101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2561

 

Introduced , by Rep. Theresa Mah

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/612  from Ch. 48, par. 442

    Amends the Unemployment Insurance Act. In the case of a college or university meeting certain criteria, for services performed in an instructional, research, or principal administrative capacity, provides that a person is presumed not to have reasonable assurance of employment under an offer that is conditioned on enrollment, funding, or program changes. Provides that: it is the employer's burden to provide sufficient documentation to overcome the presumption; reasonable assurance must be determined on a case-by-case basis by the total weight of the evidence rather than the existence of any one factor; and primary weight must be given to the contingent nature of an offer of employment based on enrollment, funding, and program changes. Provides that a letter from an employer to an employee that makes employment conditional is not prima facie evidence of reasonable assurance to be used to deny a claim for unemployment insurance.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2561LRB101 10990 JLS 56174 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unemployment Insurance Act is amended by
5changing Section 612 as follows:
 
6    (820 ILCS 405/612)  (from Ch. 48, par. 442)
7    Sec. 612. Academic Personnel - Ineligibility between
8academic years or terms.
9    A. Benefits based on wages for services which are
10employment under the provisions of Sections 211.1, 211.2, and
11302C shall be payable in the same amount, on the same terms,
12and subject to the same conditions as benefits payable on the
13basis of wages for other services which are employment under
14this Act; except that:
15        1. An individual shall be ineligible for benefits, on
16    the basis of wages for employment in an instructional,
17    research, or principal administrative capacity performed
18    for an institution of higher education, for any week which
19    begins during the period between two successive academic
20    years, or during a similar period between two regular
21    terms, whether or not successive, or during a period of
22    paid sabbatical leave provided for in the individual's
23    contract, if the individual has a contract or contracts to

 

 

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1    perform services in any such capacity for any institution
2    or institutions of higher education for both such academic
3    years or both such terms.
4        This paragraph 1 shall apply with respect to any week
5    which begins prior to January 1, 1978.
6        2. An individual shall be ineligible for benefits, on
7    the basis of wages for service in employment in any
8    capacity other than those referred to in paragraph 1,
9    performed for an institution of higher learning, for any
10    week which begins after September 30, 1983, during a period
11    between two successive academic years or terms, if the
12    individual performed such service in the first of such
13    academic years or terms and there is a reasonable assurance
14    that the individual will perform such service in the second
15    of such academic years or terms.
16        3. An individual shall be ineligible for benefits, on
17    the basis of wages for service in employment in any
18    capacity other than those referred to in paragraph 1,
19    performed for an institution of higher education, for any
20    week which begins after January 5, 1985, during an
21    established and customary vacation period or holiday
22    recess, if the individual performed such service in the
23    period immediately before such vacation period or holiday
24    recess and there is a reasonable assurance that the
25    individual will perform such service in the period
26    immediately following such vacation period or holiday

 

 

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1    recess.
2    B. Benefits based on wages for services which are
3employment under the provisions of Sections 211.1 and 211.2
4shall be payable in the same amount, on the same terms, and
5subject to the same conditions, as benefits payable on the
6basis of wages for other services which are employment under
7this Act, except that:
8        1. An individual shall be ineligible for benefits, on
9    the basis of wages for service in employment in an
10    instructional, research, or principal administrative
11    capacity performed for an educational institution, for any
12    week which begins after December 31, 1977, during a period
13    between two successive academic years, or during a similar
14    period between two regular terms, whether or not
15    successive, or during a period of paid sabbatical leave
16    provided for in the individual's contract, if the
17    individual performed such service in the first of such
18    academic years (or terms) and if there is a contract or a
19    reasonable assurance that the individual will perform
20    service in any such capacity for any educational
21    institution in the second of such academic years (or
22    terms).
23        2. An individual shall be ineligible for benefits, on
24    the basis of wages for service in employment in any
25    capacity other than those referred to in paragraph 1,
26    performed for an educational institution, for any week

 

 

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1    which begins after December 31, 1977, during a period
2    between two successive academic years or terms, if the
3    individual performed such service in the first of such
4    academic years or terms and there is a reasonable assurance
5    that the individual will perform such service in the second
6    of such academic years or terms.
7        3. An individual shall be ineligible for benefits, on
8    the basis of wages for service in employment in any
9    capacity performed for an educational institution, for any
10    week which begins after January 5, 1985, during an
11    established and customary vacation period or holiday
12    recess, if the individual performed such service in the
13    period immediately before such vacation period or holiday
14    recess and there is a reasonable assurance that the
15    individual will perform such service in the period
16    immediately following such vacation period or holiday
17    recess.
18        4. An individual shall be ineligible for benefits on
19    the basis of wages for service in employment in any
20    capacity performed in an educational institution while in
21    the employ of an educational service agency for any week
22    which begins after January 5, 1985, (a) during a period
23    between two successive academic years or terms, if the
24    individual performed such service in the first of such
25    academic years or terms and there is a reasonable assurance
26    that the individual will perform such service in the second

 

 

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1    of such academic years or terms; and (b) during an
2    established and customary vacation period or holiday
3    recess, if the individual performed such service in the
4    period immediately before such vacation period or holiday
5    recess and there is a reasonable assurance that the
6    individual will perform such service in the period
7    immediately following such vacation period or holiday
8    recess. The term "educational service agency" means a
9    governmental agency or governmental entity which is
10    established and operated exclusively for the purpose of
11    providing such services to one or more educational
12    institutions.
13    C. 1. If benefits are denied to any individual under the
14provisions of paragraph 2 of either subsection A or B of this
15Section for any week which begins on or after September 3, 1982
16and such individual is not offered a bona fide opportunity to
17perform such services for the educational institution for the
18second of such academic years or terms, such individual shall
19be entitled to a retroactive payment of benefits for each week
20for which the individual filed a timely claim for benefits as
21determined by the rules and regulations issued by the Director
22for the filing of claims for benefits, provided that such
23benefits were denied solely because of the provisions of
24paragraph 2 of either subsection A or B of this Section.
25    2. If benefits on the basis of wages for service in
26employment in other than an instructional, research, or

 

 

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1principal administrative capacity performed in an educational
2institution while in the employ of an educational service
3agency are denied to any individual under the provisions of
4subparagraph (a) of paragraph 4 of subsection B and such
5individual is not offered a bona fide opportunity to perform
6such services in an educational institution while in the employ
7of an educational service agency for the second of such
8academic years or terms, such individual shall be entitled to a
9retroactive payment of benefits for each week for which the
10individual filed a timely claim for benefits as determined by
11the rules and regulations issued by the Director for the filing
12of claims for benefits, provided that such benefits were denied
13solely because of subparagraph (a) of paragraph 4 of subsection
14B of this Section.
15    In the case of colleges or universities assigned the North
16American Industry Classification code 611310 or 611210, for
17services performed in an instructional, research, or principal
18administrative capacity, a person is presumed not to have
19reasonable assurance of employment under an offer that is
20conditioned on enrollment, funding, or program changes. It is
21the employer's burden to provide sufficient documentation to
22overcome this presumption. Reasonable assurance must be
23determined on a case-by-case basis by the total weight of the
24evidence rather than the existence of any one factor. Primary
25weight must be given to the contingent nature of an offer of
26employment based on enrollment, funding, and program changes.

 

 

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1In an unemployment insurance proceeding, a written letter from
2an employer to an employee that makes employment conditional is
3not prima facie evidence of reasonable assurance to be used to
4deny a claim for unemployment insurance.
5(Source: P.A. 87-1178.)