HB6614 93RD GENERAL ASSEMBLY

LRB093 16061 WGH 41687 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6614

Introduced 02/09/04, by Jay C. Hoffman

SYNOPSIS AS INTRODUCED:

820 ILCS 405/601

from Ch. 48, par. 431

Amends the Unemployment Insurance Act. In provisions making an individual ineligible for benefits for leaving work voluntarily without good cause, creates an exception if the individual left work due to circumstances resulting from the individual being a victim of stalking. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

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

Section 5. The Unemployment Insurance Act is amended by changing Section 601 as follows:

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

Sec. 601. Voluntary leaving.

A. An individual shall be ineligible for benefits for the week in which he has left work voluntarily without good cause attributable to the employing unit and, thereafter, until he has become reemployed and has had earnings equal to or in excess of his current weekly benefit amount in each of four calendar weeks which are either for services in employment, or have been or will be reported pursuant to the provisions of the Federal Insurance Contributions Act by each employing unit for which such services are performed and which submits a statement certifying to that fact.

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

1. Because he is deemed physically unable to perform his work by a licensed and practicing physician, or has left work voluntarily upon the advice of a licensed and practicing physician that assistance is necessary for the purpose of caring for his spouse, child, or parent who is in poor physical health and such assistance will not allow him to perform the usual and customary duties of his employment, and he has notified the employing unit of the reasons for his absence;

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

3. In lieu of accepting a transfer to other work offered to the individual by the employing unit under the terms of a collective bargaining agreement or pursuant to an established employer plan, program, or policy, if the acceptance of such other work by the individual would require the separation from that work of another individual currently performing it;

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

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

6. (a) Because the individual left work due to circumstances resulting from the individual being a victim of domestic violence as defined in Section 103 of the Illinois Domestic Violence Act of 1986 or stalking; and provided, such individual has made reasonable efforts to preserve the employment. As used in this Section, "stalking" means any conduct proscribed by the Criminal Code of 1961 in Sections 12-7.3 and 12-7.4.

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

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

(B) (ii) to the Department provides:

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

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

(III) (C) medical documentation of the domestic violence; or

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

(ii) For the purposes of this paragraph 6, the individual shall be treated as being a victim of stalking if the individual:

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

(B) provides to the Department:

(I) documentation of equitable relief issued by a court of competent jurisdiction; or

(II) a police report or criminal charges documenting the stalking; or

(III) evidence of stalking from a counselor, social worker, or domestic violence shelter worker.

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

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

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

Section 99. Effective date. This Act takes effect upon becoming law.