Full Text of HB6614 93rd General Assembly
HB6614 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6614
Introduced 02/09/04, by Jay C. Hoffman SYNOPSIS AS INTRODUCED: |
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820 ILCS 405/601 |
from Ch. 48, par. 431 |
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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.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6614 |
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LRB093 16061 WGH 41687 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 | 5 |
| changing Section 601 as follows: | 6 |
| (820 ILCS 405/601) (from Ch. 48, par. 431)
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| Sec. 601. Voluntary leaving. | 8 |
| A. An individual shall be ineligible for
benefits for the | 9 |
| week in which he has left work voluntarily without good
cause | 10 |
| attributable to the employing unit and, thereafter, until he | 11 |
| has become
reemployed and has had earnings equal to or in | 12 |
| excess of his current weekly
benefit amount in each of four | 13 |
| calendar weeks which are either for services
in employment, or | 14 |
| have been or will be reported pursuant to the provisions
of the | 15 |
| Federal Insurance Contributions Act by each employing unit for | 16 |
| which
such services are performed and which submits a statement | 17 |
| certifying to that fact.
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| B. The provisions of this Section shall not apply to an | 19 |
| individual
who has left work voluntarily:
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| 1. Because he is deemed physically unable to perform | 21 |
| his work by a licensed
and practicing physician, or has | 22 |
| left work voluntarily upon the advice of
a licensed and | 23 |
| practicing physician that assistance is necessary for the
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| purpose of caring for his spouse, child, or parent who is | 25 |
| in poor physical
health and such assistance will not allow | 26 |
| him to perform the usual and customary
duties of his | 27 |
| 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 | 30 |
| acceptance, the individual
is either not unemployed in each | 31 |
| of 2 weeks, or earns remuneration for such
work equal to at | 32 |
| least twice his current weekly benefit amount;
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| 3. In lieu of accepting a transfer to other work | 2 |
| offered to the individual
by the employing unit under the | 3 |
| terms of a collective bargaining agreement
or pursuant to | 4 |
| an established employer plan, program, or policy, if the
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| acceptance of such other work by the individual would | 6 |
| require the separation
from that work of another individual | 7 |
| currently performing it;
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| 4. Solely because of the sexual harassment of the | 9 |
| individual by another
employee. Sexual harassment means | 10 |
| (1) unwelcome sexual advances, requests
for sexual favors, | 11 |
| sexually motivated physical contact or other conduct
or | 12 |
| communication which is made a term or condition of the | 13 |
| employment or
(2) the employee's submission to or rejection | 14 |
| of such conduct or communication
which is the basis for | 15 |
| decisions affecting employment, or (3) when such
conduct or | 16 |
| communication has the purpose or effect of substantially | 17 |
| interfering
with an individual's work performance or | 18 |
| creating an intimidating, hostile,
or offensive working | 19 |
| environment and the employer knows or should know of
the | 20 |
| existence of the harassment and fails to take timely and | 21 |
| appropriate
action;
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| 5. Which he had accepted after separation from other | 23 |
| work, and the work
which he left voluntarily would be | 24 |
| deemed unsuitable under the provisions
of Section 603;
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| 6. (a) Because the individual left work due to | 26 |
| circumstances resulting
from
the individual being a victim | 27 |
| of domestic violence as defined in Section 103 of
the | 28 |
| Illinois Domestic Violence Act of 1986 or stalking ; and | 29 |
| provided, such individual has
made reasonable efforts to | 30 |
| preserve the employment. As used in this Section, | 31 |
| "stalking" means any conduct proscribed by the Criminal | 32 |
| Code of
1961 in Sections 12-7.3 and 12-7.4.
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| (i) For the purposes of this paragraph 6, the | 34 |
| individual shall be treated as
being a victim of domestic | 35 |
| violence if the individual provides the following:
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| (A)
(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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| (B)
(ii) to the Department provides:
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| (I)
(A) an order of protection or other | 4 |
| documentation of equitable relief
issued by a | 5 |
| court of competent jurisdiction; or
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| (II)
(B) a police report or criminal charges | 7 |
| documenting the domestic
violence; or
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| (III)
(C) medical documentation of the | 9 |
| domestic violence; or
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| (IV)
(D) evidence of domestic violence from a | 11 |
| counselor, social worker,
health worker or | 12 |
| domestic violence shelter worker.
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| (ii) For the purposes of this paragraph 6, the | 14 |
| individual shall be treated as
being a victim of stalking | 15 |
| if the individual: | 16 |
| (A) provides written notice to the employing unit | 17 |
| of the reason for the
individual's
voluntarily | 18 |
| leaving; and | 19 |
| (B) provides to the Department: | 20 |
| (I) documentation of equitable relief
issued | 21 |
| by a court of competent jurisdiction; or | 22 |
| (II) a police report or criminal charges | 23 |
| documenting the stalking; or | 24 |
| (III) evidence of stalking from a counselor, | 25 |
| social worker,
or domestic violence shelter | 26 |
| worker.
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| (b) If the individual does not meet the provisions of | 28 |
| subparagraph (a), the
individual shall be held to have | 29 |
| voluntarily terminated employment for the
purpose of | 30 |
| determining the individual's eligibility for benefits | 31 |
| pursuant to
subsection A.
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| (c) Notwithstanding any other provision to the | 33 |
| contrary, evidence of
domestic violence or stalking
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| experienced by an individual, including the individual's
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| statement and corroborating evidence, shall not be | 36 |
| disclosed by the Department
unless consent for disclosure |
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| is given by the individual.
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| (Source: P.A. 93-634, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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