AUTHORITY: Implementing and authorized by Sections 409, 500, 1700 and 1701 of the Unemployment Insurance Act [820 ILCS 405].

SOURCE: Adopted at 10 Ill. Reg. 11887, effective July 1, 1986; amended at 14 Ill. Reg. 18466, effective November 5, 1990; amended at 17 Ill. Reg. 17917, effective October 4, 1993; amended at 18 Ill. Reg. 4160, effective March 3, 1994; emergency amendment at 18 Ill. Reg. 17764, effective November 28, 1994, for a maximum of 150 days; amended at 19 Ill. Reg. 6555, effective April 28, 1995; amended at 29 Ill. Reg. 1927, effective January 24, 2005; amended at 33 Ill. Reg. 9675, effective August 1, 2009; amended at 35 Ill. Reg. 6154, effective March 25, 2011; amended at 43 Ill. Reg. 6522, effective May 14, 2019; emergency amendment at 44 Ill. Reg. 5458, effective March 13, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 11787, effective July 1, 2020; emergency amendment at 44 Ill. Reg. 11840, effective July 6, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 17662, effective October 23, 2020.

SUBPART A: GENERAL PROVISIONS

 

Section 2865.1  Definitions

 

All other terms used in this Part shall have the meanings ascribed in  Sections 200 through 247 of the Unemployment Insurance Act  [820 ILCS 405], unless the context requires otherwise.

 

"Act" means the Unemployment Insurance Act [820 ILCS 405].

 

"Claimant" means a person who applies for benefits under the Act.

 

"Customary occupation" means the work in which the individual was last engaged or the occupation for which he or she is best qualified by training, experience and education.

 

"Department" means the Illinois Department of Employment Security.

 

"Employing unit" shall have the same meaning ascribed in Section 204 of the Act.

 

"Full-time work" is the number of hours a class of workers would customarily work if the employing unit had all of the work it could handle without working overtime. Except when the contrary is provided by a collective bargaining agreement or company policy, full-time work is customarily 40 hours per week. For example, 37.5 hours per week is full-time work for Illinois State employees because it is so provided by State personnel policy.

 

"Local office" means the office of the Department servicing claimants who live in a specific geographical area.

 

"Regular employing unit" is either the employing unit for which an individual expects to continue working and to work full time if business warrants it, or any employing unit for which the individual worked full time for nine consecutive weeks during the preceding 52 weeks.

 

"Temporary help firm" means an employing unit that hires its own employees and assigns them to clients to support or supplement the client's workforce in work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects.

 

(Source:  Amended at 43 Ill. Reg. 6522, effective May 14, 2019)

 

Section 2865.50  Union Registration in Satisfaction of Active Search Provisions

 

a)         Upon request, a claimant will satisfy the active search for work provisions of Section 500(C) of the Act by registering for work with a union qualified under Section 2865.55.

 

1)         A claimant who is unemployed, belongs to the job classification of workers represented by the union and reports periodically (but not less than monthly), as required by the union, to his or her local union placement service, shall meet the work search requirements of Section 500(C) of the Act.

 

2)         Meeting the requirements set forth in subsection (a)(1) shall not relieve the claimant from satisfying all other requirements of the Act regarding eligibility for benefits, including the additional work search requirements of Section 409(K) of the Act.

 

b)         The Agency shall maintain an updated listing of all unions qualified under Section 2865.55.

 

c)         Any local union certified by the Director before July 1, 1986 shall continue to be certified, without further action on its part, so long as it continues to meet the requirements of Section 2865.55(a).

 

(Source:  Amended at 35 Ill. Reg. 6154, effective March 25, 2011)

 

Section 2865.55  Requirements For Union Local Certification

 

a)         To meet the placement service requirements of Section 2865.50(a)(1), a union local must establish that:

 

1)         It maintains a placement service which is available during all reasonable hours, and is available to Agency personnel for information regarding such workers;

 

2)         It maintains accurate records of a claimant's original registration, referrals to work, refusal of work with reasons therefor, and records of job orders and their status; and,

 

3)         All employers which are contractually bound to that local must fill all of their job openings by first hiring from that local's placement service.  In such a situation, that local then controls referral to all the job opportunities in that designated locale in the trade or occupation, as though the users of its placement service personally visited each of these contractually bound employers.

 

4)         In the absence of such contractual obligation, a local may still be approved upon showing that it does, as a practical matter, fill substantially all of the job openings in the designated locale.

 

b)         If a union local fails to maintain any of the above requirements of this Section, it shall lose its certified status until such time as it requalifies under the procedures set forth in Section 2865.60.

 

c)         After being granted certified status, such local shall submit, not more than annually, such information maintained in writing pursuant to Section 2865.55(a)(2) that will show that the union local still meets the requirements of subsection (a).

 

Section 2865.60  Procedures for Approval as a Certified Union

 

a)         Any union local may seek approval under Section 2865.55 by requesting from the local office of the Adjudication Section of Field Operations a Union Registration and Placement Questionnaire (Ben-629) that requests the information necessary to insure compliance with the requirements on placement services in Section 2865.55.  The form shall be completed and returned to:

 

Field Operations, Adjudication Section

Illinois Department of Employment Security

33 South State Street, 9^th Floor Mezzanine

Chicago, Illinois 60603

 

b)         If a union local is disapproved, written notice for the reasons for the disapproval shall be provided to the union local.  All inquiries for supplementary information, explanations or assistance shall be directed to the Adjudication Section of Field Operations that shall:

 

1)         Explain the basis for disapproval; and

 

2)         Advise the union local regarding any adjustments in record keeping and activities that may be necessary to meet the standards for approval under Section 2865.55(a).

