97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3611

 

Introduced 2/10/2012, by Sen. Larry K. Bomke

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/602  from Ch. 48, par. 432

    Amends the Unemployment Insurance Act. Provides that misconduct need not be deliberate and willful when there is a violation of an employer's reasonable rule or policy, in a provision determining eligibility for benefits after a discharge for misconduct. Makes a change concerning the nature of an employer's warning or instruction in regards to repeated misconduct.


LRB097 20219 JLS 65656 b

 

 

A BILL FOR

 

SB3611LRB097 20219 JLS 65656 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unemployment Insurance Act is amended by
5changing Section 602 as follows:
 
6    (820 ILCS 405/602)  (from Ch. 48, par. 432)
7    Sec. 602. Discharge for misconduct - Felony. A. An
8individual shall be ineligible for benefits for the week in
9which he has been discharged for misconduct connected with his
10work and, thereafter, until he has become reemployed and has
11had earnings equal to or in excess of his current weekly
12benefit amount in each of four calendar weeks which are either
13for services in employment, or have been or will be reported
14pursuant to the provisions of the Federal Insurance
15Contributions Act by each employing unit for which such
16services are performed and which submits a statement certifying
17to that fact. The requalification requirements of the preceding
18sentence shall be deemed to have been satisfied, as of the date
19of reinstatement, if, subsequent to his discharge by an
20employing unit for misconduct connected with his work, such
21individual is reinstated by such employing unit. For purposes
22of this subsection, the term "misconduct" means the deliberate
23and willful violation of a reasonable rule or policy of the

 

 

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1employing unit, governing the individual's behavior in
2performance of his work, provided such violation has harmed the
3employing unit or other employees or has been repeated by the
4individual despite a warning or other explicit instruction from
5the employing unit.
6    B. Notwithstanding any other provision of this Act, no
7benefit rights shall accrue to any individual based upon wages
8from any employer for service rendered prior to the day upon
9which such individual was discharged because of the commission
10of a felony in connection with his work, or because of theft in
11connection with his work, for which the employer was in no way
12responsible; provided, that the employer notified the Director
13of such possible ineligibility within the time limits specified
14by regulations of the Director, and that the individual has
15admitted his commission of the felony or theft to a
16representative of the Director, or has signed a written
17admission of such act and such written admission has been
18presented to a representative of the Director, or such act has
19resulted in a conviction or order of supervision by a court of
20competent jurisdiction; and provided further, that if by reason
21of such act, he is in legal custody, held on bail or is a
22fugitive from justice, the determination of his benefit rights
23shall be held in abeyance pending the result of any legal
24proceedings arising therefrom.
25(Source: P.A. 85-956.)