97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5052

 

Introduced 2/7/2012, by Rep. David R. Leitch

 

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

    Amends provisions of the Unemployment Insurance Act regarding ineligibility for benefits because of a discharge for misconduct by changing the elements of the definition of "misconduct" as follows: by requiring that a violation constituting misconduct be knowing (rather than deliberate and willful); by providing that a violation of a reasonable rule or policy has harmed the employing unit or another employee or other employees (rather than the employing unit or other employees); and by providing that a violation is knowing when an individual acts deliberately to violate the rule or policy, is consciously aware that his or her conduct will violate the rule or policy, or is consciously aware that his or her conduct is practically certain to violate the rule or policy.


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A BILL FOR

 

HB5052LRB097 17478 WGH 62681 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 knowing
23deliberate and willful violation of a reasonable rule or policy

 

 

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1of the employing unit, governing the individual's behavior in
2performance of his work, provided such violation has harmed the
3employing unit or another employee or other employees or has
4been repeated by the individual despite a warning or other
5explicit instruction from the employing unit. A violation is
6knowing when an individual acts deliberately to violate the
7rule or policy, when an individual is consciously aware that
8his or her conduct will violate the rule or policy, or when an
9individual is consciously aware that his or her conduct is
10practically certain to violate the rule or policy.
11    B. Notwithstanding any other provision of this Act, no
12benefit rights shall accrue to any individual based upon wages
13from any employer for service rendered prior to the day upon
14which such individual was discharged because of the commission
15of a felony in connection with his work, or because of theft in
16connection with his work, for which the employer was in no way
17responsible; provided, that the employer notified the Director
18of such possible ineligibility within the time limits specified
19by regulations of the Director, and that the individual has
20admitted his commission of the felony or theft to a
21representative of the Director, or has signed a written
22admission of such act and such written admission has been
23presented to a representative of the Director, or such act has
24resulted in a conviction or order of supervision by a court of
25competent jurisdiction; and provided further, that if by reason
26of such act, he is in legal custody, held on bail or is a

 

 

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1fugitive from justice, the determination of his benefit rights
2shall be held in abeyance pending the result of any legal
3proceedings arising therefrom.
4(Source: P.A. 85-956.)