 

c)         If a union local is approved, it shall be advised in writing and added to the listing set forth in Section 2865.50(b).

 

d)         Since disapproval of a union local under subsection (b) does not adversely affect its rights under the Act, there is no right of administrative review within the Department under the Act.  However, if an individual claimant is denied benefits under Section 500 of the Act, the individual, in his or her appeal under Section 800 of the Act may raise the wrongful disapproval of his or her union local as an issue in an appeal.

 

(Source:  Amended at 43 Ill. Reg. 6522, effective May 14, 2019)

SUBPART B: REGULAR BENEFITS

 

Section 2865.100  Work Search Requirements for Regular Unemployment Insurance Benefits

 

a)         Unless otherwise instructed, the claimant must establish that he or she is able to work, available for work and actively seeking work during each week for which he or she is claiming benefits.

 

1)         The claimant must register with the Illinois Employment Service unless otherwise instructed by the local office for one of the following reasons:

 

A)        The claimant's unemployment is due to a labor dispute at his or her last employing unit even if the claimant is not involved in the dispute;

 

B)        The claimant's unemployment is due to a temporary lay-off not exceeding 10 weeks in duration;

 

C)        The claimant is a member of a labor union whose placement service has been certified by the Department under this Part;

 

D)        The claimant is still attached to a regular job but he or she is only partially employed due to a temporary reduction in hours;

 

E)        The claimant is a seasonal worker who is between seasons and has a reasonable expectation of returning to the same job in the next succeeding season.  For example, park, golf course and landscape workers would fall within this subsection (a)(1)(E) during a winter shutdown;

 

F)         The claimant is an academic worker, such as a teacher or school administrator, or a non-academic employee, such as a food service worker or school bus driver, who is seeking work at an educational institution or for a company that contracts with an educational institution during a period between academic years or terms;

 

G)        The claimant is a construction worker seeking construction work, whether or not he or she belongs to a union that operates a hiring hall defined in Section 2865.50;

 

H)        The claimant is enrolled and participating in training, whether or not that training is approved under Section 500C5 of the Act;

 

I)         The claimant is a resident of a state that borders Illinois and has filed a claim in this State;

 

J)         The Department determines that, based on local labor market information, registration with the Illinois Employment Service would not increase the likelihood of the claimant's return to work; or

 

K)        The claimant's unemployment is due to a temporary lay-off resulting from a temporary closing attributable to the COVID-19 virus.

 

2)         The claimant must show that he or she is conducting a thorough, active and reasonable search for appropriate work on his or her own by keeping records of what he or she is doing to find work, including:

 

A)        The names and addresses of the employing units contacted and the names of the specific persons contacted, if possible;

 

B)        The dates, methods and results of the contacts;

 

C)        The types of work that the claimant has been seeking, including wages and hours requested or desired; and

 

D)        Any other information regarding work search efforts.

 

b)         The claimant shall provide the written records required by this Section to the Department whenever requested, under Section 2720.115, or, in the event of a Claims Adjudicator's interview, an appeal or a hearing in which work search is an issue.  Even if the claimant has been denied benefits, he or she must either continue to certify by telephone (see Section 2720.112) or complete and file the Claim Certification through the internet every 2 weeks and meet the eligibility requirements of the Act for each week for which he or she expects payment upon reversal of that denial.

 

(Source:  Amended at 44 Ill. Reg. 11787, effective July 1, 2020)

 

Section 2865.105  Able to Work

 

a)         An individual is able to work when he or she is physically and mentally capable of performing work for which he or she is otherwise qualified. An individual is considered able to work to the full extent permitted by 20 CFR 604, effective February 15, 2007, except when inconsistent with the express holding of published Illinois case law.

 

EXAMPLE: A claimant who had been a clerk at a retail store is responsible for a minor child who is prevented from attending school due to closures resulting from the COVID-19 virus. The claimant must stay home from work to watch his/her child until school reopens. However, the claimant is able to perform work that could be performed from the isolation of his/her home (e.g., transcribing, data entry, virtual assistant services). While the claimant has most recently worked at retail locations, he/she is able to work due to his/her ability to work at home.

 

b)         The focus is upon the individual's condition, the employer's willingness to hire him or her is not relevant.

 

1)         EXAMPLE:  An individual is 60 years old, worked as a warehouseman for 40 years and is physically able to continue doing so. Employers' reluctance to hire him, because of his age, does not render him unable to work.

 

2)         EXAMPLE:  An individual tests positive for tuberculosis, a contagious disease, and, by law, is not permitted to continue working as a school teacher. He applies for jobs as a school teacher. It is the individual's condition, not school districts' unwillingness to hire him, that renders him unable to work. The individual would be considered able to work if he was seeking jobs that the law permitted him to perform and that he was physically and mentally capable of performing.

 

3)         EXAMPLE:  The individual has been discharged from numerous jobs because of repeated absenteeism due to habitual alcohol and drug use. When he reports to his local office, he reeks of alcohol and slurs his words. This individual will be determined to be unable to perform any type of work. It is his condition, not an employer's unwillingness to hire him, that renders him unable to work.

 

c)         The focus is upon any work for which the individual is qualified, not limited to his or her usual or most recent job.

 

EXAMPLE:  An individual, who is 7 months pregnant, quits her job as an assembler because the job is strenuous and requires her to be constantly on her feet. She applies for desk work as a telephone receptionist, a job for which she is qualified. She would be determined to be able to work.

 

d)         The best evidence that an individual with a disability is able to work in a particular occupation is that he or she has actually performed the work.

 

EXAMPLE:  An individual has cerebral palsy, which impairs his bodily functions and reduces his work output. However, he has training and experience as a computer operator and has shown that he is capable, within his physical limitations, of performing the work. He would be determined to be able to work.

