{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/60.2-618.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/60.2-618.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/60.2-618.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/60.2-618.html"}],"law_id":61574,"edition_id":1,"section_id":61574,"structure_id":15894,"section_number":"60.2-618","catch_line":"Disqualification for benefits","history":"Code 1950, \u00a7 60-47; 1952, c. 184; 1954, c. 203; 1956, c. 440; 1960, c. 136; 1962, c. 12; 1966, c. 30; 1968, c. 738, \u00a7 60.1-58; 1972, c. 764; 1974, c. 466; 1977, c. 286; 1979, cc. 675, 681; 1981, c. 251; 1982, cc. 319, 363; 1983, c. 559; 1984, c. 458; 1986, c. 480; 1991, c. 296; 1993, c. 249; 1996, cc. 175, 182, 194, 199; 1997, c. 202; 1998, c. 241; 1999, c. 919; 2004, cc. 525, 977; 2005, c. 464; 2008, c. 719; 2009, c. 878; 2013, cc. 175, 771; 2014, cc. 201, 442; 2019, c. 618.","full_text":"An individual shall be disqualified for benefits upon separation from the last employing unit for whom he has worked 30 days or 240 hours or from any subsequent employing unit:\n\n1\n\nFor any week benefits are claimed until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment, if the Commission finds such individual is unemployed because he left work voluntarily without good cause.\n\t\t\tIf (a) at the time of commencing employment with such employing unit an individual is enrolled in an accredited academic program of study provided by an institution of higher education for students that have been awarded a baccalaureate degree, which academic program culminates in the awarding of a master’s, doctoral, or professional degree; (b) the individual’s employment with such employing unit commenced and ended during the period between spring and fall semesters of the academic program in which the individual is enrolled; and (c) the individual returned to such academic program following his separation from such employing unit, there shall be a rebuttable presumption that the individual left work voluntarily.\n\t\t\tAs used in this chapter, “good cause” shall not include (1) voluntarily leaving work with an employer to become self-employed or (2) voluntarily leaving work with an employer to accompany or to join his or her spouse in a new locality, except where an individual leaves employment to accompany a spouse to the location of the spouse’s new duty assignment if (A) the spouse is on active duty in the military or naval services of the United States; (B) the spouse’s relocation to a new military-related assignment is pursuant to a permanent change of station order; (C) the location of the spouse’s new duty assignment is not readily accessible from the individual’s place of employment; and (D) except for members of the Virginia National Guard relocating to a new assignment within the Commonwealth, the spouse’s new duty assignment is located in a state that, pursuant to statute, does not deem a person accompanying a military spouse as a person leaving work voluntarily without good cause. An individual shall not be deemed to have voluntarily left work solely because the separation was in accordance with a seniority-based policy.2\n\na. For any week benefits are claimed until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment, if the Commission finds such individual is unemployed because he has been discharged for misconduct connected with his work.\n\t\t\tb. For the purpose of this subdivision, “misconduct” includes, but shall not be limited to:1\n\nAn employee’s confirmed positive test for a nonprescribed controlled substance, identified as such in Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1, where such test was conducted at the direction of his employer in conjunction with the employer’s administration and enforcement of a known workplace drug policy. Such test shall have been performed, and a sample collected, in accordance with scientifically recognized standards by a laboratory accredited by the United States Department of Health and Human Services, or the College of American Pathology, or the American Association for Clinical Chemistry, or the equivalent, or shall have been a United States Department of Transportation-qualified drug screen conducted in accordance with the employer’s bona fide drug policy. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.2\n\nAn employee’s intentionally false or misleading statement of a material nature concerning past criminal convictions made in a written job application furnished to the employer, where such statement was a basis for the termination and the employer terminated the employee promptly upon the discovery thereof. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.3\n\nA willful and deliberate violation of a standard or regulation of the Commonwealth, by an employee of an employer licensed or certified by the Commonwealth, which violation would cause the employer to be sanctioned or have its license or certification suspended by the Commonwealth. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.4\n\nChronic absenteeism or tardiness in deliberate violation of a known policy of the employer or one or more unapproved absences following a written reprimand or warning relating to more than one unapproved absence. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.5\n\nAn employee’s loss of or failure to renew a license or certification that is a requisite of the position held by the employee, provided the employer is not at fault for the employee’s loss of or failure to renew the license or certification. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.3\n\na. If it is determined by the Commission that such individual has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the Commission or to accept suitable work when offered him. The disqualification shall commence with the week in which such failure occurred, and shall continue for the period of unemployment next ensuing until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment.\n\t\t\tb. In determining whether or not any work is suitable for an individual, the Commission shall consider the degree of risk involved to his health, safety and morals, his physical fitness and prior training, his experience, his length of unemployment and the accessibility of the available work from his residence.\n\t\t\tc. No work shall be deemed suitable and benefits shall not be denied under this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions:1\n\nIf the position offered is vacant due directly to a strike, lockout, or other labor dispute;2\n\nIf the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or3\n\nIf as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.\n\t\t\t\td. No individual shall be qualified for benefits during any week that such individual, in connection with an offer of suitable work, has a confirmed positive test for a nonprescribed controlled substance, identified as such in Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1, if the test is required as a condition of employment and (i) performed, and a sample is collected, in accordance with scientifically recognized standards by a laboratory accredited by the United States Department of Health and Human Services, or the College of American Pathology, or the American Association for Clinical Chemistry, or the equivalent, or (ii) a United States Department of Transportation-qualified drug screen conducted in accordance with the employer’s bona fide drug policy. The disqualification shall commence with the week in which such a test was conducted, and shall continue for the period of unemployment next ensuing until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment.4\n\nFor 52 weeks, beginning with the date of the determination or decision, if the Commission finds that such individual, within 36 calendar months immediately preceding such determination or decision, has made a false statement or representation knowing it to be false, or has knowingly failed to disclose a material fact, to obtain or increase any benefit or payment under this title, the unemployment compensation of any other state, or any other program of the federal government which is administered in any way under this title, either for himself or any other person. Overpayments that have been fraudulently obtained and any penalty assessed against the individual pursuant to § 60.2-636 shall be recoverable as provided in § 60.2-633.5\n\nIf such separation arose as a result of an unlawful act which resulted in a conviction and after his release from prison or jail until he has performed services for an employer for (i) 30 days, whether or not such days are consecutive, or (ii) 240 hours, and subsequently becomes totally or partially separated from such employment.6\n\nIf such separation arose as a condition of the individual’s parole or release from a custodial or penal institution and such individual was participating in the community corrections alternative program pursuant to § 19.2-316.4.","order_by":null,"text":{"0":{"id":224820,"text":"An individual shall be disqualified for benefits upon separation from the last employing unit for whom he has worked 30 days or 240 hours or from any subsequent employing unit:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":224821,"text":"For any week benefits are claimed until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment, if the Commission finds such individual is unemployed because he left work voluntarily without good cause.\n\t\t\tIf (a) at the time of commencing employment with such employing unit an individual is enrolled in an accredited academic program of study provided by an institution of higher education for students that have been awarded a baccalaureate degree, which academic program culminates in the awarding of a master’s, doctoral, or professional degree; (b) the individual’s employment with such employing unit commenced and ended during the period between spring and fall semesters of the academic program in which the individual is enrolled; and (c) the individual returned to such academic program following his separation from such employing unit, there shall be a rebuttable presumption that the individual left work voluntarily.\n\t\t\tAs used in this chapter, “good cause” shall not include (1) voluntarily leaving work with an employer to become self-employed or (2) voluntarily leaving work with an employer to accompany or to join his or her spouse in a new locality, except where an individual leaves employment to accompany a spouse to the location of the spouse’s new duty assignment if (A) the spouse is on active duty in the military or naval services of the United States; (B) the spouse’s relocation to a new military-related assignment is pursuant to a permanent change of station order; (C) the location of the spouse’s new duty assignment is not readily accessible from the individual’s place of employment; and (D) except for members of the Virginia National Guard relocating to a new assignment within the Commonwealth, the spouse’s new duty assignment is located in a state that, pursuant to statute, does not deem a person accompanying a military spouse as a person leaving work voluntarily without good cause. An individual shall not be deemed to have voluntarily left work solely because the separation was in accordance with a seniority-based policy.