Bill Text: IL SB1277 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends provisions of the Unemployment Insurance Act concerning ineligibility for benefits after a discharge for misconduct. Provides that "misconduct" means the violation (rather than the deliberate and willful violation) of a reasonable rule or policy of the employing unit governing the individual's behavior in performance of his or her work, provided the violation has harmed the employing unit or other employees or has been repeated by the individual despite a warning or other instruction (rather than explicit instruction) from the employing unit.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1277 Detail]

Download: Illinois-2017-SB1277-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1277 Introduced 2/9/2017, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
820 ILCS 405/602 from Ch. 48, par. 432
Amends provisions of the Unemployment Insurance Act concerning ineligibility for benefits after a discharge for misconduct. Provides that "misconduct" means the violation (rather than the deliberate and willful violation) of a reasonable rule or policy of the employing unit governing the individual's behavior in performance of his or her work, provided the violation has harmed the employing unit or other employees or has been repeated by the individual despite a warning or other instruction (rather than explicit instruction) from the employing unit.
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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 Section 602 as follows:
(820 ILCS 405/602) (from Ch. 48, par. 432)
Sec. 602. 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

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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

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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

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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 bail 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.

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(Source: P.A. 99-488, eff. 1-3-16.)