 

(Source:  Amended at 44 Ill. Reg. 11787, effective July 1, 2020)

 

Section 2865.110  Available for Work

 

a)         An individual is available for work,  even if he or she imposes conditions upon the acceptance of work,  unless a condition so narrows opportunities that he or she has no reasonable prospect of securing work. An individual is considered available for work to the full extent permitted by 20 CFR 604, effective February 15, 2007, except when inconsistent with the express holding of published Illinois case law.

 

EXAMPLE 1:  An individual who lives in a remote rural area limits his availability to jobs within walking distance of his home. If few jobs for which he is qualified are located within walking distance of his home, it could be found that he has no reasonable prospect of securing the work and therefore would not be available for work.

 

EXAMPLE 2: A claimant who had been a clerk at a retail store is responsible for a minor child who is prevented from attending school due to closures resulting from the COVID-19 virus. The individual must stay home to watch his/her child until school reopens. However, the claimant is able to perform work that could be performed from the isolation of his/her home (e.g., transcribing, data entry, virtual assistant services) and makes himself/herself  available to perform that work. While the claimant is not currently available for work at a retail location, he/she is available for work due to his/her availability for work that could be performed from home.

 

b)         If domestic circumstances prevent an individual from working during the normal days and hours that exist in his or her occupation (or other work for which he or she is qualified), he or she is unavailable for work.

 

1)         EXAMPLE:  An individual, who was employed as a security guard, has children who require full-time care. The individual is able to obtain child care during evenings only, leaving him free to work nights only. Because there is a labor market for night-shift security guards, he would be determined to be available for work.

 

2)         EXAMPLE:  An individual and her husband obtain a divorce, and she is awarded custody of their children. She then quits her job as a hospital respiratory therapist because she is required to work rotating shifts and be on emergency call and because she wishes to spend all nights and weekends with her children. She states that she still applies for work as a respiratory therapist, but has had to eliminate from her list most hospitals because they will not guarantee day-shift work, the only time for which she will arrange child care. She would be determined to be unavailable for work.

 

3)         EXAMPLE:  When the individual is laid off from her job as a bank teller, she, in turn, lays off her babysitter, who is not needed so long as the individual is at home. She states that, if she is offered a job, she will rehire her babysitter. Despite the fact that she currently has no babysitter, this individual would be determined to be available to work.

 

c)         If the individual demands a wage that is unreasonable and, thereby, prices himself or herself out of the labor market, he or she is unavailable for work. Whether a wage demand is unreasonable is determined by factors including, but not limited to:  the individual's prior wages and qualifications, the prevailing wage, labor laws, union agreements, and the length of unemployment; generally, the individual must lower his or her wage demand the longer he or she  is unemployed.

 

1)         EXAMPLE:  An individual worked for 25 years as a bookkeeper for a small but prosperous business that was eventually bought out. She last earned $600 per week. Upon re-entering the labor market, she discovers that her wage demand – inflated by her many years of service – is much greater than that most employers are willing to pay. In the early weeks of unemployment, she may seek work paying $600 per week, based upon her prior wages and her qualifications. In ensuing weeks, she must lower her wage expectations. As her unemployment approaches 26 weeks (or the time when an "extended benefits" period might begin), she must further lower her wage expectations. If, as time goes by, she adapts her wage expectations to meet market conditions, she would be determined to be available for work.

 

2)         EXAMPLE:  The individual is a union electrician. After 20 weeks of unemployment, he still insists upon the wage he was last paid, that is union scale. He explains that the union has agreements affecting a substantial percentage of the jobs in his locality and, were he to accept a job paying below union scale, he would be disciplined by being denied future job opportunities. His insistence upon union scale is not unreasonable. However, if he is seeking work in another locality, where his union is not active, his wage demand with respect to that locality is unreasonable.

 

3)         EXAMPLE:  The individual worked as a fast food counter clerk, earning $0.50 above minimum wage. During the first weeks of unemployment, he sought work paying that same wage. For the next few weeks, he sought work paying minimum wage. Even though he has now been unemployed for 25 weeks, he has not reduced his wage expectation any further. This is not unreasonable:  to require him to seek work paying less than minimum wage would violate minimum wage laws.

 

d)         If there are no work opportunities that an individual can reach from his or her home, he or she is unavailable for work. If the individual unreasonably restricts the distance or time he or she will travel to work, he is unavailable for work. Reasonableness is determined by factors including, but not limited to:  where work opportunities are located, the customs of workers similarly situated (as to location or occupation), the types and costs of transportation, physical capabilities, and the length of unemployment; generally, an individual is expected to extend the area in which he or she will seek work the longer he or she is unemployed. Generally, in metropolitan areas, 1½ hours, each way, is not an unreasonable travel time.

 

1)         EXAMPLE:  An individual owns no car, and there is no public transportation near his home. He used to obtain work through a temporary help service that transported him to clients' job sites. He no longer works as a temporary. He states that he will work for any employer, provided it will furnish transportation to the job. He would be determined to be unavailable for work since the majority of employers do not furnish transportation for their employees.

 

2)         EXAMPLE:  The individual resides in a suburb 30 miles northwest of downtown Chicago. He was last employed as an attorney, working in a small practice in that suburb, where his travel time to work was 10 minutes. In the first weeks of unemployment, he unsuccessfully sought work in his community and neighboring suburbs. Although he has now been unemployed for 2 months, he still does not seek work in downtown Chicago, to which most attorneys commute, because rush hour travel time would be nearly 1½ hours each way. He would be determined to be unavailable for work, because he has not extended the area in which he will seek work, commuting to downtown Chicago is customary for workers in his occupation, and 1½ hours travel time is not unreasonable.

