Bill Title: To allow an individual to receive unemployment compensation benefits for unemployment related to domestic abuse or compelling family circumstances, to allow an individual to receive unemployment training extension benefits under specified conditions, and to create the Unemployment Modernization Review Task Force.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-01 - To Insurance, Commerce, & Labor
[SB13 Detail]Download: Ohio-2011-SB13-Introduced.html
As Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
| |
A BILL
| To amend section 4141.29 and to enact sections | 1 |
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4141.293 and 4141.302 of the Revised Code to allow | 2 |
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an individual to receive unemployment compensation | 3 |
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benefits for unemployment related to domestic | 4 |
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abuse or compelling family circumstances, to allow | 5 |
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an individual to receive unemployment training | 6 |
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extension benefits under specified conditions, and | 7 |
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to create the Unemployment Modernization Review | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 4141.29 be amended and sections | 10 |
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4141.293 and 4141.302 of the Revised Code be enacted to read as | 11 |
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follows: | 12 |
| Sec. 4141.29. Each eligible individual shall receive | 13 |
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benefits as compensation for loss of remuneration due to | 14 |
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involuntary total or partial unemployment in the amounts and | 15 |
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subject to the conditions stipulated in this chapter. | 16 |
| (A) No individual is entitled to a waiting period or benefits | 17 |
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for any week unless the individual: | 18 |
| (1) Has filed a valid application for determination of | 19 |
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benefit rights in accordance with section 4141.28 of the Revised | 20 |
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Code; | 21 |
| (2) Has made a claim for benefits in accordance with section | 22 |
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4141.28 of the Revised Code; | 23 |
| (3) Has registered at an employment office or other | 24 |
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registration place maintained or designated by the director of job | 25 |
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and family services. Registration shall be made in accordance with | 26 |
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the time limits, frequency, and manner prescribed by the director. | 27 |
| (4)(a)(i) Is able to work and available for suitable work | 28 |
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and, except as provided in division (A)(4)(a)(ii) of this section, | 29 |
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is actively seeking suitable work either in a locality in which | 30 |
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the individual has earned wages subject to this chapter during the | 31 |
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individual's base period, or if the individual leaves that | 32 |
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locality, then in a locality where suitable work normally is | 33 |
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performed. | 34 |
| (ii) The director may waive the requirement that a claimant | 35 |
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be actively seeking work when the director finds that the | 36 |
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individual has been laid off and the employer who laid the | 37 |
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individual off has notified the director within ten days after the | 38 |
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layoff, that work is expected to be available for the individual | 39 |
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within a specified number of days not to exceed forty-five | 40 |
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calendar days following the last day the individual worked. In the | 41 |
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event the individual is not recalled within the specified period, | 42 |
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this waiver shall cease to be operative with respect to that | 43 |
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layoff. | 44 |
| (b) The individual shall be instructed as to the efforts that | 45 |
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the individual must make in the search for suitable work, except | 46 |
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where the active search for work requirement has been waived under | 47 |
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division (A)(4)(a) of this section, and shall keep a record of | 48 |
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where and when the individual has sought work in complying with | 49 |
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those instructions and, upon request, shall produce that record | 50 |
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for examination by the director. | 51 |
| (c) An individual who is attending a training course approved | 52 |
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by the director meets the requirement of this division, if | 53 |
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attendance was recommended by the director and the individual is | 54 |
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regularly attending the course and is making satisfactory | 55 |
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progress. An individual also meets the requirements of this | 56 |
