Bill Text: OH HB46 | 2009-2010 | 128th General Assembly | Comm Sub

Ohio House Bill 46 (Prior Session Legislation)

Comm Sub

Bill Title: To permit persons who quit work to accompany the person's spouse on a military transfer to be eligible for unemployment compensation benefits.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed - Dead) 2009-12-17 - To Insurance, Commerce, & Labor [HB46 Detail]

Download: Ohio-2009-HB46-Comm_Sub.html

As Reported by the House Veterans Affairs Committee

128th General Assembly

Regular Session

2009-2010

H. B. No. 46

Representative Ujvagi

Cosponsors: Representatives Pryor, Book, Yuko, Combs, Goyal

A BILL

To amend section 4141.29 of the Revised Code to

permit persons who quit work to accompany the

person's spouse on a military transfer to be

eligible for unemployment compensation benefits.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4141.29 of the Revised Code be	5
amended to read as follows:	6

Sec. 4141.29. Each eligible individual shall receive	7
benefits as compensation for loss of remuneration due to	8
involuntary total or partial unemployment in the amounts and	9
subject to the conditions stipulated in this chapter.	10

(A) No individual is entitled to a waiting period or benefits	11
for any week unless the individual:	12

(1) Has filed a valid application for determination of	13
benefit rights in accordance with section 4141.28 of the Revised	14
Code;	15

(2) Has made a claim for benefits in accordance with section	16
4141.28 of the Revised Code;	17

(3) Has registered at an employment office or other	18
registration place maintained or designated by the director of job	19
and family services. Registration shall be made in accordance with	20
the time limits, frequency, and manner prescribed by the director.	21

(4)(a)(i) Is able to work and available for suitable work	22
and, except as provided in division (A)(4)(a)(ii) of this section,	23
is actively seeking suitable work either in a locality in which	24
the individual has earned wages subject to this chapter during the	25
individual's base period, or if the individual leaves that	26
locality, then in a locality where suitable work normally is	27
performed.	28

(ii) The director may waive the requirement that a claimant	29
be actively seeking work when the director finds that the	30
individual has been laid off and the employer who laid the	31
individual off has notified the director within ten days after the	32
layoff, that work is expected to be available for the individual	33
within a specified number of days not to exceed forty-five	34
calendar days following the last day the individual worked. In the	35
event the individual is not recalled within the specified period,	36
this waiver shall cease to be operative with respect to that	37
layoff.	38

(b) The individual shall be instructed as to the efforts that	39
the individual must make in the search for suitable work, except	40
where the active search for work requirement has been waived under	41
division (A)(4)(a) of this section, and shall keep a record of	42
where and when the individual has sought work in complying with	43
those instructions and, upon request, shall produce that record	44
for examination by the director.	45

(c) An individual who is attending a training course approved	46
by the director meets the requirement of this division, if	47
attendance was recommended by the director and the individual is	48
regularly attending the course and is making satisfactory	49
progress. An individual also meets the requirements of this	50
division if the individual is participating and advancing in a	51
training program, as defined in division (P) of section 5709.61 of	52
the Revised Code, and if an enterprise, defined in division (B) of	53
section 5709.61 of the Revised Code, is paying all or part of the	54
cost of the individual's participation in the training program	55
with the intention of hiring the individual for employment as a	56
new employee, as defined in division (L) of section 5709.61 of the	57
Revised Code, for at least ninety days after the individual's	58
completion of the training program.	59

(d) An individual who becomes unemployed while attending a	60
regularly established school and whose base period qualifying	61
weeks were earned in whole or in part while attending that school,	62
meets the availability and active search for work requirements of	63
division (A)(4)(a) of this section if the individual regularly	64
attends the school during weeks with respect to which the	65
individual claims unemployment benefits and makes self available	66
on any shift of hours for suitable employment with the	67
individual's most recent employer or any other employer in the	68
individual's base period, or for any other suitable employment to	69
which the individual is directed, under this chapter.	70

(e) The director shall adopt any rules that the director	71
deems necessary for the administration of division (A)(4) of this	72
section.	73

