Full Text of HB4694 93rd General Assembly
HB4694 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4694
Introduced 02/04/04, by Constance A. Howard SYNOPSIS AS INTRODUCED: |
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820 ILCS 405/601 |
from Ch. 48, par. 431 |
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Amends the Unemployment Insurance Act. Makes a stylistic change in provisions concerning voluntary leaving.
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A BILL FOR
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HB4694 |
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LRB093 19040 WGH 44775 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unemployment Insurance Act is amended by | 5 |
| changing Section 601 as follows: | 6 |
| (820 ILCS 405/601) (from Ch. 48, par. 431)
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| Sec. 601. Voluntary leaving. | 8 |
| A. An individual shall be ineligible for
benefits for the | 9 |
| week in which he or she has left work voluntarily without good
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| cause attributable to the employing unit and, thereafter, until | 11 |
| he has become
reemployed and has had earnings equal to or in | 12 |
| excess of his current weekly
benefit amount in each of four | 13 |
| calendar weeks which are either for services
in employment, or | 14 |
| have been or will be reported pursuant to the provisions
of the | 15 |
| Federal Insurance Contributions Act by each employing unit for | 16 |
| which
such services are performed and which submits a statement | 17 |
| certifying to that fact.
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| B. The provisions of this Section shall not apply to an | 19 |
| individual
who has left work voluntarily:
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| 1. Because he is deemed physically unable to perform | 21 |
| his work by a licensed
and practicing physician, or has | 22 |
| left work voluntarily upon the advice of
a licensed and | 23 |
| practicing physician that assistance is necessary for the
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| purpose of caring for his spouse, child, or parent who is | 25 |
| in poor physical
health and such assistance will not allow | 26 |
| him to perform the usual and customary
duties of his | 27 |
| employment, and he has notified the employing unit of the
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| reasons for his absence;
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| 2. To accept other bona fide work and, after such | 30 |
| acceptance, the individual
is either not unemployed in each | 31 |
| of 2 weeks, or earns remuneration for such
work equal to at | 32 |
| least twice his current weekly benefit amount;
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HB4694 |
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LRB093 19040 WGH 44775 b |
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| 3. In lieu of accepting a transfer to other work | 2 |
| offered to the individual
by the employing unit under the | 3 |
| terms of a collective bargaining agreement
or pursuant to | 4 |
| an established employer plan, program, or policy, if the
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| acceptance of such other work by the individual would | 6 |
| require the separation
from that work of another individual | 7 |
| currently performing it;
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| 4. Solely because of the sexual harassment of the | 9 |
| individual by another
employee. Sexual harassment means | 10 |
| (1) unwelcome sexual advances, requests
for sexual favors, | 11 |
| sexually motivated physical contact or other conduct
or | 12 |
| communication which is made a term or condition of the | 13 |
| employment or
(2) the employee's submission to or rejection | 14 |
| of such conduct or communication
which is the basis for | 15 |
| decisions affecting employment, or (3) when such
conduct or | 16 |
| communication has the purpose or effect of substantially | 17 |
| interfering
with an individual's work performance or | 18 |
| creating an intimidating, hostile,
or offensive working | 19 |
| environment and the employer knows or should know of
the | 20 |
| existence of the harassment and fails to take timely and | 21 |
| appropriate
action;
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| 5. Which he had accepted after separation from other | 23 |
| work, and the work
which he left voluntarily would be | 24 |
| deemed unsuitable under the provisions
of Section 603;
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| 6. (a) Because the individual left work due to | 26 |
| circumstances resulting
from
the individual being a victim | 27 |
| of domestic violence as defined in Section 103 of
the | 28 |
| Illinois Domestic Violence Act of 1986; and provided, such | 29 |
| individual has
made reasonable efforts to preserve the | 30 |
| employment.
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| For the purposes of this paragraph 6, the individual | 32 |
| shall be treated as
being a victim of domestic violence if | 33 |
| the individual provides the following:
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| (i) written notice to the employing unit of the | 35 |
| reason for the
individual's
voluntarily leaving; and
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| (ii) to the Department provides:
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LRB093 19040 WGH 44775 b |
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| (A) an order of protection or other | 2 |
| documentation of equitable relief
issued by a | 3 |
| court of competent jurisdiction; or
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| (B) a police report or criminal charges | 5 |
| documenting the domestic
violence; or
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| (C) medical documentation of the domestic | 7 |
| violence; or
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| (D) evidence of domestic violence from a | 9 |
| counselor, social worker,
health worker or | 10 |
| domestic violence shelter worker.
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| (b) If the individual does not meet the provisions of | 12 |
| subparagraph (a), the
individual shall be held to have | 13 |
| voluntarily terminated employment for the
purpose of | 14 |
| determining the individual's eligibility for benefits | 15 |
| pursuant to
subsection A.
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| (c) Notwithstanding any other provision to the | 17 |
| contrary, evidence of
domestic violence experienced by an | 18 |
| individual, including the individual's
statement and | 19 |
| corroborating evidence, shall not be disclosed by the | 20 |
| Department
unless consent for disclosure is given by the | 21 |
| individual.
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| (Source: P.A. 93-634, eff. 1-1-04.)
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