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division if the individual is participating and advancing in a | 57 |
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training program, as defined in division (P) of section 5709.61 of | 58 |
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the Revised Code, and if an enterprise, defined in division (B) of | 59 |
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section 5709.61 of the Revised Code, is paying all or part of the | 60 |
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cost of the individual's participation in the training program | 61 |
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with the intention of hiring the individual for employment as a | 62 |
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new employee, as defined in division (L) of section 5709.61 of the | 63 |
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Revised Code, for at least ninety days after the individual's | 64 |
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completion of the training program. | 65 |
| (d) An individual who becomes unemployed while attending a | 66 |
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regularly established school and whose base period qualifying | 67 |
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weeks were earned in whole or in part while attending that school, | 68 |
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meets the availability and active search for work requirements of | 69 |
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division (A)(4)(a) of this section if the individual regularly | 70 |
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attends the school during weeks with respect to which the | 71 |
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individual claims unemployment benefits and makes self available | 72 |
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on any shift of hours for suitable employment with the | 73 |
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individual's most recent employer or any other employer in the | 74 |
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individual's base period, or for any other suitable employment to | 75 |
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which the individual is directed, under this chapter. | 76 |
| (e) The director shall adopt any rules that the director | 77 |
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deems necessary for the administration of division (A)(4) of this | 78 |
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section. | 79 |
| (f) Notwithstanding any other provisions of this section, no | 80 |
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otherwise eligible individual shall be denied benefits for any | 81 |
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week because the individual is in training approved under section | 82 |
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236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. | 83 |
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2296, nor shall that individual be denied benefits by reason of | 84 |
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leaving work to enter such training, provided the work left is not | 85 |
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suitable employment, or because of the application to any week in | 86 |
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training of provisions in this chapter, or any applicable federal | 87 |
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unemployment compensation law, relating to availability for work, | 88 |
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active search for work, or refusal to accept work. | 89 |
| For the purposes of division (A)(4)(f) of this section, | 90 |
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"suitable employment" means with respect to an individual, work of | 91 |
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a substantially equal or higher skill level than the individual's | 92 |
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past adversely affected employment, as defined for the purposes of | 93 |
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the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and | 94 |
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wages for such work at not less than eighty per cent of the | 95 |
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individual's average weekly wage as determined for the purposes of | 96 |
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that federal act. | 97 |
| (5) Is unable to obtain suitable work. An individual who is | 98 |
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provided temporary work assignments by the individual's employer | 99 |
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under agreed terms and conditions of employment, and who is | 100 |
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required pursuant to those terms and conditions to inquire with | 101 |
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the individual's employer for available work assignments upon the | 102 |
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conclusion of each work assignment, is not considered unable to | 103 |
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obtain suitable employment if suitable work assignments are | 104 |
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available with the employer but the individual fails to contact | 105 |
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the employer to inquire about work assignments. | 106 |
| (6) Participates in reemployment services, such as job search | 107 |
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assistance services, if the individual has been determined to be | 108 |
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likely to exhaust benefits under this chapter, including | 109 |
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compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than | 110 |
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extended compensation, and needs reemployment services pursuant to | 111 |
