Bill Text: IL HB2451 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Unemployment Insurance Act. Provides that individuals who voluntarily leave employment to enroll in and attend a Department-approved training course are not ineligible for benefits. Provides that an employer shall not be charged for benefit charges resulting from payments to a claimant if the claimant is enrolled in and attending a Department-approved training course.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-02-17 - Referred to Rules Committee [HB2451 Detail]

Download: Illinois-2015-HB2451-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2451 Introduced , by Rep. Patrick J. Verschoore SYNOPSIS AS INTRODUCED:
820 ILCS 405/601 from Ch. 48, par. 431
820 ILCS 405/1502.1 from Ch. 48, par. 572.1
Amends the Unemployment Insurance Act. Provides that individuals who voluntarily leave employment to enroll in and attend a Department-approved training course are not ineligible for benefits. Provides that an employer shall not be charged for benefit charges resulting from payments to a claimant if the claimant is enrolled in and attending a Department-approved training course.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unemployment Insurance Act is amended by
changing Sections 601 and 1502.1 as follows:
(820 ILCS 405/601) (from Ch. 48, par. 431)
Sec. 601. Voluntary leaving.
A. An individual shall be ineligible for benefits for the
week in which he or she has left work voluntarily without good
cause attributable to the employing unit and, thereafter, until
he or she has become reemployed and has had earnings equal to
or in excess of his or her 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.
B. The provisions of this Section shall not apply to an
individual who has left work voluntarily:
1. Because he or she is deemed physically unable to
perform his or her work by a licensed and practicing
physician, or because the individual's assistance is
necessary for the purpose of caring for his or her spouse,

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child, or parent who, according to a licensed and
practicing physician or as otherwise reasonably verified,
is in poor physical or mental health or is mentally or
physically disabled and the employer is unable to
accommodate the individual's need to provide such
assistance;
2. To accept other bona fide work and, after such
acceptance, the individual is either not unemployed in each
of 2 weeks, or earns remuneration for such work equal to at
least twice his or her current weekly benefit amount;
3. In lieu of accepting a transfer to other work
offered to the individual by the employing unit under the
terms of a collective bargaining agreement or pursuant to
an established employer plan, program, or policy, if the
acceptance of such other work by the individual would
require the separation from that work of another individual
currently performing it;
4. Solely because of the sexual harassment of the
individual by another employee. Sexual harassment means
(1) unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact or other conduct or
communication which is made a term or condition of the
employment or (2) the employee's submission to or rejection
of such conduct or communication which is the basis for
decisions affecting employment, or (3) when such conduct or
communication has the purpose or effect of substantially

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interfering with an individual's work performance or
creating an intimidating, hostile, or offensive working
environment and the employer knows or should know of the
existence of the harassment and fails to take timely and
appropriate action;
5. Which he or she had accepted after separation from
other work, and the work which he or she left voluntarily
would be deemed unsuitable under the provisions of Section
603;
6. (a) Because the individual left work due to verified
domestic violence as defined in Section 103 of the Illinois
Domestic Violence Act of 1986 where the domestic violence
caused the individual to reasonably believe that his or her
continued employment would jeopardize his or her safety or
the safety of his or her spouse, minor child, or parent
if the individual provides the following:
(i) notice to the employing unit of the reason for
the individual's voluntarily leaving; and
(ii) to the Department provides:
(A) an order of protection or other
documentation of equitable relief issued by a
court of competent jurisdiction; or
(B) a police report or criminal charges
documenting the domestic violence; or
(C) medical documentation of the domestic
violence; or

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(D) evidence of domestic violence from a
member of the clergy, attorney, counselor, social
worker, health worker or domestic violence shelter
worker.
(b) If the individual does not meet the provisions of
subparagraph (a), the individual shall be held to have
voluntarily terminated employment for the purpose of
determining the individual's eligibility for benefits
pursuant to subsection A.
(c) Notwithstanding any other provision to the
contrary, evidence of domestic violence experienced by an
individual, or his or her spouse, minor child, or parent,
including the individual's statement and corroborating
evidence, shall not be disclosed by the Department unless
consent for disclosure is given by the individual.
7. Because, due to a change in location of employment
of the individual's spouse, the individual left work to
accompany his or her spouse to a place from which it is
impractical to commute or because the individual left
employment to accompany a spouse who has been reassigned
from one military assignment to another. The employer's
account, however, shall not be charged for any benefits
paid out to the individual who leaves work under a
circumstance described in this paragraph.
8. Because the individual is enrolled in and attending
a Department-approved training course. The employer's

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account, however, shall not be charged for any benefits
paid out to the individual who leaves work under a
circumstance described in this paragraph.
C. Within 90 days of the effective date of this amendatory
Act of the 96th General Assembly, the Department shall
promulgate rules, pursuant to the Illinois Administrative
Procedure Act and consistent with Section 903(f)(3)(B) of the
Social Security Act, to clarify and provide guidance regarding
eligibility and the prevention of fraud.
(Source: P.A. 95-736, eff. 7-16-08; 96-30, eff. 6-30-09.)
(820 ILCS 405/1502.1) (from Ch. 48, par. 572.1)
Sec. 1502.1. Employer's benefit charges.
A. Benefit charges which result from payments to any
claimant made on or after July 1, 1989 shall be charged:
1. For benefit years beginning prior to July 1, 1989,
to each employer who paid wages to the claimant during his
base period;
2. For benefit years beginning on or after July 1, 1989
but before January 1, 1993, to the later of:
a. the last employer prior to the beginning of the
claimant's benefit year:
i. from whom the claimant was separated or who,
by reduction of work offered, caused the claimant
to become unemployed as defined in Section 239,
and,