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":224822,"text":"a. For any week benefits are claimed until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment, if the Commission finds such individual is unemployed because he has been discharged for misconduct connected with his work.\n\t\t\tb. For the purpose of this subdivision, “misconduct” includes, but shall not be limited to:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"21"},"3":{"id":224823,"text":"An employee’s confirmed positive test for a nonprescribed controlled substance, identified as such in Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1, where such test was conducted at the direction of his employer in conjunction with the employer’s administration and enforcement of a known workplace drug policy. Such test shall have been performed, and a sample collected, in accordance with scientifically recognized standards by a laboratory accredited by the United States Department of Health and Human Services, or the College of American Pathology, or the American Association for Clinical Chemistry, or the equivalent, or shall have been a United States Department of Transportation-qualified drug screen conducted in accordance with the employer’s bona fide drug policy. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.","type":"section","prefixes":["2","1"],"prefix":"1","entire_prefix":"21","prefix_anchor":"21","level":2,"prior_prefix":"2","next_prefix":"22"},"4":{"id":224824,"text":"An employee’s intentionally false or misleading statement of a material nature concerning past criminal convictions made in a written job application furnished to the employer, where such statement was a basis for the termination and the employer terminated the employee promptly upon the discovery thereof. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.","type":"section","prefixes":["2","2"],"prefix":"2","entire_prefix":"22","prefix_anchor":"22","level":2,"prior_prefix":"21","next_prefix":"23"},"5":{"id":224825,"text":"A willful and deliberate violation of a standard or regulation of the Commonwealth, by an employee of an employer licensed or certified by the Commonwealth, which violation would cause the employer to be sanctioned or have its license or certification suspended by the Commonwealth. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.","type":"section","prefixes":["2","3"],"prefix":"3","entire_prefix":"23","prefix_anchor":"23","level":2,"prior_prefix":"22","next_prefix":"24"},"6":{"id":224826,"text":"Chronic absenteeism or tardiness in deliberate violation of a known policy of the employer or one or more unapproved absences following a written reprimand or warning relating to more than one unapproved absence. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.","type":"section","prefixes":["2","4"],"prefix":"4","entire_prefix":"24","prefix_anchor":"24","level":2,"prior_prefix":"23","next_prefix":"25"},"7":{"id":224827,"text":"An employee’s loss of or failure to renew a license or certification that is a requisite of the position held by the employee, provided the employer is not at fault for the employee’s loss of or failure to renew the license or certification. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.","type":"section","prefixes":["2","5"],"prefix":"5","entire_prefix":"25","prefix_anchor":"25","level":2,"prior_prefix":"24","next_prefix":"3"},"8":{"id":224828,"text":"a. If it is determined by the Commission that such individual has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the Commission or to accept suitable work when offered him. The disqualification shall commence with the week in which such failure occurred, and shall continue for the period of unemployment next ensuing until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment.\n\t\t\tb. In determining whether or not any work is suitable for an individual, the Commission shall consider the degree of risk involved to his health, safety and morals, his physical fitness and prior training, his experience, his length of unemployment and the accessibility of the available work from his residence.\n\t\t\tc. No work shall be deemed suitable and benefits shall not be denied under this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions:","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"25","next_prefix":"31"},"9":{"id":224829,"text":"If the position offered is vacant due directly to a strike, lockout, or other labor dispute;","type":"section","prefixes":["3","1"],"prefix":"1","entire_prefix":"31","prefix_anchor":"31","level":2,"prior_prefix":"3","next_prefix":"32"},"10":{"id":224830,"text":"If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or","type":"section","prefixes":["3","2"],"prefix":"2","entire_prefix":"32","prefix_anchor":"32","level":2,"prior_prefix":"31","next_prefix":"33"},"11":{"id":224831,"text":"If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.