Bill Text: IL HB5052 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends provisions of the Unemployment Insurance Act regarding ineligibility for benefits because of a discharge for misconduct by changing the elements of the definition of "misconduct" as follows: by requiring that a violation constituting misconduct be knowing (rather than deliberate and willful); by providing that a violation of a reasonable rule or policy has harmed the employing unit or another employee or other employees (rather than the employing unit or other employees); and by providing that a violation is knowing when an individual acts deliberately to violate the rule or policy, is consciously aware that his or her conduct will violate the rule or policy, or is consciously aware that his or her conduct is practically certain to violate the rule or policy.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-01-08 - Session Sine Die [HB5052 Detail]
Download: Illinois-2011-HB5052-Introduced.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unemployment Insurance Act is amended by | |||||||||||||||||||
5 | changing Section 602 as follows:
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6 | (820 ILCS 405/602) (from Ch. 48, par. 432)
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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
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12 | benefit amount in each of four calendar weeks
which are either | |||||||||||||||||||
13 | for services in employment, or have been or will be reported
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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 knowing | |||||||||||||||||||
23 | deliberate and
willful violation of a reasonable rule or policy |
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1 | of the employing unit,
governing the individual's behavior in | ||||||
2 | performance of his work, provided
such violation has harmed the | ||||||
3 | employing unit or another employee or other employees or has | ||||||
4 | been
repeated by the individual despite a warning or other | ||||||
5 | explicit instruction
from the employing unit. A violation is | ||||||
6 | knowing when an individual acts deliberately to violate the | ||||||
7 | rule or policy, when an individual is consciously aware that | ||||||
8 | his or her conduct will violate the rule or policy, or when an | ||||||
9 | individual is consciously aware that his or her conduct is | ||||||
10 | practically certain to violate the rule or policy.
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11 | B. Notwithstanding any other provision of this Act, no | ||||||
12 | benefit
rights shall accrue to any individual based upon wages | ||||||
13 | from any employer
for service rendered prior to the day upon | ||||||
14 | which such individual was
discharged because of the commission | ||||||
15 | of a felony in connection with his
work, or because of theft in | ||||||
16 | connection with his work, for which the
employer was in no way | ||||||
17 | responsible; provided, that the employer notified
the Director | ||||||
18 | of such possible ineligibility within the time limits
specified | ||||||
19 | by regulations of the Director, and that the individual has
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20 | admitted his commission of the felony or theft to a | ||||||
21 | representative of
the Director, or has signed a written | ||||||
22 | admission of such act and such
written admission has been | ||||||
23 | presented to a representative of the
Director, or such act has | ||||||
24 | resulted in a conviction or order of
supervision by a court of
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25 | competent jurisdiction; and provided further, that if by reason | ||||||
26 | of such
act, he is in legal custody, held on bail or is a |
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1 | fugitive from justice,
the determination of his benefit rights | ||||||
2 | shall be held in abeyance
pending the result of any legal | ||||||
3 | proceedings arising therefrom.
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4 | (Source: P.A. 85-956.)
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