93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4694


 
Introduced 02/04/04, by Constance A. Howard
 
SYNOPSIS AS INTRODUCED:
 		













820 ILCS 405/601
  from Ch. 48, par. 431








    Amends the Unemployment Insurance Act.  Makes a stylistic change in provisions concerning voluntary leaving.



















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A BILL FOR









 














HB4694

LRB093 19040 WGH 44775 b









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    AN ACT concerning employment.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Unemployment Insurance Act is amended  by 
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changing Section 601 as follows:
 
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    (820 ILCS 405/601)  (from Ch. 48, par. 431)

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    Sec. 601. Voluntary leaving. 
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      A. An individual shall be ineligible for
benefits for the 
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week in which he or she has left work voluntarily without good

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cause attributable to the employing unit and, thereafter, until 
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he has become
reemployed and has had earnings equal to or in 
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excess of his current weekly
benefit amount in each of four 
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calendar weeks which are either for services
in employment, or 
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have been or will be reported pursuant to the provisions
of the 
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Federal Insurance Contributions Act by each employing unit for 
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which
such services are performed and which submits a statement 
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certifying to that fact.


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    B.  The provisions of this Section shall not apply to an 
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individual
who has left work voluntarily:


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        1.  Because he is deemed physically unable to perform 
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    his work by a licensed
and practicing physician, or has 
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    left work voluntarily upon the advice of
a licensed and 
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    practicing physician that assistance is necessary for the

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    purpose of caring for his spouse, child, or parent who is 
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    in poor physical
health and such assistance will not allow 
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    him to perform the usual and customary
duties of his 
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    employment, and he has notified the employing unit of the

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    reasons for his absence;


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        2. To accept other bona fide work and, after such 
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    acceptance, the individual
is either not unemployed in each 
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    of 2 weeks, or earns remuneration for such
work equal to at 
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    least twice his current weekly benefit amount;


 


 









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        3. In lieu of accepting a transfer to other work 
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    offered to the individual
by the employing unit under the 
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    terms of a collective bargaining agreement
or pursuant to 
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    an established employer plan, program, or policy, if the

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    acceptance of such other work by the individual would 
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    require the separation
from that work of another individual 
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    currently performing it;


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        4. Solely because of the sexual harassment of the 
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    individual by another
employee.  Sexual harassment means 
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    (1) unwelcome sexual advances, requests
for sexual favors, 
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    sexually motivated physical contact or other conduct
or 
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    communication which is made a term or condition of the 
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    employment or
(2) the employee's submission to or rejection 
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    of such conduct or communication
which is the basis for 
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    decisions affecting employment, or (3) when such
conduct or 
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    communication has the purpose or effect of substantially 
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    interfering
with an individual's work performance or 
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    creating an intimidating, hostile,
or offensive working 
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    environment and the employer knows or should know of
the 
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    existence of the harassment and fails to take timely and 
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    appropriate
action;


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        5. Which he had accepted after separation from other 
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    work, and the work
which he left voluntarily would be 
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    deemed unsuitable under the provisions
of Section 603;


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        6. (a) Because the individual left work due to 
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    circumstances resulting
from
the individual being a victim 
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    of domestic violence as defined in Section 103 of
the 
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    Illinois Domestic Violence Act of 1986; and provided, such 
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    individual has
made reasonable efforts to preserve the 
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    employment.

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        For the purposes of this paragraph 6, the individual 
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    shall be treated as
being a victim of domestic violence if 
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    the individual provides the following:


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            (i) written notice to the employing unit of the 
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        reason for the
individual's
voluntarily leaving; and


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            (ii) to the Department provides:


 


 









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                (A) an order of protection or other 
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            documentation of equitable relief
issued by a 
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            court of competent jurisdiction; or

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                (B) a police report or criminal charges 
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            documenting the domestic
violence; or


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                (C) medical documentation of the domestic 
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            violence; or


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                (D) evidence of domestic violence from a 
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            counselor, social worker,
health worker or 
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            domestic violence shelter worker.

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        (b) If the individual does not meet the provisions of 
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    subparagraph (a), the
individual shall be held to have 
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    voluntarily terminated employment for the
purpose of 
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    determining the individual's eligibility for benefits 
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    pursuant to
subsection A.


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        (c) Notwithstanding any other provision to the 
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    contrary, evidence of
domestic violence experienced by an 
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    individual, including the individual's
statement and 
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    corroborating evidence, shall not be disclosed by the 
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    Department
unless consent for disclosure is given by the 
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    individual.


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(Source: P.A. 93-634, eff. 1-1-04.)