 

3)         EXAMPLE:  Although the individual is developmentally disabled, she is capable of working in certain unskilled occupations. At her last job, she swept floors in a local drug store. Her father testifies that she must work within walking distance of home, because, if she rides public transportation, she becomes confused and lost. In this case, the individual's restriction upon distance to work is reasonable, provided that work opportunities continue to exist within walking distance of her home, in which case she will be determined to be available for work.

 

e)         If an individual's personal habits are inconsistent with the type of work he or she is seeking, he or she is unavailable for work.

 

EXAMPLE:  The individual, a punch press operator, was discharged because she would not cut her waist-length hair or wear a hair net or remove oversized rings she wore on her fingers; her hair and rings are considered safety hazards. She states that she is seeking work as a punch press operator, but that she will not work for any employer who requires her to cut her hair or wear a hair net or remove her rings. She would be determined to be unavailable for work.

 

f)         An individual shall not be held unavailable for work on the basis of refusing to consider particular work that he or she honestly believes would violate sincere religious or moral convictions. However, an individual shall be held unavailable if his or her convictions eliminate virtually all of the labor market.

 

EXAMPLE:  For many years, an individual was a hot dog vendor, working in sports stadiums on Saturdays and Sundays. The individual states that he will no longer work in the food service industry, nor will he work on Sunday. He explains that he has recently married and that his wife has introduced him to religion. Among the tenets of his religion are strict dietary laws, forbidding even handling of many commonplace foods; also, Sunday is prescribed as a day of rest. If it is determined that his religious convictions are sincere, he would not be held unavailable for work solely on the basis of refusing to consider food service or Sunday work, even though these may have been suitable previously. Still, he must demonstrate that he is available for other types of work at other times.

 

g)         If the individual is self-employed, availability depends upon the nature and extent of that self-employment; whether the individual's investment of time or capital prevents him or her from accepting other work in the labor market.

 

EXAMPLE:  The individual worked as a secretary in a real estate agency. When she was laid off, she grew depressed, until she watched a cable television show. The host explained how to buy property without making down payments and how to enhance cash-flow. It sounded so easy that she immediately rearranged the den in her house to serve as an office. In the morning, she would read newspapers and make telephone calls. She went to foreclosure sales and auctions. Most afternoons and evenings, she would inspect properties. She also applied for jobs in her usual occupation, secretary. This individual would be determined available for work, if the trier of fact finds that she had not yet made a substantial commitment to her own business. If, however, she had purchased properties, and was involved in the management of those properties to the extent that it would conflict with normal working hours, she would be determined to be unavailable for work.

 

h)         Whether a seasonal worker is available for work during the off-season is determined by whether there is some prospect of obtaining work in his or her customary occupation. If there is no prospect of obtaining that work, the individual must seek other work for which he or she is qualified.

 

EXAMPLE:  The individual is a golf course maintenance man. The courses at which he works are open from April through October. He has never been employed during the off-season. On his work search record, for weeks in January, he indicates that he is seeking work in the field of lawn care and maintenance, for which there are no prospects of work. He would be determined unavailable for work.

 

i)          Whenever an individual appears to be imposing a condition upon his or her acceptance of work, it is essential to establish whether he or she is merely expressing a preference as opposed to actually imposing a condition.

 

EXAMPLE:  The individual last earned $7.50 per hour, the prevailing wage in her occupation. During her interview with the claims adjudicator, she states that she will accept $9.00 per hour for similar work. During the interview, the adjudicator reviews her work search record and asks what the wages were for her contacts during the period under review. The work search contacts were for work paying closer to $7.50 than $9.00.  This might indicate that $9.00 was a preference, not a condition. Therefore, she would be determined to be available for work.

 

j)          The best evidence that an individual is "available for work" is that he or she readily secures work, despite the imposition of a condition.

 

EXAMPLE:  The individual is laid off from her job in an occupation that ordinarily provides daytime work only. She files a claim for benefits, and, on an initial questionnaire, she writes that she will work nights only, because her child care arrangements have changed. That week, she makes employer contacts for night-shift work. As a result of that work search, she readily secures work beginning the next week. She would be determined to be available for work for the prior week.

 

(Source:  Amended at 44 Ill. Reg. 11787, effective July 1, 2020)

 

Section 2865.115  Actively Seeking Work

 

a)         An individual is actively seeking work when he or she makes an effort that is reasonably calculated to return him or her to the labor force. Reasonableness is determined by factors including, but not limited to:  the individual's physical and mental abilities, his or her training and experience, the employment opportunities in the area, the length of unemployment, and the nature and number of work search efforts in light of the customary means of obtaining work in the occupation.

 

b)         An individual is not actively seeking work if he or she seeks work that is unrealistic in light of his or her physical or mental limitations.

 

EXAMPLE:  The individual, seven months pregnant, quit her job as an assembler because it was strenuous and required her to be constantly on her feet. She applies for work at a factory, as an assembler, under conditions essentially the same as those of her last job. She would be determined to be not actively seeking work.

 

c)         The individual is not actively seeking work if he or she seeks work that is unrealistic in light of his or her training or experience.

 

EXAMPLE:  The individual has always wanted to be a real estate agent; this requires a license he does not possess. To the extent that he only seeks work as a real estate agent, he would be determined to be not actively seeking work.

 

d)         Whether an individual is actively seeking work is determined in part by comparing his or her occupation with labor market conditions in the locality. In some cases, an application for work can have a continuing effect.

 

EXAMPLE:  The individual is a waitress, just laid off by one of three restaurants in her community. During her first two weeks of unemployment, she applies for work at the other two restaurants and awaits the results of her efforts. She would be determined to be actively seeking work for that period.