\n\t\t\t\td. No individual shall be qualified for benefits during any week that such individual, in connection with an offer of suitable work, has a confirmed positive test for a nonprescribed controlled substance, identified as such in Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1, if the test is required as a condition of employment and (i) performed, and a sample is collected, in accordance with scientifically recognized standards by a laboratory accredited by the United States Department of Health and Human Services, or the College of American Pathology, or the American Association for Clinical Chemistry, or the equivalent, or (ii) a United States Department of Transportation-qualified drug screen conducted in accordance with the employer’s bona fide drug policy. The disqualification shall commence with the week in which such a test was conducted, and shall continue for the period of unemployment next ensuing until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment.","type":"section","prefixes":["3","3"],"prefix":"3","entire_prefix":"33","prefix_anchor":"33","level":2,"prior_prefix":"32","next_prefix":"4"},"12":{"id":224832,"text":"For 52 weeks, beginning with the date of the determination or decision, if the Commission finds that such individual, within 36 calendar months immediately preceding such determination or decision, has made a false statement or representation knowing it to be false, or has knowingly failed to disclose a material fact, to obtain or increase any benefit or payment under this title, the unemployment compensation of any other state, or any other program of the federal government which is administered in any way under this title, either for himself or any other person. Overpayments that have been fraudulently obtained and any penalty assessed against the individual pursuant to § 60.2-636 shall be recoverable as provided in § 60.2-633.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"33","next_prefix":"5"},"13":{"id":224833,"text":"If such separation arose as a result of an unlawful act which resulted in a conviction and after his release from prison or jail until he has performed services for an employer for (i) 30 days, whether or not such days are consecutive, or (ii) 240 hours, and subsequently becomes totally or partially separated from such employment.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"14":{"id":224834,"text":"If such separation arose as a condition of the individual’s parole or release from a custodial or penal institution and such individual was participating in the community corrections alternative program pursuant to § 19.2-316.4.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5"}},"ancestry":[{"id":15894,"edition_id":1,"name":"Eligibility Criteria","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12884,"metadata":{},"date_created":"2026-06-26 04:01:25","date_modified":"2026-06-26 04:01:25","permalink":{"id":267899,"object_type":"structure","relational_id":15894,"identifier":"4","token":"60.2\/6\/4","url":"\/60.2\/6\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12884,"edition_id":1,"name":"Benefits","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12883,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":267835,"object_type":"structure","relational_id":12884,"identifier":"6","token":"60.2\/6","url":"\/60.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12883,"edition_id":1,"name":"Unemployment Compensation","identifier":"60.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":267273,"object_type":"structure","relational_id":12883,"identifier":"60.2","token":"60.2","url":"\/60.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66224,"structure_id":15894,"section_number":"60.2-612","catch_line":"Benefit eligibility conditions","url":"\/60.2-612\/","token":"60.2\/6\/4\/60.2-612","metadata":false},{"id":72730,"structure_id":15894,"section_number":"60.2-612.1","catch_line":"(Effective July 1, 2028) Program Integrity","url":"\/60.2-612.1\/","token":"60.2\/6\/4\/60.2-612.1","metadata":false},{"id":83329,"structure_id":15894,"section_number":"60.2-613","catch_line":"Benefits not denied to individuals in training with approval of Commission","url":"\/60.2-613\/","token":"60.2\/6\/4\/60.2-613","metadata":false},{"id":76975,"structure_id":15894,"section_number":"60.2-614","catch_line":"Service required during immediately preceding benefit year in which individual received benefits","url":"\/60.2-614\/","token":"60.2\/6\/4\/60.2-614","metadata":false},{"id":69979,"structure_id":15894,"section_number":"60.2-615","catch_line":"Benefits based on employment by state or political subdivision, certain hospitals, educational institutions and charitable, etc., organizations","url":"\/60.2-615\/","token":"60.2\/6\/4\/60.2-615","metadata":false},{"id":82975,"structure_id":15894,"section_number":"60.2-616","catch_line":"Benefits based on services in connection with sports","url":"\/60.2-616\/","token":"60.2\/6\/4\/60.2-616","metadata":false},{"id":80877,"structure_id":15894,"section_number":"60.2-617","catch_line":"Benefits denied to certain aliens","url":"\/60.2-617\/","token":"60.2\/6\/4\/60.2-617","metadata":false},{"id":61574,"structure_id":15894,"section_number":"60.2-618","catch_line":"Disqualification for benefits","url":"\/60.2-618\/","token":"60.2\/6\/4\/60.2-618","metadata":false}],"previous_section":{"id":80877,"structure_id":15894,"section_number":"60.2-617","catch_line":"Benefits denied to certain aliens","url":"\/60.2-617\/","token":"60.2\/6\/4\/60.2-617","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/60.2-618\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 29 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 184; in 1954, chapter 203; in 1956, chapter 440; in 1960, chapter 136; in 1962, chapter 12; in 1966, chapter 30; in 1968, chapter 738; in 1972, chapter 764; in 1974, chapter 466; in 1977, chapter 286; in 1979, chapters 675 and 681; in 1981, chapter 251; in 1982, chapters 319 and 363; in 1983, chapter 559; in 1984, chapter 458; in 1986, chapter 480; in 1991, chapter 296; in 1993, chapter 249; in 1996, chapters 175<\/a>, 182<\/a>, 194<\/a>, and 199<\/a>; in 1997, chapter 202<\/a>; in 1998, chapter 241<\/a>; in 1999, chapter 919<\/a>; in 2004, chapters 525<\/a> and 977<\/a>; in 2005, chapter 464<\/a>; in 2008, chapter 719<\/a>; in 2009, chapter 878<\/a>; in 2013, chapters 175<\/a> and 771<\/a>; in 2014, chapters 201<\/a> and 442<\/a>; in 2019, chapter 618<\/a>.