TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER g: INELIGIBILITY FOR BENEFITS
PART 2920 DISQUALIFYING INCOME AND REDUCED BENEFITS
SECTION 2920.1 DEFINITIONS


 

Section 2920.1  Definitions

 

"Act" means the Unemployment Insurance Act [820 ILCS 405].

 

"Employer" shall have the meaning ascribed in Section 205 of the Act.

 

"Employing unit" shall have the same meaning as provided in Section 204 of the Act.

 

"Full-time work" refers to the number of hours or days a class of workers would work if the employing unit had all the business it could handle without overtime.  Except when the contrary is provided by a collective bargaining agreement or company policy, full time work is customarily 40 hours per week.

 

"Layoff" occurs when work is no longer available for the individual for a definite or indefinite period of time, but there is no intention to permanently sever the employer-employee relationship.

 

"Normal workday" is a day during which work is ordinarily performed at the worker's customary place of employment.

 

"Pay in lieu of vacation" refers to amounts paid to an employee in addition to regular wages whenever the employee works instead of taking the period of vacation to which the individual is entitled.

 

"Residual payments" are amounts paid to a performer for the continued use of radio and television commercials in which he or she performed.

 

"Separation" refers to the situation that exists when an employee has:

 

Voluntarily terminated employment;

 

Been permanently discharged from employment by the employer; or

 

Been indefinitely suspended from employment by the employer on grounds other than lack of work at the place of employment.

 

"Services performed by an individual in self-employment" means those services that would be excluded from covered employment under Section 212 of the Act.

 

"Shutdown for inventory purposes" occurs whenever the employer suspends all or a unit of its operations for an announced period in order to count or to inspect the property in the employer's possession.

 

"Shutdown for vacation purposes" occurs whenever the employer suspends all, or a unit of, its operations for an announced period in order to grant its employees a period of rest and recreation, conduct maintenance or re-tooling operations, or for any reason except lack of business.

 

"Standby pay" refers to amounts paid or payable to an employee either for an employee's readiness to perform services for an employer or amounts paid or payable to an employee for the purpose of maintaining the employer-employee relationship during any work cessation not related to a labor dispute in which the individual is directly involved.

 

"Vacation pay" refers to amounts paid or payable to an employee for the purpose of granting him or her a period of rest and recreation.  The term "vacation pay" includes what is commonly referred to as "personal holiday" pay, "earned bonus hours", and other amounts payable for the purpose of rest and recreation regardless of how they are characterized.

 

"Vacation pay allowance" refers to amounts paid or payable to an employee as vacation pay without regard to the period of vacation leave to which the employee is entitled.  For example, an employee may be entitled to two weeks of vacation leave but be paid an allowance that is greater or less than the wages for two weeks of normal work.  Thus, if any employee was entitled to receive a vacation pay allowance equal to 5% of his or her annual salary of $20,000, the employee's vacation pay allowance would be $1,000.

 

"Wages for less than full time work" refers to every form of remuneration for personal services, including salaries, commissions, bonuses, gratuities received from third parties that are reported as wages under Section 234 of the Act, and the reasonable money value of all remuneration in any medium other than cash received by an individual for less than full time work.

 

"Weekly benefit amount" means the amount defined by Section 401 of the Act.

 

(Source:  Amended at 43 Ill. Reg. 6563, effective May 14, 2019)