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the profiling system established by the director under division | 112 |
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(K) of this section, unless the director determines that: | 113 |
| (a) The individual has completed such services; or | 114 |
| (b) There is justifiable cause for the claimant's failure to | 115 |
|
participate in such services. | 116 |
| (B) An individual suffering total or partial unemployment is | 117 |
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eligible for benefits for unemployment occurring subsequent to a | 118 |
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waiting period of one week and no benefits shall be payable during | 119 |
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this required waiting period. Not more than one week of waiting | 120 |
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period shall be required of any individual in any benefit year in | 121 |
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order to establish the individual's eligibility for total or | 122 |
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partial unemployment benefits. | 123 |
| (C) The waiting period for total or partial unemployment | 124 |
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shall commence on the first day of the first week with respect to | 125 |
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which the individual first files a claim for benefits at an | 126 |
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employment office or other place of registration maintained or | 127 |
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designated by the director or on the first day of the first week | 128 |
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with respect to which the individual has otherwise filed a claim | 129 |
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for benefits in accordance with the rules of the department of job | 130 |
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and family services, provided such claim is allowed by the | 131 |
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director. | 132 |
| (D) Notwithstanding division (A) of this section, no | 133 |
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individual may serve a waiting period or be paid benefits under | 134 |
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the following conditions: | 135 |
| (1) For any week with respect to which the director finds | 136 |
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that: | 137 |
| (a) The individual's unemployment was due to a labor dispute | 138 |
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other than a lockout at any factory, establishment, or other | 139 |
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premises located in this or any other state and owned or operated | 140 |
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by the employer by which the individual is or was last employed; | 141 |
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and for so long as the individual's unemployment is due to such | 142 |
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labor dispute. No individual shall be disqualified under this | 143 |
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provision if either of the following applies: | 144 |
| (i) The individual's employment was with such employer at any | 145 |
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factory, establishment, or premises located in this state, owned | 146 |
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or operated by such employer, other than the factory, | 147 |
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establishment, or premises at which the labor dispute exists, if | 148 |
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it is shown that the individual is not financing, participating | 149 |
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in, or directly interested in such labor dispute; | 150 |
| (ii) The individual's employment was with an employer not | 151 |
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involved in the labor dispute but whose place of business was | 152 |
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located within the same premises as the employer engaged in the | 153 |
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dispute, unless the individual's employer is a wholly owned | 154 |
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subsidiary of the employer engaged in the dispute, or unless the | 155 |
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individual actively participates in or voluntarily stops work | 156 |
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because of such dispute. If it is established that the claimant | 157 |
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was laid off for an indefinite period and not recalled to work | 158 |
|
prior to the dispute, or was separated by the employer prior to | 159 |
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the dispute for reasons other than the labor dispute, or that the | 160 |
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individual obtained a bona fide job with another employer while | 161 |
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the dispute was still in progress, such labor dispute shall not | 162 |
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render the employee ineligible for benefits. | 163 |
| (b) The individual has been given a disciplinary layoff for | 164 |
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misconduct in connection with the individual's work. | 165 |
| (2) For the duration of the individual's unemployment if the | 166 |
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director finds that: | 167 |
| (a) The individual quit work without just cause or has been | 168 |
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discharged for just cause in connection with the individual's | 169 |
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work, provided division (D)(2) of this section does not apply to | 170 |