<\/p>","references":[{"id":55325,"section_number":"38.2-3541","catch_line":"Continuation on termination of eligibility","order_by":null,"url":"\/38.2-3541\/"},{"id":57947,"section_number":"60.2-611","catch_line":"Receipt of extended benefits","order_by":null,"url":"\/60.2-611\/"},{"id":66224,"section_number":"60.2-612","catch_line":"Benefit eligibility conditions","order_by":null,"url":"\/60.2-612\/"},{"id":83329,"section_number":"60.2-613","catch_line":"Benefits not denied to individuals in training with approval of Commission","order_by":null,"url":"\/60.2-613\/"},{"id":61849,"section_number":"60.2-619","catch_line":"Determinations and decisions by deputy; appeals therefrom","order_by":null,"url":"\/60.2-619\/"},{"id":70615,"section_number":"60.2-625","catch_line":"Judicial review","order_by":null,"url":"\/60.2-625\/"},{"id":87367,"section_number":"60.2-633","catch_line":"(Effective July 1, 2028) Receiving benefits to which not entitled","order_by":null,"url":"\/60.2-633\/"},{"id":66536,"section_number":"60.2-636","catch_line":"Penalty for fraudulent claim","order_by":null,"url":"\/60.2-636\/"},{"id":66665,"section_number":"60.2-637","catch_line":"Notice of penalties for false or misleading statements","order_by":null,"url":"\/60.2-637\/"}],"refers_to":[{"id":76761,"section_number":"19.2-316.4","catch_line":"Eligibility for participation in community corrections alternative program; evaluation; sentencing; withdrawal or removal from program; payment of costs","order_by":null,"url":"\/19.2-316.4\/"},{"id":77846,"section_number":"54.1-3400","catch_line":"Citation","order_by":null,"url":"\/54.1-3400\/"},{"id":66536,"section_number":"60.2-636","catch_line":"Penalty for fraudulent claim","order_by":null,"url":"\/60.2-636\/"}],"permalink":{"id":267929,"object_type":"law","relational_id":61574,"identifier":"60.2-618","token":"60.2\/6\/4\/60.2-618","url":"\/60.2-618\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/60.2-618\/","token":"60.2\/6\/4\/60.2-618","dublin_core":{"Title":"Disqualification for benefits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 60.2-618","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

An individual shall be disqualified for benefits upon separation from the last employing unit for whom he has worked 30 days or 240 hours or from any subsequent employing unit:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For any week benefits are claimed until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment, if the Commission finds such individual is unemployed because he left work voluntarily without good cause.\n\t\t\tIf (a) at the time of commencing employment with such employing unit an individual is enrolled in an accredited academic program of study provided by an institution of higher education for students that have been awarded a baccalaureate degree, which academic program culminates in the awarding of a master’s, doctoral, or professional degree; (b) the individual’s employment with such employing unit commenced and ended during the period between spring and fall semesters of the academic program in which the individual is enrolled; and (c) the individual returned to such academic program following his separation from such employing unit, there shall be a rebuttable presumption<\/span> that the individual left work voluntarily.\n\t\t\tAs used in this chapter, “good cause” shall not include (1) voluntarily leaving work with an employer to become self-employed or (2) voluntarily leaving work with an employer to accompany or to join his or her spouse in a new locality, except where an individual leaves employment to accompany a spouse to the location of the spouse’s new duty assignment if (A) the spouse is on active duty in the military or naval services of the United States; (B) the spouse’s relocation to a new military-related assignment is pursuant to a permanent change of station order<\/span>; (C) the location of the spouse’s new duty assignment is not readily accessible from the individual’s place of employment; and (D) except for members of the Virginia National Guard relocating to a new assignment within the Commonwealth, the spouse’s new duty assignment is located in a state that, pursuant to statute<\/span>, does not deem a person accompanying a military spouse as a person leaving work voluntarily without good cause. An individual shall not be deemed to have voluntarily left work solely because the separation was in accordance with a seniority-based policy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> a. For any week benefits are claimed until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment, if the Commission finds such individual is unemployed because he has been discharged for misconduct connected with his work.