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ii. for whom the claimant performed services
in employment, on each of 30 days whether or not
such days are consecutive, provided that the wages
for such services were earned during the period
from the beginning of the claimant's base period to
the beginning of the claimant's benefit year; but
that employer shall not be charged if:
(1) the claimant's last separation from
that employer was a voluntary leaving without
good cause, as the term is used in Section 601A
or under the circumstances described in
paragraphs 1 and 2 of Section 601B; or
(2) the claimant's last separation from
that employer was a discharge for misconduct or
a felony or theft connected with his work from
that employer, as these terms are used in
Section 602; or
(3) after his last separation from that
employer, prior to the beginning of his benefit
year, the claimant refused to accept an offer
of or to apply for suitable work from that
employer without good cause, as these terms are
used in Section 603; or
(4) the claimant, following his last
separation from that employer, prior to the
beginning of his benefit year, is ineligible or

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would have been ineligible under Section 612 if
he has or had had base period wages from the
employers to which that Section applies; or
(5) the claimant subsequently performed
services for at least 30 days for an individual
or organization which is not an employer
subject to this Act; or
(6) the claimant is enrolled in and
attending a Department-approved training
course; or
b. the single employer who pays wages to the
claimant that allow him to requalify for benefits after
disqualification under Section 601, 602 or 603, if:
i. the disqualifying event occurred prior to
the beginning of the claimant's benefit year, and
ii. the requalification occurred after the
beginning of the claimant's benefit year, and
iii. even if the 30 day requirement given in
this paragraph is not satisfied; but
iv. the requalifying employer shall not be
charged if the claimant is held ineligible with
respect to that requalifying employer under
Section 601, 602 or 603.
3. For benefit years beginning on or after January 1,
1993, with respect to each week for which benefits are
paid, to the later of:

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a. the last employer:
i. from whom the claimant was separated or who,
by reduction of work offered, caused the claimant
to become unemployed as defined in Section 239, and
ii. for whom the claimant performed services
in employment, on each of 30 days whether or not
such days are consecutive, provided that the wages
for such services were earned since the beginning
of the claimant's base period; but that employer
shall not be charged if:
(1) the claimant's separation from that
employer was a voluntary leaving without good
cause, as the term is used in Section 601A or
under the circumstances described in
paragraphs 1, 2, and 6 of Section 601B; or
(2) the claimant's separation from that
employer was a discharge for misconduct or a
felony or theft connected with his work from
that employer, as these terms are used in
Section 602; or
(3) the claimant refused to accept an
offer of or to apply for suitable work from
that employer without good cause, as these
terms are used in Section 603 (but only for
weeks following the refusal of work); or
(4) the claimant subsequently performed

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services for at least 30 days for an individual
or organization which is not an employer
subject to this Act; or
(5) the claimant, following his separation
from that employer, is ineligible or would have
been ineligible under Section 612 if he has or
had had base period wages from the employers to
which that Section applies (but only for the
period of ineligibility or potential
ineligibility); or
b. the single employer who pays wages to the
claimant that allow him to requalify for benefits after
disqualification under Section 601, 602, or 603, even
if the 30 day requirement given in this paragraph is
not satisfied; but the requalifying employer shall not
be charged if the claimant is held ineligible with
respect to that requalifying employer under Section
601, 602, or 603.
B. Whenever a claimant is ineligible pursuant to Section
614 on the basis of wages paid during his base period, any days
on which such wages were earned shall not be counted in
determining whether that claimant performed services during at
least 30 days for the employer that paid such wages as required
by paragraphs 2 and 3 of subsection A.
C. If no employer meets the requirements of paragraph 2 or
3 of subsection A, then no employer will be chargeable for any

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benefit charges which result from the payment of benefits to
the claimant for that benefit year.
D. Notwithstanding the preceding provisions of this
Section, no employer shall be chargeable for any benefit
charges which result from the payment of benefits to any
claimant after the effective date of this amendatory Act of
1992 where the claimant's separation from that employer
occurred as a result of his detention, incarceration, or
imprisonment under State, local, or federal law.
D-1. Notwithstanding any other provision of this Act,
including those affecting finality of benefit charges or rates,
an employer shall not be chargeable for any benefit charges
which result from the payment of benefits to an individual for
any week of unemployment after January 1, 2003, during the
period that the employer's business is closed solely because of
the entrance of the employer, one or more of the partners or
officers of the employer, or the majority stockholder of the
employer into active duty in the Illinois National Guard or the
Armed Forces of the United States.
E. For the purposes of Sections 302, 409, 701, 1403, 1404,
1405 and 1508.1, last employer means the employer that:
1. is charged for benefit payments which become benefit
charges under this Section, or
2. would have been liable for such benefit charges if
it had not elected to make payments in lieu of
contributions.

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(Source: P.A. 93-634, eff. 1-1-04; 93-1012, eff. 8-24-04;
94-152, eff. 7-8-05.)