Bill Text: IL SB3611 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Unemployment Insurance Act. Provides that misconduct need not be deliberate and willful when there is a violation of an employer's reasonable rule or policy, in a provision determining eligibility for benefits after a discharge for misconduct. Makes a change concerning the nature of an employer's warning or instruction in regards to repeated misconduct.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3611 Detail]

Download: Illinois-2011-SB3611-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3611 Introduced 2/10/2012, by Sen. Larry K. Bomke SYNOPSIS AS INTRODUCED:
820 ILCS 405/602 from Ch. 48, par. 432
Amends the Unemployment Insurance Act. Provides that misconduct need not be deliberate and willful when there is a violation of an employer's reasonable rule or policy, in a provision determining eligibility for benefits after a discharge for misconduct. Makes a change concerning the nature of an employer's warning or instruction in regards to repeated misconduct.
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A BILL FOR
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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 deliberate
and willful violation of a reasonable rule or policy of the

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employing unit, governing the individual's behavior in
performance of his work, provided such violation has harmed the
employing unit or other employees or has been repeated by the
individual despite a warning or other explicit instruction from
the employing unit.
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.)