(f) Notwithstanding any other provisions of this section, no	74
otherwise eligible individual shall be denied benefits for any	75
week because the individual is in training approved under section	76
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	77
2296, nor shall that individual be denied benefits by reason of	78
leaving work to enter such training, provided the work left is not	79
suitable employment, or because of the application to any week in	80
training of provisions in this chapter, or any applicable federal	81
unemployment compensation law, relating to availability for work,	82
active search for work, or refusal to accept work.	83

For the purposes of division (A)(4)(f) of this section,	84
"suitable employment" means with respect to an individual, work of	85
a substantially equal or higher skill level than the individual's	86
past adversely affected employment, as defined for the purposes of	87
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	88
wages for such work at not less than eighty per cent of the	89
individual's average weekly wage as determined for the purposes of	90
that federal act.	91

(5) Is unable to obtain suitable work. An individual who is	92
provided temporary work assignments by the individual's employer	93
under agreed terms and conditions of employment, and who is	94
required pursuant to those terms and conditions to inquire with	95
the individual's employer for available work assignments upon the	96
conclusion of each work assignment, is not considered unable to	97
obtain suitable employment if suitable work assignments are	98
available with the employer but the individual fails to contact	99
the employer to inquire about work assignments.	100

(6) Participates in reemployment services, such as job search	101
assistance services, if the individual has been determined to be	102
likely to exhaust benefits under this chapter, including	103
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	104
extended compensation, and needs reemployment services pursuant to	105
the profiling system established by the director under division	106
(K) of this section, unless the director determines that:	107

(a) The individual has completed such services; or

108

(b) There is justifiable cause for the claimant's failure to	109
participate in such services.	110

(B) An individual suffering total or partial unemployment is	111
eligible for benefits for unemployment occurring subsequent to a	112
waiting period of one week and no benefits shall be payable during	113
this required waiting period. Not more than one week of waiting	114
period shall be required of any individual in any benefit year in	115
order to establish the individual's eligibility for total or	116
partial unemployment benefits.	117

(C) The waiting period for total or partial unemployment	118
shall commence on the first day of the first week with respect to	119
which the individual first files a claim for benefits at an	120
employment office or other place of registration maintained or	121
designated by the director or on the first day of the first week	122
with respect to which the individual has otherwise filed a claim	123
for benefits in accordance with the rules of the department of job	124
and family services, provided such claim is allowed by the	125
director.	126

(D) Notwithstanding division (A) of this section, no	127
individual may serve a waiting period or be paid benefits under	128
the following conditions:	129

(1) For any week with respect to which the director finds	130
that:	131

(a) The individual's unemployment was due to a labor dispute	132
other than a lockout at any factory, establishment, or other	133
premises located in this or any other state and owned or operated	134
by the employer by which the individual is or was last employed;	135
and for so long as the individual's unemployment is due to such	136
labor dispute. No individual shall be disqualified under this	137
provision if either of the following applies:	138

(i) The individual's employment was with such employer at any	139
factory, establishment, or premises located in this state, owned	140
or operated by such employer, other than the factory,	141
establishment, or premises at which the labor dispute exists, if	142
it is shown that the individual is not financing, participating	143
in, or directly interested in such labor dispute;	144

(ii) The individual's employment was with an employer not	145
involved in the labor dispute but whose place of business was	146
located within the same premises as the employer engaged in the	147
dispute, unless the individual's employer is a wholly owned	148
subsidiary of the employer engaged in the dispute, or unless the	149
individual actively participates in or voluntarily stops work	150
because of such dispute. If it is established that the claimant	151
was laid off for an indefinite period and not recalled to work	152
prior to the dispute, or was separated by the employer prior to	153
the dispute for reasons other than the labor dispute, or that the	154
individual obtained a bona fide job with another employer while	155
the dispute was still in progress, such labor dispute shall not	156
render the employee ineligible for benefits.	157

(b) The individual has been given a disciplinary layoff for	158
misconduct in connection with the individual's work.	159

(2) For the duration of the individual's unemployment if the	160
director finds that:	161

(a) The individual quit work without just cause or has been	162
discharged for just cause in connection with the individual's	163
work, provided division (D)(2) of this section does not apply to	164
the separation of a person under any of the following	165
circumstances:	166

(i) Separation from employment for the purpose of entering	167
the armed forces of the United States if the individual is	168
inducted into the armed forces within one of the following	169
periods:	170

(I) Thirty days after separation;

171

(II) One hundred eighty days after separation if the	172
individual's date of induction is delayed solely at the discretion	173
of the armed forces.	174