\n\t\t\tb. For the purpose of this subdivision, “misconduct” includes, but shall not be limited to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An employee’s confirmed positive test for a nonprescribed controlled substance, identified as such in Chapter 34 (§ 54.1-3400<\/a> et seq.) of Title 54.1, where such test was conducted at the direction of his employer in conjunction with the employer’s administration and enforcement of a known workplace drug policy. Such test shall have been performed, and a sample collected, in accordance with scientifically recognized standards by a laboratory accredited by the United States Department of Health and Human Services, or the College of American Pathology, or the American Association for Clinical Chemistry, or the equivalent, or shall have been a United States Department of Transportation-qualified drug screen conducted in accordance with the employer’s bona fide drug policy. The Commission may consider evidence<\/span> of mitigating circumstances<\/span> in determining whether misconduct occurred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An employee’s intentionally false or misleading statement of a material<\/span> nature concerning past criminal convictions<\/span> made in a written job application furnished to the employer, where such statement was a basis for the termination and the employer terminated the employee promptly upon the discovery<\/span> thereof. The Commission may consider evidence<\/span> of mitigating circumstances<\/span> in determining whether misconduct occurred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A willful and deliberate violation of a standard or regulation of the Commonwealth, by an employee of an employer licensed or certified by the Commonwealth, which violation would cause the employer to be sanctioned or have its license or certification suspended by the Commonwealth. The Commission may consider evidence<\/span> of mitigating circumstances<\/span> in determining whether misconduct occurred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Chronic absenteeism or tardiness in deliberate violation of a known policy of the employer or one or more unapproved absences following a written reprimand or warning relating to more than one unapproved absence. The Commission may consider evidence<\/span> of mitigating circumstances<\/span> in determining whether misconduct occurred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> An employee’s loss of or failure to renew a license or certification that is a requisite of the position held by the employee, provided the employer is not at fault for the employee’s loss of or failure to renew the license or certification. The Commission may consider evidence<\/span> of mitigating circumstances<\/span> in determining whether misconduct occurred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> a. If it is determined by the Commission that such individual has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the Commission or to accept suitable work when offered him. The disqualification shall commence with the week in which such failure occurred, and shall continue for the period of unemployment next ensuing until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment.\n\t\t\tb. In determining whether or not any work is suitable for an individual, the Commission shall consider the degree of risk involved to his health, safety and morals, his physical fitness and prior training, his experience, his length of unemployment and the accessibility of the available work from his residence.\n\t\t\tc. No work shall be deemed suitable and benefits shall not be denied under this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the position offered is vacant due directly to a strike, lockout, or other labor dispute; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.\n\t\t\t\td. No individual shall be qualified for benefits during any week that such individual, in connection with an offer of suitable work, has a confirmed positive test for a nonprescribed controlled substance, identified as such in Chapter 34 (§ 54.1-3400<\/a> et seq.) of Title 54.1, if the test is required as a condition of employment and (i) performed, and a sample is collected, in accordance with scientifically recognized standards by a laboratory accredited by the United States Department of Health and Human Services, or the College of American Pathology, or the American Association for Clinical Chemistry, or the equivalent, or (ii) a United States Department of Transportation-qualified drug screen conducted in accordance with the employer’s bona fide drug policy. The disqualification shall commence with the week in which such a test was conducted, and shall continue for the period of unemployment next ensuing until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> For 52 weeks, beginning with the date of the determination or decision, if the Commission finds that such individual, within 36 calendar months immediately preceding such determination or decision, has made a false statement or representation knowing it to be false, or has knowingly failed to disclose a material<\/span> fact<\/span>, to obtain or increase any benefit or payment under this title, the unemployment compensation of any other state, or any other program of the federal government which is administered in any way under this title, either for himself or any other