Bill Text: HI HB461 | 2010 | Regular Session | Introduced
Bill Title: Employment Security
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB461 Detail]
Download: Hawaii-2010-HB461-Introduced.html
Report Title:
Employment Security
Description:
Removes the disqualification for unemployment benefits where the separation was voluntary if the separation was due to a military spouse's reassignment to a different geographic location.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
461 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EMPLOYMENT SECURITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 383-30, Hawaii Revised Statutes, is amended to read as follows:
"§383-30 Disqualification for benefits. An individual shall be disqualified for benefits:
(1) Voluntary separation. [For any week prior to
October 1, 1989, in which the individual has left work voluntarily without
good cause, and continuing until the individual has, subsequent to the week in
which the voluntary separation occurred, been employed for at least five
consecutive weeks of employment. For the purposes of this paragraph,
"weeks of employment" means all those weeks within each of which the
individual has performed services in employment for not less than two days or
four hours per week, for one or more employers, whether or not such employers
are subject to this chapter.] For any week beginning on and after
October 1, 1989, in which the individual has left the individual's work
voluntarily without good cause, and continuing until the individual has,
subsequent to the week in which the voluntary separation occurred, been paid
wages in covered employment equal to not less than five times the individual's
weekly benefit amount as determined under section 383-22(b).
An owner-employee of a corporation who brings about the owner-employee's unemployment by divesting ownership, leasing the business interest, terminating the business, or by other similar actions where the owner-employee is the party initiating termination of the employment relationship, has voluntarily left employment.
An individual who is the spouse of a full-time member of the United States armed forces and who leaves work due to the military duty reassignment of that member of the United States armed forces to a different geographic location shall be deemed to have voluntarily left employment with good cause.
(2) Discharge or suspension for misconduct. [For
any week prior to October 1, 1989, in which the individual has been
discharged for misconduct connected with work, and continuing until the
individual has, subsequent to the week in which the discharge occurred, been
employed for at least five consecutive weeks of employment. For the week in
which the individual has been suspended for misconduct connected with work and
for not less than one or more than four consecutive weeks of unemployment which
immediately follow such week, as determined in each case in accordance with the
seriousness of the misconduct. For the purposes of this paragraph, "weeks
of employment" means all those weeks within each of which the individual
has performed services in employment for not less than two days or four hours
per week, for one or more employers, whether or not such employers are subject
to this chapter.] For any week beginning on and after October 1,
1989, in which the individual has been discharged for misconduct connected with
work, and until the individual has, subsequent to the week in which the
discharge occurred, been paid wages in covered employment equal to not less
than five times the individual's weekly benefit amount as determined under
section 383-22(b).
(3) Failure to apply for work, etc. [For any week
prior to October 1, 1989, in which the individual failed, without good
cause, either to apply for available, suitable work when so directed by the
employment office or any duly authorized representative of the department of
labor and industrial relations, or to accept suitable work when offered and
continuing until the individual has, subsequent to the week in which the
failure occurred, been employed for at least five consecutive weeks of
employment. For the purposes of this paragraph, "weeks of employment"
means all those weeks within each of which the individual has performed
services in employment for not less than two days or four hours per week, for
one or more employers, whether or not such employers are subject to this
chapter.] For any week beginning on and after October 1, 1989, in
which the individual failed, without good cause, either to apply for available,
suitable work when so directed by the employment office or any duly authorized
representative of the department of labor and industrial relations, or to
accept suitable work when offered until the individual has, subsequent to the
week in which the failure occurred, been paid wages in covered employment equal
to not less than five times the individual's weekly benefit amount as
determined under section 383-22(b).
(A) In determining whether or not any work is
suitable for an individual there shall be considered among other factors and in
addition to those enumerated in [paragraph (3)(B),] subparagraph (B),
the degree of risk involved to the individual's health, safety, and morals, the
individual's physical fitness and prior training, the individual's experience
and prior earnings, the length of unemployment, the individual's prospects for
obtaining work in the individual's customary occupation, the distance of
available work from the individual's residence, and prospects for obtaining
local work. The same factors so far as applicable shall be considered in
determining the existence of good cause for an individual's voluntarily leaving
work under paragraph (1).
(B) Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions:
(i) If the position offered is vacant due directly to a strike, lockout, or other labor dispute;
(ii) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;
(iii) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.
(4) Labor dispute. For any week with respect to which it is found that unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which the individual is or was last employed; provided that this paragraph shall not apply if it is shown that:
(A) The individual is not participating in or directly interested in the labor dispute which caused the stoppage of work; and
(B) The individual does not belong to a grade
or class of workers of which, immediately before the commencement of the
stoppage, there were members employed at the premises at which the stoppage
occurs, any of whom are participating in or directly interested in the dispute;
provided that if in any case separate branches of work, which are commonly
conducted as separate businesses in separate premises, are conducted in
separate departments of the same premises, each such department [shall],
for the purpose of this paragraph, shall be deemed to be a separate
factory, establishment, or other premises.
(5) If the department finds that the individual has within the twenty-four calendar months immediately preceding any week of unemployment made a false statement or representation of a material fact knowing it to be false or knowingly failed to disclose a material fact to obtain any benefits not due under this chapter, the individual shall be disqualified for benefits beginning with the week in which the department makes the determination and for each consecutive week during the current and subsequent twenty-four calendar months immediately following such determination, and such individual shall not be entitled to any benefit under this chapter for the duration of such period; provided that no disqualification shall be imposed if proceedings have been undertaken against the individual under section 383-141.
(6) Other unemployment benefits. For any week or part of a week with respect to which the individual has received or is seeking unemployment benefits under any other employment security law, but this paragraph shall not apply (A) if the appropriate agency finally determines that the individual is not entitled to benefits under such other law, or (B) if benefits are payable to the individual under an act of Congress which has as its purpose the supplementation of unemployment benefits under a state law."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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