
• Someone you are related to or were related to by marriage.
• Someone you have a child with.
• The minor child of someone in the above bullet points.

Yes, the rule means leaving a job due to domestic violence won’t disqualify you, but all other eligibility requirements still apply. To receive benefits, you must:

• Have earned enough wages in your base period to establish a monetary claim.
• Register for work.
• Certify biweekly online at MiWAM or by calling MARVIN during your assigned call-in time.
• Complete at least three work-search activities each week you are claiming benefits.
• Be able, available, and actively seeking full-time work during each week you certify.

This new provision supports individuals who need to leave work for their safety, but it does not change the other requirements for qualifying for and receiving unemployment benefits.

You are welcome to seek legal advice before leaving your job to review your situation and ensure eligibility. Resources are available online at Michigan Legal Help or call the Counsel & Advocacy Law Line at 1-888-783-8190. For general domestic violence support, find services in your area.

In addition to the standard information you need to file an unemployment claim (listed in Step 1 of the Claimant Roadmap), if you are seeking benefits under the domestic violence provision, you will need to submit one or more documents to show evidence of domestic violence. Anything you provide will be kept confidential.

Examples include, but are not limited to, the following: 

• A restraining order, a personal protection order, or no contact order involving domestic violence. 
• A police report documenting domestic violence. 
• Documentation showing that your abuser has been convicted of a crime involving domestic violence. 
• Medical records indicating domestic violence. 
• A statement on official letterhead from a counselor, social worker, health professional, clergy members, shelter worker, or other professional who has helped you or your family address the effects of domestic violence.

Here’s how to get started filing a claim:

1. First, make sure you are on a device that is safe for you to apply. You could use a computer at your local library, or a computer belonging to a friend or family member. 
2. Visit our Claimant Roadmap to learn the steps on preparing to apply and how to submit your application.
3. While applying for benefits in your MiWAM account, in the “Reason for Separation” section, answer the questions about whether your job loss was related to domestic violence. 
4. Provide any documents you have that prove the existence of domestic violence.
5. Choose a safe mailing address (or use the Address Confidentiality Program) and method of receiving payments. 

To qualify, you must have earned enough wages to establish a monetary claim for benefits, in addition to meeting the requirements described above that show you left your job due to domestic violence. 

If you are found eligible, you must also complete the following to receive benefits: 

• Register for work
• Certify every 2 weeks online at MiWAM, which is available to you 24/7. You may also certify by phone at 1-866-638-3993 (Monday through Friday, 8 a.m. to 4:30 p.m.) if certifying online is not the best option for you. 
• Complete at least three work search activities each week. Be sure to save documentation of these activities for your bi-weekly certification. 
• Be able and available for, and actively seeking, suitable full-time work. 

You will receive a copy of the claimant handbook: UIA 1901, Unemployment Benefits in Michigan. Be sure to read the information closely to understand your rights and responsibilities as a recipient of unemployment benefits. 

You, along with the employers listed on your claim, will receive a copy of the monetary determination that says whether you are monetarily eligible for unemployment benefits. For determinations related to other, non-monetary eligibility issues, you will receive a copy and any employer who could be impacted by that decision will also receive a copy. 

Unemployment benefits are funded through taxes paid by employers, and the amount an employer must pay depends, in part, on if a former employee filed for and received unemployment benefits. Because of this, by law, an employer will receive certain information when a former employee has filed for unemployment benefits. 

However, UIA is prohibited from providing to employers, and to anyone else outside the agency, any evidence of domestic violence you submitted in your application, including if you provided a statement. 

When you apply for unemployment benefits because of domestic violence, you will have to provide evidence or documentation (see “What you need to apply for benefits” above).

UIA will not share that evidence with your employer; the agency is required by law to keep it confidential. 

However, your employer will receive a copy of the determination or redetermination that indicates you are eligible for unemployment benefits under this provision. This is important information for the employer to have since it also tells them they will not be charged, or see their tax rate impacted, because of your claim.

You are allowed to use an alternate address that works best for your safety and stability and will still allow you to receive timely notice of any communications from the agency. You may also use the Address Confidentiality Program which provides an official designated/substitute address and free mail forwarding service.

You must update the Unemployment Insurance Agency any time your address or phone number changes by updating the information in your MiWAM account or by calling the agency if you do not have access online. If the Unemployment Insurance Agency cannot reach you at the contact methods you have provided, your benefit eligibility could be impacted.

Benefits can be direct deposited into a bank account or issued through a debit card that is mailed to your provided address. When you apply, choose a safe mailing address (or use the Address Confidentiality Program) and a safe method of receiving payments.