Full Text of HB0139 98th General Assembly
HB0139 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB0139 Introduced 1/14/2013, by Rep. Jil Tracy SYNOPSIS AS INTRODUCED: |
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820 ILCS 405/602 | from Ch. 48, par. 432 |
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Amends provisions of the Unemployment Insurance Act concerning discharge for misconduct. Makes the following changes in the definition of "misconduct": deletes language requiring that a violation of a reasonable rule or policy of the employing unit be deliberate and
willful; and deletes language requiring that an instruction
from the employing unit be explicit.
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| | A BILL FOR |
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| | | HB0139 | | LRB098 02578 WGH 32582 b |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unemployment Insurance Act is amended by | 5 | | changing Section 602 as follows:
| 6 | | (820 ILCS 405/602) (from Ch. 48, par. 432)
| 7 | | Sec. 602. Discharge for misconduct - Felony. A. An | 8 | | individual shall be
ineligible for benefits for the week in | 9 | | which he has been discharged for
misconduct connected with his | 10 | | work and, thereafter, until he has become
reemployed and has | 11 | | had earnings equal to or in excess of his current weekly
| 12 | | benefit amount in each of four calendar weeks
which are either | 13 | | for services in employment, or have been or will be reported
| 14 | | pursuant to the provisions of the Federal Insurance | 15 | | Contributions Act by
each employing unit for which such | 16 | | services are performed and which submits
a statement certifying | 17 | | to that fact.
The requalification requirements of the preceding | 18 | | sentence shall be
deemed to have been satisfied, as of the date | 19 | | of reinstatement, if,
subsequent to his discharge by an | 20 | | employing unit for misconduct connected
with his work, such | 21 | | individual is reinstated by such employing unit. For
purposes | 22 | | of this subsection, the term "misconduct" means the deliberate | 23 | | and
willful violation of a reasonable rule or policy of the |
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| 1 | | employing unit,
governing the individual's behavior in | 2 | | performance of his work, provided
such violation has harmed the | 3 | | employing unit or other employees or has been
repeated by the | 4 | | individual despite a warning or other explicit instruction
from | 5 | | the employing unit.
| 6 | | B. Notwithstanding any other provision of this Act, no | 7 | | benefit
rights shall accrue to any individual based upon wages | 8 | | from any employer
for service rendered prior to the day upon | 9 | | which such individual was
discharged because of the commission | 10 | | of a felony in connection with his
work, or because of theft in | 11 | | connection with his work, for which the
employer was in no way | 12 | | responsible; provided, that the employer notified
the Director | 13 | | of such possible ineligibility within the time limits
specified | 14 | | by regulations of the Director, and that the individual has
| 15 | | admitted his commission of the felony or theft to a | 16 | | representative of
the Director, or has signed a written | 17 | | admission of such act and such
written admission has been | 18 | | presented to a representative of the
Director, or such act has | 19 | | resulted in a conviction or order of
supervision by a court of
| 20 | | competent jurisdiction; and provided further, that if by reason | 21 | | of such
act, he is in legal custody, held on bail or is a | 22 | | fugitive from justice,
the determination of his benefit rights | 23 | | shall be held in abeyance
pending the result of any legal | 24 | | proceedings arising therefrom.
| 25 | | (Source: P.A. 85-956.)
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