California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-8 - Voluntary Leaving -Good Cause -Transportation to Work

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section relates to whether
						  good cause exists for leaving most recent work when an individual leaves work
						  due to distance or other problems of transportation to work. Sections
						  1256-1,
						  1256-2, and
						  1256-3 of these regulations set
						  forth general principles also applicable under this section.
(b) General. An individual who leaves work
						  due to distance or other problems of transportation to work does so with good
						  cause if a reasonable person genuinely desirous of retaining employment and
						  similarly situated would have been compelled to leave work after having sought
						  without success all reasonable alternatives by which to provide transportation
						  to work. Transportation to work is the personal responsibility of the employee
						  unless special circumstances or local custom reasonably require the employer to
						  furnish transportation.
(c) Leaving
						  Work--Good Cause. An individual leaves work with good cause if all of the
						  following conditions exist:
(1) The problem of
						  transportation to work which causes the leaving of work is the result of a
						  substantial change such as a change in the customary means of transportation, a
						  change of circumstances beyond the claimant's control such as a health problem
						  or a change in work shifts or work hours by the employer, a change in the
						  employer's place of business, or a change of the claimant's place of residence
						  for compelling reasons.
(2) Neither
						  private nor public transportation is reasonably available or feasible when all
						  pertinent factors are considered such as the ease or difficulty of access to
						  transportation facilities, distance to work, travel time, cost of
						  transportation in relation to earnings, the individual's age and physical
						  condition, risks to the individual's safety which may be incurred by the use of
						  available transportation, and local customs and practices.
(3) Prior to leaving work, the individual
						  explored without success reasonable alternatives to solve a transportation
						  problem such as a carpool, a transfer to a different shift or a more convenient
						  location with the same employer, or a temporary leave of absence from
						  employment pending the availability of suitable transportation, or other
						  reasonable alternatives which would not cause undue hardship to the individual.
COMMENTS. Transportation problems vary from case to
							 case. Precise guidelines are impractical. Each situation is decided on its own
							 particular facts according to the objective test of whether a reasonable person
							 genuinely desirous of retaining employment would be compelled to leave work
							 under the same circumstances. Nevertheless, certain considerations cut across
							 all cases. For example, distance to work is not alone a controlling factor but
							 is examined in relation to the required travel time, the cost of travel in
							 relation to the claimant's earnings, local commuting practices, and other
							 factors. A claimant who changes residence to a location from which commuting to
							 work is still reasonable does not have good cause for leaving work due to
							 transportation shifts even if the change in residence is for compelling
							 reasons. If commuting from the claimant's new residence is unreasonable, good
							 cause for leaving work turns upon whether the claimant's reasons for moving are
							 compelling. A claimant who changes residence for noncompelling reasons leaves
							 work without good cause even if commuting from the new residence is
							 unreasonable.
EXAMPLE 1. Claimant A left work in one California
							 community to preserve A's marriage and to go with the family to a nearby
							 California community. There was no public transportation between the two
							 communities, and no carpool arrangement to the former work was available. No
							 transfer was possible. The pay in the former job was 85 cents an hour. The
							 daily cost of commuting from the new community would have been about $2.
A's leaving is with good cause because the cost of
							 commuting by private car was excessive in relation to the earnings, there was
							 no reasonable alternative available, and the preservation of the marriage is a
							 compelling reason for leaving.
EXAMPLE 2. B commuted for about 3/4 of an hour from
							 California Community X to work in a plant in Community W. B left the work in
							 Community W when B moved with the family to Community Y from which the travel
							 time to commute to Community W was about 1 hour. The increase in the cost of
							 commuting was nominal. Public transportation was reasonably available.
							 Employees of the employer in Community W had ongoing carpool programs. B
							 decided not to use the family car to commute to Community W, made no effort to
							 locate public transportation, and did not explore carpool arrangements.
B's leaving is without good cause, since the
							 increased cost and time of commuting was not substantial, and B did not make
							 any effort to use available solutions of public transportation or carpool
							 arrangements.
EXAMPLE 3. C left her work because she had to walk a
							 considerable distance in the city to take her employer's bus to work, and
							 repeat that long walk alone at 2 a.m. upon returning from work. There was a
							 threat to her personal safety during the night-time walk. The travel time on
							 the bus was over 1 hour. C had no private car, and no public transportation or
							 carpool arrangement was available.
C's leaving is with good cause due to the threat to
							 her safety, in view of the lack of transportation or other reasonable
							 alternative, and the distance and total travel time involved.
EXAMPLE 4. D commuted by private car to work 60 miles
							 each way daily, approximately 2 hours each way. D was 66 years of age. D's work
							 duties included climbing ladders and moving in and out of planes. Although D
							 was in good health, D began to suffer fatigue during the commute to work. On
							 one occasion D dozed off during the commute and D's car struck a barricade. D
							 left work after and due to this incident, although D was not injured. No
							 transfer, carpool, or other alternative was available
D's leaving is with good cause, due to advanced age
							 related to the substantial hazard in commuting to and from work, and the
							 excessive distance and travel time in commuting.