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the separation of a person under any of the following | 171 |
|
circumstances: | 172 |
| (i) Separation from employment for the purpose of entering | 173 |
|
the armed forces of the United States if the individual is | 174 |
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inducted into the armed forces within one of the following | 175 |
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periods: | 176 |
| (I) Thirty days after separation; | 177 |
| (II) One hundred eighty days after separation if the | 178 |
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individual's date of induction is delayed solely at the discretion | 179 |
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of the armed forces. | 180 |
| (ii) Separation from employment pursuant to a | 181 |
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labor-management contract or agreement, or pursuant to an | 182 |
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established employer plan, program, or policy, which permits the | 183 |
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employee, because of lack of work, to accept a separation from | 184 |
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employment; | 185 |
| (iii) The individual has left employment to accept a recall | 186 |
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from a prior employer or, except as provided in division | 187 |
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(D)(2)(a)(iv) of this section, to accept other employment as | 188 |
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provided under section 4141.291 of the Revised Code, or left or | 189 |
|
was separated from employment that was concurrent employment at | 190 |
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the time of the most recent separation or within six weeks prior | 191 |
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to the most recent separation where the remuneration, hours, or | 192 |
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other conditions of such concurrent employment were substantially | 193 |
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less favorable than the individual's most recent employment and | 194 |
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where such employment, if offered as new work, would be considered | 195 |
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not suitable under the provisions of divisions (E) and (F) of this | 196 |
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section. Any benefits that would otherwise be chargeable to the | 197 |
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account of the employer from whom an individual has left | 198 |
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employment or was separated from employment that was concurrent | 199 |
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employment under conditions described in division (D)(2)(a)(iii) | 200 |
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of this section, shall instead be charged to the mutualized | 201 |
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account created by division (B) of section 4141.25 of the Revised | 202 |
|
Code, except that any benefits chargeable to the account of a | 203 |
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reimbursing employer under division (D)(2)(a)(iii) of this section | 204 |
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shall be charged to the account of the reimbursing employer and | 205 |
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not to the mutualized account, except as provided in division | 206 |
|
(D)(2) of section 4141.24 of the Revised Code. | 207 |
| (iv) When an individual has been issued a definite layoff | 208 |
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date by the individual's employer and before the layoff date, the | 209 |
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individual quits to accept other employment, the provisions of | 210 |
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division (D)(2)(a)(iii) of this section apply and no | 211 |
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disqualification shall be imposed under division (D) of this | 212 |
|
section. However, if the individual fails to meet the employment | 213 |
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and earnings requirements of division (A)(2) of section 4141.291 | 214 |
|
of the Revised Code, then the individual, pursuant to division | 215 |
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(A)(5) of this section, shall be ineligible for benefits for any | 216 |
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week of unemployment that occurs prior to the layoff date. | 217 |
| (b) The individual has refused without good cause to accept | 218 |
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an offer of suitable work when made by an employer either in | 219 |
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person or to the individual's last known address, or has refused | 220 |
|
or failed to investigate a referral to suitable work when directed | 221 |
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to do so by a local employment office of this state or another | 222 |
|
state, provided that this division shall not cause a | 223 |
|
disqualification for a waiting week or benefits under the | 224 |
|
following circumstances: | 225 |
| (i) When work is offered by the individual's employer and the | 226 |
|
individual is not required to accept the offer pursuant to the | 227 |
|
terms of the labor-management contract or agreement; or | 228 |
| (ii) When the individual is attending a training course | 229 |
|
pursuant to division (A)(4) of this section except, in the event | 230 |
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of a refusal to accept an offer of suitable work or a refusal or | 231 |
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failure to investigate a referral, benefits thereafter paid to | 232 |
|
such individual shall not be charged to the account of any | 233 |
|
employer and, except as provided in division (B)(1)(b) of section | 234 |
|