 

e)         As the period of unemployment lengthens, the individual should intensify his or her efforts to find work in his or her usual occupation, or, he or she should pursue work in another occupation for which he or she is qualified.

 

1)         EXAMPLE:  After being laid off from his job as a parking lot attendant, the individual sought similar work at other parking lots within his community, without success. As time passes, he must seek work outside his community (within reasonable commuting distance).

 

2)         EXAMPLE:  Same facts as in example above but, prior to working as a parking lot attendant, the individual worked as a short-order cook. In addition to, or instead of, seeking work as a parking lot attendant, he should seek work as a short-order cook, or other work for which he is qualified; otherwise, he would be determined to be not actively seeking work.

 

f)         Whether or not the individual is actively seeking work is determined by the quality of his or her efforts; although the quantity of job contacts should be considered, it is not necessarily determinative of an active search for work. The methods that the individual uses to contact employers should be examined in light of those customarily used to obtain work in the occupation.

 

1)         EXAMPLE:  The individual seeks work as a retail sales clerk. On a Monday morning, she visits a shopping mall, where she applies for work at seven stores and is rejected by each. For the rest of the week, she makes no effort to find work. This individual would be determined to be not actively seeking work, despite having made seven job contacts in one day.

 

2)         EXAMPLE:  The individual, a cash-flow specialist, last worked for a major corporation, and was directly accountable to the highest corporate officers. After being unemployed for one month, she contacts a friend who works for a company located in Woonsocket, Rhode Island.  On Monday, the claimant travels to Woonsocket. On Tuesday, she begins the interviewing process, meeting the manager of human resources. On Wednesday morning, she is interviewed by a budget analyst. That evening, there is a dinner-interview with two vice presidents, who tell her they will speak with the president, then get back to her the next day or the day after. The claimant stays in Woonsocket until Friday, at which time she is told she will not be offered a job. The claimant would be determined to have been actively seeking work, despite this being her only job contact.

 

3)         EXAMPLE:  The individual states that he is currently seeking work as a day laborer or in food service. He contacts prospective employers by telephone, exclusively. Because, as a practical matter, many day laborer and food service positions are filled by persons making applications in-person, this individual would be determined to be not actively seeking work.

 

g)         The best evidence that an individual is "actively seeking work" is that he or she readily secures work, based upon his or her efforts.

 

EXAMPLE:  The individual last worked as assistant manager of a shoe store. During his first week of unemployment, he prepares a resume and mails 100 copies to retail establishments. The next week, he mails another 100 resumes. As a result of his mailings, and no other efforts, he readily obtains work. This individual would be determined to have been actively seeking work during the weeks under review.

 

h)         There is a rebuttable presumption that an individual is not actively seeking work if he or she was last employed by a "temporary help firm", as defined in Section 2865.1, and the temporary help firm submits a notice of possible ineligibility (see Section 2720.130) alleging that, during the week for which he or she claimed benefits, the individual did not contact the temporary help firm for an assignment.  The presumption is rebutted if the individual shows that he or she did contact the temporary help firm or that he or she had good cause for his or her failure to contact the temporary help firm for an assignment.

 

1)         EXAMPLE:  An individual completes an assignment on Friday and does not contact the temporary help firm during the next week, for which he claims benefits.  The individual states that he did not contact the temporary help firm because he did not remember the firm's telephone number, even though the number was listed in the telephone book.  This is not good cause.  On the basis of his failure to contact the temporary help firm, he is not actively seeking work.

 

2)         EXAMPLE:  An individual completes an assignment on Monday, reports to his Local Office on Tuesday, and does not contact the temporary help firm the remainder of the week.  The individual did not contact the temporary help firm because he had already accepted an assignment from the temporary help firm for the following Monday and had been told by the temporary help firm that there were no other assignments until then.  This is good cause and he is not ineligible on the basis of not contacting the temporary help firm.

 

3)         EXAMPLE:  An individual completes an assignment on Friday and does not contact the temporary help firm during the next week, for which he claims benefits.  The individual did not contact the temporary help firm because his wife was hospitalized and he was solely responsible for caring for his infant daughter at home.  Although this is good cause, the claimant is ineligible because he is unavailable for work (see Section 2865.110(b)).

 

(Source:  Amended at 43 Ill. Reg. 6522, effective May 14, 2019)

 

Section 2865.120  Suitability of Work – Labor Standards

 

a)         An individual must be able to, available for, and actively seeking "suitable" work.

 

b)         Whether work is suitable for the individual is determined by factors including, but not limited to, those set forth in Section 603 of the Act (including its references to labor standards under Section 3304(a)(5) of the Federal Unemployment Tax Act).

 

(Source:  Added at 14 Ill. Reg. 18466, effective November 5, 1990)

 

Section 2865.125  Availability for Part-Time Work Only

 

The requirement that a claimant shall be able and available for full-time work shall not be applied to a claimant who can prove by a preponderance of the evidence that, for him or her, only part-time work, defined in Section 2720.1, is suitable because:

 

a)         He or she restricts his or her availability to part-time work due to:

 

1)         Circumstances which are beyond his or her own control, such as, the advice of his or her physician that full-time work would adversely affect his or her health; or

 

2)         The kind of work suitable to his or her skill, training or experience is available only on a part-time basis, and he or she is not reasonably qualified for available full-time work; and

 

b)         He or she is seeking work in an area where a labor market for the part-time work applicable to him or her and suitable to his or her skill, training or experience normally exists; and

 

c)         He or she has a reasonable possibility of securing that part-time work suitable to his or her skill, training or experience.

