98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1751
 
Introduced 2/15/2013, by Sen. Kyle McCarter
 
SYNOPSIS AS INTRODUCED:






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

 Amends provisions of the Unemployment Insurance Act concerning ineligibility for benefits after a discharge for misconduct. Provides that "misconduct" means the violation (rather than the deliberate and
willful violation) of a reasonable rule or policy of the employing unit
governing the individual's behavior in performance of his or her work, provided
the violation has harmed the employing unit or other employees or has been
repeated by the individual despite a warning or other instruction (rather than explicit instruction)
from the employing unit.



LRB098 07207 JLS 37268 b


 
 
A BILL FOR
 


SB1751LRB098 07207 JLS 37268 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 
 
 
SB1751- 2 -LRB098 07207 JLS 37268 b


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.)