4141.241 of the Revised Code, shall be charged to the mutualized | 235 |
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account as provided in division (B) of section 4141.25 of the | 236 |
|
Revised Code. | 237 |
(c) SuchExcept as otherwise provided in section 4141.293 of | 238 |
|
the Revised Code, such individual quit work to marry or because of | 239 |
|
marital, parental, filial, or other domestic obligations. | 240 |
| (d) The individual became unemployed by reason of commitment | 241 |
|
to any correctional institution. | 242 |
| (e) The individual became unemployed because of dishonesty in | 243 |
|
connection with the individual's most recent or any base period | 244 |
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work. Remuneration earned in such work shall be excluded from the | 245 |
|
individual's total base period remuneration and qualifying weeks | 246 |
|
that otherwise would be credited to the individual for such work | 247 |
|
in the individual's base period shall not be credited for the | 248 |
|
purpose of determining the total benefits to which the individual | 249 |
|
is eligible and the weekly benefit amount to be paid under section | 250 |
|
4141.30 of the Revised Code. Such excluded remuneration and | 251 |
|
noncredited qualifying weeks shall be excluded from the | 252 |
|
calculation of the maximum amount to be charged, under division | 253 |
|
(D) of section 4141.24 and section 4141.33 of the Revised Code, | 254 |
|
against the accounts of the individual's base period employers. In | 255 |
|
addition, no benefits shall thereafter be paid to the individual | 256 |
|
based upon such excluded remuneration or noncredited qualifying | 257 |
|
weeks. | 258 |
| For purposes of division (D)(2)(e) of this section, | 259 |
|
"dishonesty" means the commission of substantive theft, fraud, or | 260 |
|
deceitful acts. | 261 |
| (E) No individual otherwise qualified to receive benefits | 262 |
|
shall lose the right to benefits by reason of a refusal to accept | 263 |
|
new work if: | 264 |
| (1) As a condition of being so employed the individual would | 265 |
|
be required to join a company union, or to resign from or refrain | 266 |
|
from joining any bona fide labor organization, or would be denied | 267 |
|
the right to retain membership in and observe the lawful rules of | 268 |
|
any such organization. | 269 |
| (2) The position offered is vacant due directly to a strike, | 270 |
|
lockout, or other labor dispute. | 271 |
| (3) The work is at an unreasonable distance from the | 272 |
|
individual's residence, having regard to the character of the work | 273 |
|
the individual has been accustomed to do, and travel to the place | 274 |
|
of work involves expenses substantially greater than that required | 275 |
|
for the individual's former work, unless the expense is provided | 276 |
|
for. | 277 |
| (4) The remuneration, hours, or other conditions of the work | 278 |
|
offered are substantially less favorable to the individual than | 279 |
|
those prevailing for similar work in the locality. | 280 |
| (F) Subject to the special exceptions contained in division | 281 |
|
(A)(4)(f) of this section and section 4141.301 of the Revised | 282 |
|
Code, in determining whether any work is suitable for a claimant | 283 |
|
in the administration of this chapter, the director, in addition | 284 |
|
to the determination required under division (E) of this section, | 285 |
|
shall consider the degree of risk to the claimant's health, | 286 |
|
safety, and morals, the individual's physical fitness for the | 287 |
|
work, the individual's prior training and experience, the length | 288 |
|
of the individual's unemployment, the distance of the available | 289 |
|
work from the individual's residence, and the individual's | 290 |
|
prospects for obtaining local work. | 291 |
| (G) The "duration of unemployment" as used in this section | 292 |
|
means the full period of unemployment next ensuing after a | 293 |
|
separation from any base period or subsequent work and until an | 294 |
|
individual has become reemployed in employment subject to this | 295 |
|
chapter, or the unemployment compensation act of another state, or | 296 |
|
of the United States, and until such individual has worked six | 297 |
|
weeks and for those weeks has earned or been paid remuneration | 298 |
|
equal to six times an average weekly wage of not less than: | 299 |
|
eighty-five dollars and ten cents per week beginning on June 26, | 300 |
|
1990; and beginning on and after January 1, 1992, twenty-seven and | 301 |
|
one-half per cent of the statewide average weekly wage as computed | 302 |
|
each first day of January under division (B)(3) of section 4141.30 | 303 |
|
of the Revised Code, rounded down to the nearest dollar, except | 304 |
|
for purposes of division (D)(2)(c) of this section, such term | 305 |
|
means the full period of unemployment next ensuing after a | 306 |
|
separation from such work and until such individual has become | 307 |
|
reemployed subject to the terms set forth above, and has earned | 308 |
|
wages equal to one-half of the individual's average weekly wage or | 309 |
|
sixty dollars, whichever is less. | 310 |
| (H) If a claimant is disqualified under division (D)(2)(a), | 311 |
|
(c), or (d) of this section or found to be qualified under the | 312 |
|
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of | 313 |
this section or, division (A)(2) of section 4141.291 of the | 314 |
|
Revised Code, or section 4141.293 of the Revised Code, then | 315 |
|
benefits that may become payable to such claimant, which are | 316 |
|
chargeable to the account of the employer from whom the individual | 317 |
|
was separated under such conditions, shall be charged to the | 318 |
|
mutualized account provided in section 4141.25 of the Revised | 319 |
|
Code, provided that no charge shall be made to the mutualized | 320 |
|
account for benefits chargeable to a reimbursing employer, except | 321 |
|
as provided in division (D)(2) of section 4141.24 of the Revised | 322 |
|
Code. In the case of a reimbursing employer, the director shall | 323 |
|
refund or credit to the account of the reimbursing employer any | 324 |
|
over-paid benefits that are recovered under division (B) of | 325 |
|
