Illinois Compiled Statutes
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820 ILCS 405/602
(820 ILCS 405/602)
(from Ch. 48, par. 432)
Discharge for misconduct - Felony.
A. An individual shall be
ineligible for benefits for the week in which he has been discharged for
misconduct connected with his work 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.
The requalification requirements of the preceding sentence shall be
deemed to have been satisfied, as of the date of reinstatement, if,
subsequent to his discharge by an employing unit for misconduct connected
with his work, such individual is reinstated by such employing unit. For
purposes of this subsection, the term "misconduct" means the deliberate and
willful violation of a reasonable rule or policy of the employing unit,
governing the individual's behavior in performance of his work, provided
such violation has harmed the employing unit or other employees or has been
repeated by the individual despite a warning or other explicit instruction
from the employing unit. The previous definition notwithstanding, "misconduct" shall include any of the following work-related circumstances:
1. Falsification of an employment application, or any
other documentation provided to the employer, to obtain employment through subterfuge.
2. Failure to maintain licenses, registrations, and
certifications reasonably required by the employer, or those that the individual is required to possess by law, to perform his or her regular job duties, unless the failure is not within the control of the individual.
3. Knowing, repeated violation of the attendance
policies of the employer that are in compliance with State and federal law following a written warning for an attendance violation, unless the individual can demonstrate that he or she has made a reasonable effort to remedy the reason or reasons for the violations or that the reason or reasons for the violations were out of the individual's control. Attendance policies of the employer shall be reasonable and provided to the individual in writing, electronically, or via posting in the workplace.
4. Damaging the employer's property through conduct
that is grossly negligent.
5. Refusal to obey an employer's reasonable and
lawful instruction, unless the refusal is due to the lack of ability, skills, or training for the individual required to obey the instruction or the instruction would result in an unsafe act.
6. Consuming alcohol or illegal or non-prescribed
prescription drugs, or using an impairing substance in an off-label manner, on the employer's premises during working hours in violation of the employer's policies.
7. Reporting to work under the influence of alcohol,
illegal or non-prescribed prescription drugs, or an impairing substance used in an off-label manner in violation of the employer's policies, unless the individual is compelled to report to work by the employer outside of scheduled and on-call working hours and informs the employer that he or she is under the influence of alcohol, illegal or non-prescribed prescription drugs, or an impairing substance used in an off-label manner in violation of the employer's policies.
8. Grossly negligent conduct endangering the safety
of the individual or co-workers.
For purposes of paragraphs 4 and 8, conduct is "grossly negligent" when the individual is, or reasonably should be, aware of a substantial risk that the conduct will result in the harm sought to be prevented and the conduct constitutes a substantial deviation from the standard of care a reasonable person would exercise in the situation.
Nothing in paragraph 6 or 7 prohibits the lawful use of over-the-counter drug products as defined in Section 206 of the Illinois Controlled Substances Act, provided that the medication does not affect the safe performance of the employee's work duties.
B. Notwithstanding any other provision of this Act, no benefit
rights shall accrue to any individual based upon wages from any employer
for service rendered prior to the day upon which such individual was
discharged because of the commission of a felony in connection with his
work, or because of theft in connection with his work, for which the
employer was in no way responsible; provided, that the employer notified
the Director of such possible ineligibility within the time limits
specified by regulations of the Director, and that the individual has
admitted his commission of the felony or theft to a representative of
the Director, or has signed a written admission of such act and such
written admission has been presented to a representative of the
Director, or such act has resulted in a conviction or order of
supervision by a court of
competent jurisdiction; and provided further, that if by reason of such
act, he is in legal custody, held on pretrial release or is a fugitive from justice,
the determination of his benefit rights shall be held in abeyance
pending the result of any legal proceedings arising therefrom.
(Source: P.A. 101-652, eff. 1-1-23