 

EXAMPLE:  The claimant is the single parent of a school age child. While otherwise suitable, full-time work exists for a person with his skill, training or experience, the claimant believes that it is in the best interest of his child that he be with the child when the child is not in school. This claimant would not be eligible for benefits, for he unduly restricts his availability to part-time work based on a personal preference. The alternative of child care arrangements would allow this claimant to work full-time.

 

(Source:  Amended at 43 Ill. Reg. 6522, effective May 14, 2019)

 

Section 2865.130  Director's Approval of Training

 

An individual shall not be deemed unavailable for work or to have failed actively to seek work with respect to any week, because he or she is enrolled in and is in regular attendance at a training course approved for him or her by the Director (see Section 500C5 of the Act).

 

a)         The following criteria must be satisfied in order for a training course to be approved for an individual by the Director:

 

1)         The training course shall relate to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable work opportunities in the locality.  This means that:

 

A)        The training course must be vocational or provide the individual with skills essential for the performance of work in a specific occupation;

 

EXAMPLE:  The Director shall not approve classes designed solely to provide an individual with a high school equivalency diploma since this would not enhance opportunities in a specific occupation.  However, the Director shall approve courses of study that include some purely academic courses if that course work is secondary to the vocational aspects.

 

B)        The course must be designed to facilitate the individual's reemployment in a reasonably expeditious manner; however, the Director shall not approve courses of study of more than one year in duration;

 

C)        The course must focus on providing the individual with the competency necessary for securing entry level employment in the selected occupation; and

 

EXAMPLE:  The Director shall not approve training for the purpose of allowing an individual to improve his marketability (i.e., a bookkeeper who wishes to become an accountant).  If there exists a reasonable job market for bookkeepers in the individual's locality, the Director will not approve training that enhances the claimant's already marketable skills.

 

D)        The course must consist of at least 12 hours per week of instruction from a competent and reliable training agent.  This minimum of 12 hours of instruction must include contact between the student and the instructor.  The contact could result from classroom training, laboratory instruction or tutoring.

 

2)         The training course must be offered by a competent and reliable agency, educational institution or employing unit.

 

3)         Work opportunities for which the individual is qualified by training and experience are limited or do not exist in the individual's locality.

 

EXAMPLE:  If the individual is a trained and certified nurse's aide, the Director shall not approve training to become a registered nurse if reasonable openings exist in the individual's locality for nurse's aides, even if the individual is dissatisfied with her present occupation.

 

4)         The individual has the qualifications and aptitude to complete the course successfully.

 

5)         The enrollee is not a recipient nor eligible for subsistence payments or similar assistance under any public or private retraining program.

 

b)         Notwithstanding subsection (a), a training course is approved for an individual by the Director for the purposes of Section 500C of the Act if:

 

1)         both the training course and the individual's participation in the training course are approved under Title I of the federal Workforce Innovation and Opportunity Act (29 USC 3101 et seq.) by a One Stop Delivery System (see 20 CFR 662.100);

 

2)         the course is part of a program authorized pursuant to the Workforce Innovation and Opportunity Act or other federal legislation establishing an employment and training program;

 

3)         the criteria on the basis of which a One Stop Delivery System approves the course under Title I of the Workforce Innovation and Opportunity Act include criteria consistent with Section 500C5(a)(2) and (3) of the Act;

 

4)         the criteria on the basis of which a One Stop Delivery System approves an individual's participation under Title I of the Workforce Investment Act in the course include criteria consistent with Section 500C5(a)(1) and (2) of the Act; and

 

5)         the course is not disapproved by reason of Section 500C5(a)(5) of the Act.

 

(Source:  Amended at 43 Ill. Reg. 6522, effective May 14, 2019)

 

Section 2865.135  Availability For Work And Active Search For Work:  Attendance At Training Courses

 

a)         An individual enrolled and in regular attendance at a training course approved by the Director shall not be required to make an active job search or to be available for work. This exemption applies to individuals applying for both regular and extended benefits.

 

b)         In addition, an individual shall not be deemed to have been unavailable for work or to have failed actively to seek work for regular or extended benefits purposes with respect to any week because he is in training approved under Section 236(a)(1) of the Federal Training Act of 1974 (19 U.S.C. 2296(a)(1)), as provided at Section 500c(6) of the Act.)

 

(Source:  Added at 14 Ill. Reg. 18466, effective November 5, 1990)

 

Section 2865.140  Regular Attendance in Approved Training

 

For the purposes of Section 2865.135, "in regular attendance" means that the individual has attended every scheduled session of the training course approved for him or her by the Director, and presents an attendance report from a responsible person connected with the training course. If the individual misses any scheduled class session on a particular day, the individual shall be deemed to have failed to meet the requirements of Section 500C of the Act with respect to that day.

 

EXAMPLE:  An individual in Director approved training is scheduled to attend 2 training sessions daily from Monday through Friday until the course is completed. The individual misses one session on Wednesday because of illness. This individual shall be deemed to have failed to meet the requirements of being "in regular attendance" on Wednesday, and the individual's weekly benefit amount shall be reduced by one-fifth for that week.

 

(Source:  Amended at 43 Ill. Reg. 6522, effective May 14, 2019)

 

Section 2865.145  Ineligibility to Receive Benefits for Failure to Participate in Reemployment Services

 

a)         Unless no longer obligated to participate under Section 2865.150(e), an individual who is referred by the Department under Section 2865.150 to reemployment services and is determined by the Claims Adjudicator to have failed without justifiable cause, as defined in subsection (c), to participate in those services shall be ineligible for benefits for the week in which he or she fails to participate in the scheduled services.