section 4141.35 of the Revised Code. Amounts chargeable to other | 326 |
|
states, the United States, or Canada that are subject to | 327 |
|
agreements and arrangements that are established pursuant to | 328 |
|
section 4141.43 of the Revised Code shall be credited or | 329 |
|
reimbursed according to the agreements and arrangements to which | 330 |
|
the chargeable amounts are subject. | 331 |
| (I)(1) Benefits based on service in employment as provided in | 332 |
|
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code | 333 |
|
shall be payable in the same amount, on the same terms, and | 334 |
|
subject to the same conditions as benefits payable on the basis of | 335 |
|
other service subject to this chapter; except that after December | 336 |
|
31, 1977: | 337 |
| (a) Benefits based on service in an instructional, research, | 338 |
|
or principal administrative capacity in an institution of higher | 339 |
|
education, as defined in division (Y) of section 4141.01 of the | 340 |
|
Revised Code; or for an educational institution as defined in | 341 |
|
division (CC) of section 4141.01 of the Revised Code, shall not be | 342 |
|
paid to any individual for any week of unemployment that begins | 343 |
|
during the period between two successive academic years or terms, | 344 |
|
or during a similar period between two regular but not successive | 345 |
|
terms or during a period of paid sabbatical leave provided for in | 346 |
|
the individual's contract, if the individual performs such | 347 |
|
services in the first of those academic years or terms and has a | 348 |
|
contract or a reasonable assurance that the individual will | 349 |
|
perform services in any such capacity for any such institution in | 350 |
|
the second of those academic years or terms. | 351 |
| (b) Benefits based on service for an educational institution | 352 |
|
or an institution of higher education in other than an | 353 |
|
instructional, research, or principal administrative capacity, | 354 |
|
shall not be paid to any individual for any week of unemployment | 355 |
|
which begins during the period between two successive academic | 356 |
|
years or terms of the employing educational institution or | 357 |
|
institution of higher education, provided the individual performed | 358 |
|
those services for the educational institution or institution of | 359 |
|
higher education during the first such academic year or term and, | 360 |
|
there is a reasonable assurance that such individual will perform | 361 |
|
those services for any educational institution or institution of | 362 |
|
higher education in the second of such academic years or terms. | 363 |
| If compensation is denied to any individual for any week | 364 |
|
under division (I)(1)(b) of this section and the individual was | 365 |
|
not offered an opportunity to perform those services for an | 366 |
|
institution of higher education or for an educational institution | 367 |
|
for the second of such academic years or terms, the individual is | 368 |
|
entitled to a retroactive payment of compensation for each week | 369 |
|
for which the individual timely filed a claim for compensation and | 370 |
|
for which compensation was denied solely by reason of division | 371 |
|
(I)(1)(b) of this section. An application for retroactive benefits | 372 |
|
shall be timely filed if received by the director or the | 373 |
|
director's deputy within or prior to the end of the fourth full | 374 |
|
calendar week after the end of the period for which benefits were | 375 |
|
denied because of reasonable assurance of employment. The | 376 |
|
provision for the payment of retroactive benefits under division | 377 |
|
(I)(1)(b) of this section is applicable to weeks of unemployment | 378 |
|
beginning on and after November 18, 1983. The provisions under | 379 |
|
division (I)(1)(b) of this section shall be retroactive to | 380 |
|
September 5, 1982, only if, as a condition for full tax credit | 381 |
|
against the tax imposed by the "Federal Unemployment Tax Act," 53 | 382 |
|
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States | 383 |
|
secretary of labor determines that retroactivity is required by | 384 |
|
federal law. | 385 |
| (c) With respect to weeks of unemployment beginning after | 386 |
|
December 31, 1977, benefits shall be denied to any individual for | 387 |
|
any week which commences during an established and customary | 388 |
|
vacation period or holiday recess, if the individual performs any | 389 |
|
services described in divisions (I)(1)(a) and (b) of this section | 390 |
|
in the period immediately before the vacation period or holiday | 391 |
|
recess, and there is a reasonable assurance that the individual | 392 |
|
will perform any such services in the period immediately following | 393 |
|
the vacation period or holiday recess. | 394 |
| (d) With respect to any services described in division | 395 |
|
(I)(1)(a), (b), or (c) of this section, benefits payable on the | 396 |
|
basis of services in any such capacity shall be denied as | 397 |
|
specified in division (I)(1)(a), (b), or (c) of this section to | 398 |
|
any individual who performs such services in an educational | 399 |
|
institution or institution of higher education while in the employ | 400 |
|
of an educational service agency. For this purpose, the term | 401 |
|
"educational service agency" means a governmental agency or | 402 |
|
governmental entity that is established and operated exclusively | 403 |
|
for the purpose of providing services to one or more educational | 404 |
|
institutions or one or more institutions of higher education. | 405 |
| (e) Any individual employed by a public school district or a | 406 |
|
county board of developmental disabilities shall be notified by | 407 |
|
the thirtieth day of April each year if the individual is not to | 408 |
|
be reemployed the following academic year. | 409 |
| (2) No disqualification will be imposed, between academic | 410 |
|
years or terms or during a vacation period or holiday recess under | 411 |
|
this division, unless the director or the director's deputy has | 412 |
|
received a statement in writing from the educational institution | 413 |
|
or institution of higher education that the claimant has a | 414 |