person. Overpayments that have been fraudulently obtained and any penalty<\/span> assessed against the individual pursuant to § 60.2-636<\/a> shall be recoverable as provided in § 60.2-633<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If such separation arose as a result of an unlawful act which resulted in a conviction<\/span> and after his release from prison or jail until he has performed services for an employer for (i) 30 days, whether or not such days are consecutive, or (ii) 240 hours, and subsequently becomes totally or partially separated from such employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If such separation arose as a condition of the individual’s parole<\/span> or release from a custodial or penal institution and such individual was participating in the community corrections alternative program pursuant to § 19.2-316.4<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISQUALIFICATION FOR BENEFITS (\u00a7 60.2-618)\n\nAn individual shall be disqualified for benefits upon separation from the last\nemploying unit for whom he has worked 30 days or 240 hours or from any\nsubsequent employing unit:\n\n1. For any week benefits are claimed until he has performed services for an\nemployer (i) during 30 days, whether or not such days are consecutive, or (ii)\nfor 240 hours, and subsequently becomes totally or partially separated from such\nemployment, if the Commission finds such individual is unemployed because he\nleft work voluntarily without good cause.\n\t\t\tIf (a) at the time of commencing employment with such employing unit an\nindividual is enrolled in an accredited academic program of study provided by an\ninstitution of higher education for students that have been awarded a\nbaccalaureate degree, which academic program culminates in the awarding of a\nmaster’s, doctoral, or professional degree; (b) the individual’s\nemployment with such employing unit commenced and ended during the period\nbetween spring and fall semesters of the academic program in which the\nindividual is enrolled; and (c) the individual returned to such academic program\nfollowing his separation from such employing unit, there shall be a rebuttable\npresumption that the individual left work voluntarily.\n\t\t\tAs used in this chapter, “good cause” shall not include (1)\nvoluntarily leaving work with an employer to become self-employed or (2)\nvoluntarily leaving work with an employer to accompany or to join his or her\nspouse in a new locality, except where an individual leaves employment to\naccompany a spouse to the location of the spouse’s new duty assignment if\n(A) the spouse is on active duty in the military or naval services of the United\nStates; (B) the spouse’s relocation to a new military-related assignment\nis pursuant to a permanent change of station order; (C) the location of the\nspouse’s new duty assignment is not readily accessible from the\nindividual’s place of employment; and (D) except for members of the\nVirginia National Guard relocating to a new assignment within the Commonwealth,\nthe spouse’s new duty assignment is located in a state that, pursuant to\nstatute, does not deem a person accompanying a military spouse as a person\nleaving work voluntarily without good cause. An individual shall not be deemed\nto have voluntarily left work solely because the separation was in accordance\nwith a seniority-based policy.\n\n2. a. For any week benefits are claimed until he has performed services for an\nemployer (i) during 30 days, whether or not such days are consecutive, or (ii)\nfor 240 hours, and subsequently becomes totally or partially separated from such\nemployment, if the Commission finds such individual is unemployed because he has\nbeen discharged for misconduct connected with his work.\n\t\t\tb. For the purpose of this subdivision, “misconduct” includes,\nbut shall not be limited to:\n\n 1. An employee’s confirmed positive test for a nonprescribed controlled\n substance, identified as such in Chapter 34 (§ 54.1-3400 et seq.) of\n Title 54.1, where such test was conducted at the direction of his employer in\n conjunction with the employer’s administration and enforcement of a\n known workplace drug policy. Such test shall have been performed, and a sample\n collected, in accordance with scientifically recognized standards by a\n laboratory accredited by the United States Department of Health and Human\n Services, or the College of American Pathology, or the American Association\n for Clinical Chemistry, or the equivalent, or shall have been a United States\n Department of Transportation-qualified drug screen conducted in accordance\n with the employer’s bona fide drug policy. The Commission may consider\n evidence of mitigating circumstances in determining whether misconduct\n occurred.\n\n 2. An employee’s intentionally false or misleading statement of a\n material nature concerning past criminal convictions made in a written job\n application furnished to the employer, where such statement was a basis for\n the termination and the employer terminated the employee promptly upon the\n discovery thereof. The Commission may consider evidence of mitigating\n circumstances in determining whether misconduct occurred.\n\n 3. A willful and deliberate violation of a standard or regulation of the\n Commonwealth, by an employee of an employer licensed or certified by the\n Commonwealth, which violation would cause the employer to be sanctioned or\n have its license or certification suspended by the Commonwealth. The\n Commission may consider evidence of mitigating circumstances in determining\n whether misconduct occurred.