HB5052 97TH GENERAL ASSEMBLY

LRB097 17478 WGH 62681 b

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.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unemployment Insurance Act is amended by changing Section 602 as follows:

(820 ILCS 405/602) (from Ch. 48, par. 432)

Sec. 602. Discharge for misconduct - Felony. A. An individual shall be ineligible for benefits for the week in which he has been discharged for misconduct connected with his work and, thereafter, until he has become reemployed and has had earnings equal to or in excess of his current weekly benefit amount in each of four calendar weeks which are either for services in employment, or have been or will be reported pursuant to the provisions of the Federal Insurance Contributions Act by each employing unit for which such services are performed and which submits a statement certifying to that fact. The requalification requirements of the preceding sentence shall be deemed to have been satisfied, as of the date of reinstatement, if, subsequent to his discharge by an employing unit for misconduct connected with his work, such individual is reinstated by such employing unit. For purposes of this subsection, the term "misconduct" means the knowing deliberate and willful violation of a reasonable rule or policy of the employing unit, governing the individual's behavior in performance of his work, provided such violation has harmed the employing unit or another employee or other employees or has been repeated by the individual despite a warning or other explicit instruction from the employing unit. A violation is knowing when an individual acts deliberately to violate the rule or policy, when an individual is consciously aware that his or her conduct will violate the rule or policy, or when an individual is consciously aware that his or her conduct is practically certain to violate the rule or policy.

B. Notwithstanding any other provision of this Act, no benefit rights shall accrue to any individual based upon wages from any employer for service rendered prior to the day upon which such individual was discharged because of the commission of a felony in connection with his work, or because of theft in connection with his work, for which the employer was in no way responsible; provided, that the employer notified the Director of such possible ineligibility within the time limits specified by regulations of the Director, and that the individual has admitted his commission of the felony or theft to a representative of the Director, or has signed a written admission of such act and such written admission has been presented to a representative of the Director, or such act has resulted in a conviction or order of supervision by a court of competent jurisdiction; and provided further, that if by reason of such act, he is in legal custody, held on bail or is a fugitive from justice, the determination of his benefit rights shall be held in abeyance pending the result of any legal proceedings arising therefrom.

(Source: P.A. 85-956.)