|
contract for, or a reasonable assurance of, reemployment for the | 415 |
|
ensuing academic year or term. | 416 |
| (3) If an individual has employment with an educational | 417 |
|
institution or an institution of higher education and employment | 418 |
|
with a noneducational employer, during the base period of the | 419 |
|
individual's benefit year, then the individual may become eligible | 420 |
|
for benefits during the between-term, or vacation or holiday | 421 |
|
recess, disqualification period, based on employment performed for | 422 |
|
the noneducational employer, provided that the employment is | 423 |
|
sufficient to qualify the individual for benefit rights separately | 424 |
|
from the benefit rights based on school employment. The weekly | 425 |
|
benefit amount and maximum benefits payable during a | 426 |
|
disqualification period shall be computed based solely on the | 427 |
|
nonschool employment. | 428 |
| (J) Benefits shall not be paid on the basis of employment | 429 |
|
performed by an alien, unless the alien had been lawfully admitted | 430 |
|
to the United States for permanent residence at the time the | 431 |
|
services were performed, was lawfully present for purposes of | 432 |
|
performing the services, or was otherwise permanently residing in | 433 |
|
the United States under color of law at the time the services were | 434 |
|
performed, under section 212(d)(5) of the "Immigration and | 435 |
|
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: | 436 |
| (1) Any data or information required of individuals applying | 437 |
|
for benefits to determine whether benefits are not payable to them | 438 |
|
because of their alien status shall be uniformly required from all | 439 |
|
applicants for benefits. | 440 |
| (2) In the case of an individual whose application for | 441 |
|
benefits would otherwise be approved, no determination that | 442 |
|
benefits to the individual are not payable because of the | 443 |
|
individual's alien status shall be made except upon a | 444 |
|
preponderance of the evidence that the individual had not, in | 445 |
|
fact, been lawfully admitted to the United States. | 446 |
| (K) The director shall establish and utilize a system of | 447 |
|
profiling all new claimants under this chapter that: | 448 |
| (1) Identifies which claimants will be likely to exhaust | 449 |
|
regular compensation and will need job search assistance services | 450 |
|
to make a successful transition to new employment; | 451 |
| (2) Refers claimants identified pursuant to division (K)(1) | 452 |
|
of this section to reemployment services, such as job search | 453 |
|
assistance services, available under any state or federal law; | 454 |
| (3) Collects follow-up information relating to the services | 455 |
|
received by such claimants and the employment outcomes for such | 456 |
|
claimant's subsequent to receiving such services and utilizes such | 457 |
|
information in making identifications pursuant to division (K)(1) | 458 |
|
of this section; and | 459 |
| (4) Meets such other requirements as the United States | 460 |
|
secretary of labor determines are appropriate. | 461 |
| Sec. 4141.293. (A) As used in this section: | 462 |
| (1) "Compelling family circumstances" means any of the | 463 |
|
following: | 464 |
| (a) The claimant was separated from employment with the | 465 |
|
claimant's employer because of the claimant's illness or | 466 |
|
disability and, based upon available information, the director of | 467 |
|
job and family services finds that it was medically necessary for | 468 |
|
the claimant to stop working or change occupations. | 469 |
| (b) The claimant was separated from work due to an immediate | 470 |
|
family member's illness or disability. | 471 |
| (c) The claimant's spouse was transferred or employed in | 472 |
|
another city or state, the family is required to move to the | 473 |
|
location of that job, the location is outside the commuting | 474 |
|
distance of the claimant's previous employment, and the claimant | 475 |
|
separates from employment in order to move to the new location | 476 |
|
with the claimant's spouse. | 477 |
| (2) "Disability" means a verified disability that | 478 |
|
necessitates the care of the disabled person for a period of time | 479 |
|
that exceeds the amount of time an employer will provide paid or | 480 |
|
unpaid leave. "Disability" includes mental and physical | 481 |
|
disabilities, permanent and temporary disabilities, and partial | 482 |
|
and total disabilities. | 483 |
| (3) "Immediate family member" means a claimant's spouse, | 484 |
|
parent, or child under the age of eighteen. | 485 |
| (4) "Illness" means a verified illness that necessitates the | 486 |
|
care of the ill person for a period of time that exceeds the | 487 |
|
amount of time an employer will provide paid or unpaid leave. | 488 |
| (B)(1) Notwithstanding section 4141.29 of the Revised Code, a | 489 |
|
claimant is eligible for waiting week credit and for unemployment | 490 |
|
compensation benefits if the director finds that the claimant has | 491 |
|
left work voluntarily or has been discharged because of | 492 |
|
circumstances directly resulting from domestic abuse and any of | 493 |
|
the following applies: | 494 |
| (a) The claimant reasonably fears future domestic abuse at or | 495 |
|
en route to the workplace. | 496 |
| (b) The claimant needs to relocate to avoid future domestic | 497 |
|
abuse. | 498 |
| (c) The claimant reasonably believes that leaving work is | 499 |
|
necessary for the safety of the claimant or the claimant's family. | 500 |
| (2) When determining if a claimant has experienced domestic | 501 |
|
abuse for the purpose of receiving unemployment compensation | 502 |
|
benefits, the director shall require the claimant to provide | 503 |
|
documentation of domestic abuse that may include police or court | 504 |
|
records or other documentation of abuse from a shelter worker, | 505 |
|
attorney, member of the clergy, or medical or other professional | 506 |
|
from whom the claimant has sought assistance. | 507 |
| (3) The director shall keep confidential any documentation or | 508 |
|
evidence of domestic abuse acquired by the director pursuant to | 509 |
|