 

EXAMPLE:  In the fourth week of his benefit year, an individual is issued his first payment of regular benefits.  Notice of referral to reemployment services is sent to him during the fifth week of the benefit year, indicating he is scheduled for an orientation meeting to take place in the sixth week of the benefit year.  He fails, without justifiable cause, to report to the orientation meeting.  The individual will be ineligible for benefits for the sixth week of his benefit year.

 

b)         Subsection (a) shall not apply if the individual has completed substantially similar reemployment services or he or she is participating in substantially similar services.

 

c)         There is justifiable cause for an individual's failure to participate in reemployment services if the individual is acting as a reasonable person would act under the circumstances, taking into account the fact that the individual has been identified as likely to exhaust regular benefits and need job search assistance.

 

1)         EXAMPLE:  An individual who has been referred to reemployment services under Section 2865.150 fails to report for his scheduled orientation meeting with the reemployment service provider because the individual has a job interview scheduled for the same time.  The individual has justifiable cause for failing to report for the meeting.  A reasonable person in this situation could be expected to prefer the immediate job opportunity over reemployment services.

 

2)         EXAMPLE:  An individual who has been referred to reemployment services under Section 2865.150 fails to report for his scheduled reemployment service orientation meeting because he forgot about the meeting.  When he becomes aware he has forgotten the meeting, he requests that the meeting be rescheduled.  He fails to report for the rescheduled meeting because he again forgot about the meeting. The repeated failure to include the meeting in his schedule does not reflect the behavior of a reasonable person under the circumstances.  On the basis of these facts alone, there would not be justifiable cause for the individual's failure to participate in the rescheduled meeting.

 

3)         EXAMPLE:  An individual who has been referred to reemployment services under Section 2865.150 fails to report for his scheduled reemployment service orientation meeting.  However, during the week for which the meeting was scheduled, the individual is enrolled in and in regular attendance at a training course approved for him by the Director under Section 500C of the Act.  A reasonable person in this situation could be expected to prefer the training program over reemployment services.

 

4)         EXAMPLE: An individual who has been referred to reemployment services under Section 2865.150 fails to report to his scheduled reemployment service orientation meeting because he is attending GED classes at the same time.  The individual has justifiable cause for failing to report for the meeting.  A reasonable person in this situation could be expected to attend the GED classes.

 

d)         The individual's obligation to participate in reemployment services to which he or she is referred under Section 2865.150 is in addition to the individual's other obligations under the Act.

 

e)         Issues arising under this Section concerning an individual's eligibility for regular benefits shall be adjudicated and notice of those issues shall be provided in the same manner and subject to the same procedures as all the other issues concerning eligibility for regular benefits, except issues arising under Section 604 of the Act.

 

(Source:  Amended at 43 Ill. Reg. 6522, effective May 14, 2019)

 

Section 2865.150  Profiling/Referral to Reemployment Services

 

a)         To determine the likelihood that the individual will exhaust regular benefits and will need job search assistance, the Department will profile each individual who files an initial claim for regular benefits.  Each claimant profile will be based on information contained in the claimant's initial combined application for regular benefits and Employment Service registration.

 

1)         Except as otherwise provided in subsection (a)(2), as part of the profiling process, the Department will assign each individual an exhaustion probability score that measures the likelihood that the individual will exhaust regular benefits and need job search assistance.  The score will be calculated according to a statistical model developed by the Department based on criteria approved by the US Department of Labor, including industry or occupation.

 

2)         No exhaustion probability score will be assigned an individual if he or she:

 

A)        has not been issued his or her first payment of regular benefits by the fourth week following the week in which he or she files his or her initial claim for regular benefits;

 

B)        satisfies the union hiring hall procedures set forth in Section 2865.50;

 

C)        has a definite date of recall to work;

 

D)        is unemployed as the result of a labor dispute; or

 

E)        has left work voluntarily.

 

b)         Each claimant who is assigned an exhaustion probability score shall be entered by the Department into a selection pool for the substate area in which the individual resides or a subdivision of that area where the substate grantee for the area has established subdivisions.  The substate grantee will each week select individuals in the selection pool for referral to available reemployment services in descending order of their exhaustion probability scores.  When two or more individuals in a selection pool have the same score and reemployment services are not available for all of them, the substate grantee will select for referral a number of them equal to the number of individuals for whom reemployment services are available, selecting the individuals whose initial applications for regular benefits have the earlier filing dates.  When two or more individuals in a selection pool have the same score and filed their initial applications for regular benefits on the same date and reemployment services are not available for all of them, the substate grantee will randomly select for referral a number of them equal to the number of individuals for whom reemployment services are available.  Whenever the availability of certain reemployment services is lawfully limited to individuals meeting specific characteristics, such as when the services are offered as part of an effort to assist in the location or expansion of an employer within the State, selections for referral to the services will be made as though individuals in the selection pool who do not meet those characteristics were not in the selection pool.

 

c)         The reemployment services to which an individual is referred under this Section will in all instances include an orientation meeting with an entity providing reemployment services within the substate area in which the individual resides.  Following the orientation meeting, reemployment services may also include: assessments; counseling; job placement services and referrals to employers; job search work shops or job clubs; and referral to more intensive services, such as training.  When an individual is initially referred by the Department to a reemployment service orientation meeting and then scheduled for reemployment services by an entity providing those services on behalf of the substate grantee that initially selected the individual for referral, the individual is considered as having been referred to the reemployment services by the Department, except when the entity indicates participation in the reemployment services is optional.

 

d)         The Department will send each individual selected for referral to reemployment services a referral notice that will include a statement regarding the obligation to participate in reemployment services and the potential consequences of failing to participate in the services, as well as all information necessary for the individual to report to the orientation meeting.

