Ohio Unemployment has historically denied unemployment compensation to individuals who quit, “to marry or because of marital, parental, filial, or other domestic obligations.” As a result, employees who quit to move to be with their spouse have been denied unemployment compensation.
However, an exception was recently enacted for the spouses of members of the military. This exception will go into effect March 20, 2019. The language of the exception, found in Revised Code Section 4141.29(D)(2)(a)(v) is as follows:
The individual’s spouse is a member of the armed forces of the United States who is on active duty or a member of the commissioned corps of the national oceanic and atmospheric administration or public health service, the spouse is the subject of a transfer, the individual left employment to accompany the individual’s spouse to a location from which it is impractical to commute to the individual’s place of employment, and upon arrival at the new place of residence, the individual is in all respects able and available for suitable work. For purpose of division (D)(2)(a)(v) of this section, “active duty” and “armed forces” have the same meanings as in 10 U.S.C. 101.
Thus, if an individual’s spouse is (a) member of the armed forces of the United States who is on active duty or a member of the commissioned corps of the national oceanic and atmospheric administration or public health service; and (b) that spouse is subject to a transfer; the individual may qualify if they quit their job to move with their military spouse.
10 USC 101 defines “armed forces” as the “Army, Navy, Air Force, Marine Corps, and Coast Guard.” That same statute defines “active duty” to mean, “full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.”
Ohio also provides for unemployment to individuals who are inducted into the armed forces, quit their job, and find their induction delayed. This is what the statute says:
(i) Separation from employment for the purpose of entering the armed forces of the United States if the individual is inducted into the armed forces within one of the following periods:
(I) Thirty days after separation;
(II) One hundred eighty days after separation if the individual’s date of induction is delayed solely at the discretion of the armed forces.
If you find your unemployment application denied, contact us for a free evaluation of your case.