Full Text of HB2561 101st General Assembly
HB2561 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2561 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED: |
|
820 ILCS 405/612 | from Ch. 48, par. 442 |
|
Amends the Unemployment Insurance Act. In the case of a college or university meeting certain criteria, for services performed in an instructional, research, or principal administrative capacity, provides that a person is presumed not to have reasonable assurance of employment under an offer that is conditioned on enrollment, funding, or program changes. Provides that: it is the employer's burden to provide sufficient documentation to overcome the presumption; reasonable assurance must be determined on a case-by-case basis by the total weight of the evidence rather than the existence of any one factor; and primary weight must be given to the contingent nature of an offer of employment based on enrollment, funding, and program changes. Provides that a letter from an employer to an employee that makes employment conditional is not prima facie evidence of reasonable assurance to be used to deny a claim for unemployment insurance.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB2561 | | LRB101 10990 JLS 56174 b |
|
| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unemployment Insurance Act is amended by | 5 | | changing Section 612 as follows:
| 6 | | (820 ILCS 405/612) (from Ch. 48, par. 442)
| 7 | | Sec. 612.
Academic Personnel - Ineligibility between | 8 | | academic years or
terms.
| 9 | | A. Benefits based on wages for services which are | 10 | | employment under the
provisions
of Sections 211.1, 211.2, and | 11 | | 302C shall be payable in the same amount,
on the same terms, | 12 | | and subject to the same conditions as benefits payable
on the | 13 | | basis of wages for other services which are employment under | 14 | | this
Act; except that:
| 15 | | 1. An individual shall be ineligible for
benefits, on | 16 | | the basis of wages for employment in an instructional, | 17 | | research,
or principal administrative capacity performed | 18 | | for an institution of higher
education, for any week which | 19 | | begins during the period between two successive
academic | 20 | | years, or during a similar period between two regular | 21 | | terms, whether
or not successive, or during a period of | 22 | | paid sabbatical leave provided
for in the individual's | 23 | | contract, if the individual has a
contract or contracts to |
| | | HB2561 | - 2 - | LRB101 10990 JLS 56174 b |
|
| 1 | | perform services in any such capacity for any
institution
| 2 | | or institutions of higher education for both such academic | 3 | | years or both such
terms.
| 4 | | This paragraph 1 shall apply with respect to any week | 5 | | which begins prior
to January 1, 1978.
| 6 | | 2. An individual shall be ineligible for benefits, on | 7 | | the basis of wages
for service in employment in any | 8 | | capacity other than those referred to in
paragraph 1, | 9 | | performed for an institution of higher learning, for
any | 10 | | week which begins after September 30, 1983, during a period | 11 | | between
two successive academic years or terms, if the | 12 | | individual performed such
service in the first of such | 13 | | academic years or terms and there is a reasonable
assurance
| 14 | | that the individual will perform such service in the second | 15 | | of such academic
years or terms.
| 16 | | 3. An individual shall be ineligible for benefits, on | 17 | | the basis of
wages for service in employment in any | 18 | | capacity other than those referred
to in paragraph 1, | 19 | | performed for an institution of higher education, for
any | 20 | | week which begins after January 5, 1985, during an | 21 | | established and
customary vacation period or holiday | 22 | | recess, if the individual performed
such service in the | 23 | | period immediately before such vacation period or
holiday | 24 | | recess and there is a reasonable assurance that the | 25 | | individual will
perform such service in the period | 26 | | immediately following such vacation
period or holiday |
| | | HB2561 | - 3 - | LRB101 10990 JLS 56174 b |
|
| 1 | | recess.
| 2 | | B. Benefits based on wages for services which are | 3 | | employment under the
provisions of Sections 211.1 and 211.2 | 4 | | shall be payable in the same amount,
on the same terms, and | 5 | | subject to the same conditions, as benefits payable
on the | 6 | | basis
of wages for other services which are employment under | 7 | | this Act, except that:
| 8 | | 1. An individual shall be ineligible for benefits, on | 9 | | the basis of wages
for service in employment
in an | 10 | | instructional, research, or principal administrative | 11 | | capacity performed
for an educational institution, for any | 12 | | week which begins after December
31, 1977, during a period | 13 | | between two successive academic years, or during
a similar | 14 | | period between two regular terms, whether or not | 15 | | successive, or
during a period of paid sabbatical leave | 16 | | provided for in the individual's
contract, if the | 17 | | individual performed such service in the first of such
| 18 | | academic years (or terms) and if there is a contract or a | 19 | | reasonable assurance
that the individual will perform | 20 | | service in any such capacity for any
educational
| 21 | | institution in the second of such academic years (or | 22 | | terms).