\n\n 4. Chronic absenteeism or tardiness in deliberate violation of a known policy\n of the employer or one or more unapproved absences following a written\n reprimand or warning relating to more than one unapproved absence. The\n Commission may consider evidence of mitigating circumstances in determining\n whether misconduct occurred.\n\n 5. An employee’s loss of or failure to renew a license or certification\n that is a requisite of the position held by the employee, provided the\n employer is not at fault for the employee’s loss of or failure to renew\n the license or certification. The Commission may consider evidence of\n mitigating circumstances in determining whether misconduct occurred.\n\n3. a. If it is determined by the Commission that such individual has failed,\nwithout good cause, either to apply for available, suitable work when so\ndirected by the employment office or the Commission or to accept suitable work\nwhen offered him. The disqualification shall commence with the week in which\nsuch failure occurred, and shall continue for the period of unemployment next\nensuing until he has performed services for an employer (i) during 30 days,\nwhether or not such days are consecutive, or (ii) for 240 hours, and\nsubsequently becomes totally or partially separated from such employment.\n\t\t\tb. In determining whether or not any work is suitable for an individual, the\nCommission shall consider the degree of risk involved to his health, safety and\nmorals, his physical fitness and prior training, his experience, his length of\nunemployment and the accessibility of the available work from his residence.\n\t\t\tc. No work shall be deemed suitable and benefits shall not be denied under\nthis title to any otherwise eligible individual for refusing to accept new work\nunder any of the following conditions:\n\n 1. If the position offered is vacant due directly to a strike, lockout, or\n other labor dispute;\n\n 2. If the wages, hours, or other conditions of the work offered are\n substantially less favorable to the individual than those prevailing for\n similar work in the locality; or\n\n 3. If as a condition of being employed the individual would be required to\n join a company union or to resign from or refrain from joining any bona fide\n labor organization.\n \t\t\t\td. No individual shall be qualified for benefits during any week that such\n individual, in connection with an offer of suitable work, has a confirmed\n positive test for a nonprescribed controlled substance, identified as such in\n Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1, if the test is required\n as a condition of employment and (i) performed, and a sample is collected, in\n accordance with scientifically recognized standards by a laboratory accredited\n by the United States Department of Health and Human Services, or the College\n of American Pathology, or the American Association for Clinical Chemistry, or\n the equivalent, or (ii) a United States Department of Transportation-qualified\n drug screen conducted in accordance with the employer’s bona fide drug\n policy. The disqualification shall commence with the week in which such a test\n was conducted, and shall continue for the period of unemployment next ensuing\n until he has performed services for an employer (i) during 30 days, whether or\n not such days are consecutive, or (ii) for 240 hours, and subsequently becomes\n totally or partially separated from such employment.\n\n4. For 52 weeks, beginning with the date of the determination or decision, if\nthe Commission finds that such individual, within 36 calendar months immediately\npreceding such determination or decision, has made a false statement or\nrepresentation knowing it to be false, or has knowingly failed to disclose a\nmaterial fact, to obtain or increase any benefit or payment under this title,\nthe unemployment compensation of any other state, or any other program of the\nfederal government which is administered in any way under this title, either for\nhimself or any other person. Overpayments that have been fraudulently obtained\nand any penalty assessed against the individual pursuant to § 60.2-636\nshall be recoverable as provided in § 60.2-633.\n\n5. If such separation arose as a result of an unlawful act which resulted in a\nconviction and after his release from prison or jail until he has performed\nservices for an employer for (i) 30 days, whether or not such days are\nconsecutive, or (ii) 240 hours, and subsequently becomes totally or partially\nseparated from such employment.\n\n6. If such separation arose as a condition of the individual’s parole or\nrelease from a custodial or penal institution and such individual was\nparticipating in the community corrections alternative program pursuant to\n§ 19.2-316.4.\n\nHISTORY: Code 1950, \u00a7 60-47; 1952, c. 184; 1954, c. 203; 1956, c. 440; 1960, c.\n136; 1962, c. 12; 1966, c. 30; 1968, c. 738, \u00a7 60.1-58; 1972, c. 764; 1974, c.\n466; 1977, c. 286; 1979, cc. 675, 681; 1981, c. 251; 1982, cc. 319, 363; 1983,\nc. 559; 1984, c. 458; 1986, c. 480; 1991, c. 296; 1993, c. 249; 1996, cc. 175,\n182, 194, 199; 1997, c. 202; 1998, c. 241; 1999, c. 919; 2004, cc. 525, 977;\n2005, c. 464; 2008, c. 719; 2009, c. 878; 2013, cc. 175, 771; 2014, cc. 201,\n442; 2019, c. 618.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}