 

e)         The Department will remove from the selection pool any individual who, within four weeks after the week in which he or she is issued his or her first payment of regular benefits, is not sent a notice of referral to reemployment services. After being removed from the selection pool, an individual may still be referred to reemployment services, but he or she shall no longer be obligated to participate in reemployment services.

 

f)         For the purposes of this Section, "substate area" refers to an area established by the Governor under section 312 of the Job Training Partnership Act. "Substate grantee" refers to the entity designated as the substate grantee for a substate area under that section.

 

(Source:  Amended at 43 Ill. Reg. 6522, effective May 14, 2019)

SUBPART C: EXTENDED BENEFITS

 

Section 2865.205  Applicability of Rules for Eligibility for Regular Benefits

 

Except when inconsistent with Section 409 of the Act or with this Subpart, all of the provisions of the Act and in this Subchapter f shall be applicable to eligibility for extended benefits.

 

a)         EXAMPLE:  A claim for extended benefits shall be filed in the same manner and in the same location as one would file for regular benefits.

 

b)         EXAMPLE:  If an individual, who meets all of the other requirements for receipt of extended benefits, is discharged from a job, he would be subject to the ineligibility provisions of Section 602 of the Act if it is determined that the discharge was for misconduct connected with his work.

 

c)         EXAMPLE:  An individual demands a wage that is unreasonable. He is unavailable for work under Section 2865.110(c) and would, therefore, be subject to the ineligibility provisions of Section 500C of the Act since neither is inconsistent with Section 409 of the Act. Therefore, this individual would be ineligible for extended benefits even if he meets the other requirements for receipt of extended benefits.

 

(Source:  Amended at 43 Ill. Reg. 6522, effective May 14, 2019)

 

Section 2865.210  Systematic and Sustained Search for Work

 

a)         An individual shall be deemed to have made a systematic and sustained search for work if he or she can present the tangible evidence, described in subsection (b), to the local unemployment office that he or she was engaged in such an effort to find work during a week of unemployment.

 

b)         The tangible evidence required by subsection (a) shall consist of, but not be limited to, all of the following:

 

1)         A showing that the individual persistently reviewed the newspaper advertisements for work and made an effort to contact the employers placing the advertisements, on each working day during every week for which he or she is applying for extended benefits;

 

2)         A showing that the individual actually made significant (at least five per week) personal contacts with prospective employers and applied for work on at least three working days during each week for which he or she is applying for extended benefits;

 

3)         A showing that he or she had been frequently contacting his or her union hall for information regarding work prospects, if applicable; and

 

4)         Registration with the State Employment Service.

 

c)         If the failure to make a showing of sustained and systematic job search on a particular day or days by the means indicated in subsection (b) is due to attending interviews, taking tests and/or physical examinations or commuting from one place to another to search for work or engaging in any other similar undertaking, he or she shall not be determined to have failed to meet the requirements of subsection (a) for that particular day or days.

 

d)         This Section shall not apply to weeks beginning on or after March 7, 1993 and before January 1, 1995.

 

e)         This Section shall not apply to weeks beginning on or after May 17, 2020, with respect to individuals whose unemployment is directly impacted by COVID-19.  The provisions of this subsection (e) are applicable to the extent permitted by section 4102(b) of the Families First Coronavirus Response Act (P.L. 116-127, Division D, Emergency Unemployment Insurance Stabilization and Access Act of 2020 (EUISAA)).

 

(Source:  Amended at 44 Ill. Reg. 17662, effective October 23, 2020)

 

Section 2865.215  When an Individual's Prospects for Finding Work Shall Be Deemed To Be Good

 

a)         An individual filing for extended benefits who has a definite date to return to work for a former employer or who has a bona fide offer of work to begin within four weeks shall be classified as having good prospects for returning to work in his or her customary occupation. This means that, should this individual refuse an offer of work, that refusal shall be adjudicated pursuant to Section 603 of the Act and Section 409K3(c)(iii) shall not apply to this individual.

 

b)         Whether an individual's prospects of finding work in his or her customary occupation are good shall be determined at the time that he or she files his or her initial claim for extended benefits. However, the classification shall be included in any determination of refusal of work under Section 409K3(c) of the Act, and at the time, shall be subject to review.

 

EXAMPLE:  An individual files a claim for extended benefits and reports that he will return to his former employer on March 31. He does not return to work for his former employer on March 31 and then refuses an offer of work on April 14. This refusal of work shall be adjudicated in accordance with the provisions of Section 409K3(c) because the individual's prospects of returning to his customary occupation were not good because he did not return to work for his former employer as scheduled.

 

c)         If the claimant does not start work on the designated date, then his or her prospects of finding work in his or her customary occupation shall no longer be considered good.

 

d)         The individual must provide the name, address and starting date of employment for any employer whom the individual claims as a basis for having his or her prospects of finding work in his or her customary occupation found to be good.

 

e)         An individual can also show that his or her prospects of finding work in his or her customary occupation are good by showing that he or she was recently employed in his or her customary occupation, that he or she recently completed training in that occupation or that new opportunities for employment in his or her customary occupation recently became available.

 

f)         This Section shall not apply to weeks beginning on or after March 7, 1993 and before January 1, 1995.

 

g)         This Section shall not apply to weeks beginning on or after May 17, 2020, with respect to individuals whose unemployment is directly impacted by COVID-19.  The provisions of this subsection (g) are applicable to the extent permitted by section 4102(b) of the Families First Coronavirus Response Act (P.L. 116-127, Division D, Emergency Unemployment Insurance Stabilization and Access Act of 2020 (EUISAA)).

 

(Source:  Amended at 44 Ill. Reg. 17662, effective October 23, 2020)