| 23 | | 2. An individual shall be ineligible for benefits, on | 24 | | the basis of wages
for service in employment in any | 25 | | capacity other than those referred to in
paragraph 1, | 26 | | performed for an educational institution,
for any week |
| | | HB2561 | - 4 - | LRB101 10990 JLS 56174 b |
|
| 1 | | which
begins after December 31, 1977, during a period | 2 | | between two successive academic
years or terms, if the | 3 | | individual performed such service in the first of
such | 4 | | academic years or terms and there is a reasonable assurance | 5 | | that the
individual will perform such service in the second | 6 | | of such academic years or
terms.
| 7 | | 3. An individual shall be ineligible for benefits, on | 8 | | the basis of
wages for service in employment in any | 9 | | capacity performed for an
educational institution, for any | 10 | | week which begins after January 5, 1985,
during an | 11 | | established and customary vacation period or holiday | 12 | | recess, if
the individual performed such service in the | 13 | | period immediately before such
vacation period or holiday | 14 | | recess and there is a reasonable assurance that
the | 15 | | individual will perform such service in the period | 16 | | immediately
following such vacation period or holiday | 17 | | recess.
| 18 | | 4. An individual shall be ineligible for benefits on | 19 | | the basis of wages
for service in employment in any | 20 | | capacity performed in an educational
institution while in | 21 | | the employ of an educational service agency
for any week | 22 | | which begins after January 5, 1985, (a) during a period
| 23 | | between two successive academic years or terms, if the | 24 | | individual performed
such service in the first of such | 25 | | academic years or terms and there is
a reasonable assurance | 26 | | that the individual will perform such service in
the second |
| | | HB2561 | - 5 - | LRB101 10990 JLS 56174 b |
|
| 1 | | of such academic years or terms; and (b) during an | 2 | | established
and customary vacation period or holiday | 3 | | recess, if the individual performed
such service in the | 4 | | period immediately before such vacation period or holiday
| 5 | | recess and there is a reasonable assurance that the | 6 | | individual will perform
such service in the period | 7 | | immediately following such vacation period or
holiday | 8 | | recess.
The term "educational service agency" means a | 9 | | governmental agency or
governmental
entity which is | 10 | | established and operated exclusively for the purpose of
| 11 | | providing such services to one or more educational | 12 | | institutions.
| 13 | | C. 1. If benefits are denied to any individual under the | 14 | | provisions of
paragraph
2 of either subsection A or B of this | 15 | | Section for any week which begins
on or after September 3, 1982 | 16 | | and such individual is not offered a bona
fide opportunity to | 17 | | perform such services for the educational institution
for the | 18 | | second of such academic years or terms, such individual shall | 19 | | be
entitled to a retroactive payment of benefits for each week | 20 | | for which the
individual filed a timely claim for benefits as | 21 | | determined by the rules
and regulations issued by the Director | 22 | | for the filing of claims for benefits,
provided that such | 23 | | benefits were denied solely because of the provisions
of | 24 | | paragraph 2 of either subsection A or B of this Section.
| 25 | | 2. If benefits on the basis of wages for service in | 26 | | employment in
other than an instructional, research, or |
| | | HB2561 | - 6 - | LRB101 10990 JLS 56174 b |
|
| 1 | | principal administrative capacity
performed in an educational | 2 | | institution while in the employ of an
educational service | 3 | | agency are denied to any individual under the
provisions of | 4 | | subparagraph (a) of paragraph 4 of subsection B and such
| 5 | | individual is not offered a bona fide opportunity to perform | 6 | | such services
in an educational institution while in the employ | 7 | | of an educational service
agency for the second of such | 8 | | academic years or terms, such individual
shall be entitled to a | 9 | | retroactive payment of benefits for each week for
which the | 10 | | individual filed a timely claim for benefits as determined by | 11 | | the
rules and regulations issued by the Director for the filing | 12 | | of claims for
benefits, provided that such benefits were denied | 13 | | solely because
of subparagraph (a) of paragraph 4 of subsection | 14 | | B of this Section.
| 15 | | In the case of colleges or universities assigned the North | 16 | | American Industry Classification code 611310 or 611210, for | 17 | | services performed in an instructional, research, or principal | 18 | | administrative capacity, a person is presumed not to have | 19 | | reasonable assurance of employment under an offer that is | 20 | | conditioned on enrollment, funding, or program changes. It is | 21 | | the employer's burden to provide sufficient documentation to | 22 | | overcome this presumption. Reasonable assurance must be | 23 | | determined on a case-by-case basis by the total weight of the | 24 | | evidence rather than the existence of any one factor. Primary | 25 | | weight must be given to the contingent nature of an offer of | 26 | | employment based on enrollment, funding, and program changes. |
| | | HB2561 | - 7 - | LRB101 10990 JLS 56174 b |
|
| 1 | | In an unemployment insurance proceeding, a written letter from | 2 | | an employer to an employee that makes employment conditional is | 3 | | not prima facie evidence of reasonable assurance to be used to | 4 | | deny a claim for unemployment insurance. | 5 | | (Source: P.A. 87-1178.)
|
|