this section unless the claimant gives written consent for | 510 |
|
disclosure. | 511 |
| (C) Notwithstanding section 4141.29 of the Revised Code, an | 512 |
|
individual is eligible for waiting week credit and for | 513 |
|
unemployment compensation benefits if the director determines that | 514 |
|
the claimant was separated from employment due to compelling | 515 |
|
family circumstances. | 516 |
| Sec. 4141.302. (A) As used in this section: | 517 |
| (1) "Extended benefits" and "regular benefits" have the same | 518 |
|
meanings as in section 4141.301 of the Revised Code. | 519 |
| (2) "Other unemployment benefits" means regular benefits, | 520 |
|
extended benefits, and any unemployment benefits funded solely by | 521 |
|
the federal government. | 522 |
| (3) "Similar stipend" means an amount provided under a | 523 |
|
program with similar aims, such as providing training to increase | 524 |
|
employability, and in approximately the same amounts. | 525 |
| (B) An individual who has exhausted all other unemployment | 526 |
|
benefits for which the individual has been determined eligible | 527 |
|
shall continue to be eligible for up to twenty-six additional | 528 |
|
weeks of unemployment benefits if the director of job and family | 529 |
|
services determines that the individual satisfies all of the | 530 |
|
following criteria: | 531 |
| (1) The individual was involuntarily separated from | 532 |
|
employment because of a permanent reduction of operations at the | 533 |
|
individual's place of employment or is unemployed because of a | 534 |
|
separation from a declining occupation. | 535 |
| (2) The individual is enrolled and making satisfactory | 536 |
|
progress in a training program that the director approves for the | 537 |
|
individual or a training program authorized under the "Workforce | 538 |
|
Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801 et seq., as | 539 |
|
amended. | 540 |
| (3) The individual is receiving training that is preparing | 541 |
|
the individual for entry into a high-demand occupation. | 542 |
| (4) The individual is not receiving similar stipends or other | 543 |
|
training allowances for nontraining costs. | 544 |
| (C) To be eligible for training extension benefits under this | 545 |
|
section, an individual shall be enrolled in the qualifying | 546 |
|
training no later than the end of the benefit year established | 547 |
|
with respect to the separation that makes the individual eligible | 548 |
|
for the training extension benefit. The director shall notify each | 549 |
|
claimant of this enrollment requirement at the time the director | 550 |
|
issues the claimant's initial determination of benefit rights | 551 |
|
under section 4141.28 of the Revised Code. | 552 |
| (D) The weekly benefit payable to an individual under this | 553 |
|
section shall be equal to the amount of unemployment benefits for | 554 |
|
which the individual has been determined eligible under section | 555 |
|
4141.30 of the Revised Code, less any reductions made under | 556 |
|
section 4141.31 of the Revised Code. | 557 |
| (E) If an individual begins to receive training extension | 558 |
|
benefits under this section while enrolled in a training program | 559 |
|
described in division (B) of this section during a benefit year, | 560 |
|
that individual shall continue to receive the training extension | 561 |
|
benefits so long as the individual continues to make satisfactory | 562 |
|
progress in the training program. However, training extension | 563 |
|
benefits shall not exceed twenty-six times the individual's weekly | 564 |
|
benefit amount for the most recent benefit year as determined | 565 |
|
under section 4141.30 of the Revised Code. | 566 |
| (F) The director shall charge any training extension benefits | 567 |
|
paid under this section to the mutualized account created in | 568 |
|
section 4141.25 of the Revised Code and shall not charge an | 569 |
|
employer's account for any training extension benefits paid to a | 570 |
|
claimant. | 571 |
| Section 2. That existing section 4141.29 of the Revised Code | 572 |
|
is hereby repealed. | 573 |
| Section 3. (A) There is hereby created the Unemployment | 574 |
|
Modernization Review Task Force. The Task Force shall study the | 575 |
|
amendments to section 4141.29 of the Revised Code by this act, and | 576 |
|
the enactment of sections 4141.293 and 4141.302 of the Revised | 577 |
|
Code by this act, as those amendments and enactments relate to | 578 |
|
unemployment modernization provisions of the "American Recovery | 579 |
|
and Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, | 580 |
|
as amended. | 581 |
| (B) The Task Force shall consist of the legislative members | 582 |
|
of the Unemployment Compensation Advisory Council and the | 583 |
|
following two additional members: | 584 |
| (1) A member of the Senate, appointed by the President of the | 585 |
|
Senate, who is a member of the minority party; | 586 |
| (2) A member of the House of Representatives, appointed by | 587 |
|
the Speaker of the House of Representatives, who is a member of | 588 |
|
the minority party. | 589 |
| Each member of the Task Force shall hold office during the | 590 |
|
General Assembly in which the member is appointed and until a | 591 |
|
successor has been appointed, notwithstanding the adjournment sine | 592 |
|
die of the General Assembly in which the member was appointed or | 593 |
|
the expiration of the member's term as a member of the General | 594 |
|
Assembly. Any vacancies occurring among the members of the Task | 595 |
|
Force shall be filled in the manner of the original appointment. | 596 |
| (C) The President of the Senate and the Speaker of the House | 597 |
|
of Representatives shall appoint the members of the Task Force | 598 |
|
described in divisions (B)(1) and (2) of this section within | 599 |
|
thirty days after the effective date of this section. | 600 |
| (D) The Task Force shall submit a report to the Governor, the | 601 |
|
Speaker and Minority Leader of the House of Representatives, and | 602 |
|
the President and Minority Leader of the Senate not later than | 603 |
|
December 31, 2012. The report shall include the effects of the | 604 |
|
legislation described in division (A) of this section. | 605 |