(ii) Separation from employment pursuant to a	175
labor-management contract or agreement, or pursuant to an	176
established employer plan, program, or policy, which permits the	177
employee, because of lack of work, to accept a separation from	178
employment;	179

(iii) The individual has left employment to accept a recall	180
from a prior employer or, except as provided in division	181
(D)(2)(a)(iv) of this section, to accept other employment as	182
provided under section 4141.291 of the Revised Code, or left or	183
was separated from employment that was concurrent employment at	184
the time of the most recent separation or within six weeks prior	185
to the most recent separation where the remuneration, hours, or	186
other conditions of such concurrent employment were substantially	187
less favorable than the individual's most recent employment and	188
where such employment, if offered as new work, would be considered	189
not suitable under the provisions of divisions (E) and (F) of this	190
section. Any benefits that would otherwise be chargeable to the	191
account of the employer from whom an individual has left	192
employment or was separated from employment that was concurrent	193
employment under conditions described in division (D)(2)(a)(iii)	194
of this section, shall instead be charged to the mutualized	195
account created by division (B) of section 4141.25 of the Revised	196
Code, except that any benefits chargeable to the account of a	197
reimbursing employer under division (D)(2)(a)(iii) of this section	198
shall be charged to the account of the reimbursing employer and	199
not to the mutualized account, except as provided in division	200
(D)(2) of section 4141.24 of the Revised Code.	201

(iv) When an individual has been issued a definite layoff	202
date by the individual's employer and before the layoff date, the	203
individual quits to accept other employment, the provisions of	204
division (D)(2)(a)(iii) of this section apply and no	205
disqualification shall be imposed under division (D) of this	206
section. However, if the individual fails to meet the employment	207
and earnings requirements of division (A)(2) of section 4141.291	208
of the Revised Code, then the individual, pursuant to division	209
(A)(5) of this section, shall be ineligible for benefits for any	210
week of unemployment that occurs prior to the layoff date.	211

(v) The individual's spouse is a member of the armed services	212
of the United States, the spouse is the subject of a military	213
transfer, and the individual left employment to accompany the	214
individual's spouse.	215

(b) The individual has refused without good cause to accept	216
an offer of suitable work when made by an employer either in	217
person or to the individual's last known address, or has refused	218
or failed to investigate a referral to suitable work when directed	219
to do so by a local employment office of this state or another	220
state, provided that this division shall not cause a	221
disqualification for a waiting week or benefits under the	222
following circumstances:	223

(i) When work is offered by the individual's employer and the	224
individual is not required to accept the offer pursuant to the	225
terms of the labor-management contract or agreement; or	226

(ii) When the individual is attending a training course	227
pursuant to division (A)(4) of this section except, in the event	228
of a refusal to accept an offer of suitable work or a refusal or	229
failure to investigate a referral, benefits thereafter paid to	230
such individual shall not be charged to the account of any	231
employer and, except as provided in division (B)(1)(b) of section	232
4141.241 of the Revised Code, shall be charged to the mutualized	233
account as provided in division (B) of section 4141.25 of the	234
Revised Code.	235

(c) Such individual quit work to marry or because of marital,	236
parental, filial, or other domestic obligations.	237

(d) The individual became unemployed by reason of commitment	238
to any correctional institution.	239

(e) The individual became unemployed because of dishonesty in	240
connection with the individual's most recent or any base period	241
work. Remuneration earned in such work shall be excluded from the	242
individual's total base period remuneration and qualifying weeks	243
that otherwise would be credited to the individual for such work	244
in the individual's base period shall not be credited for the	245
purpose of determining the total benefits to which the individual	246
is eligible and the weekly benefit amount to be paid under section	247
4141.30 of the Revised Code. Such excluded remuneration and	248
noncredited qualifying weeks shall be excluded from the	249
calculation of the maximum amount to be charged, under division	250
(D) of section 4141.24 and section 4141.33 of the Revised Code,	251
against the accounts of the individual's base period employers. In	252
addition, no benefits shall thereafter be paid to the individual	253
based upon such excluded remuneration or noncredited qualifying	254
weeks.	255

For purposes of division (D)(2)(e) of this section,	256
"dishonesty" means the commission of substantive theft, fraud, or	257
deceitful acts.	258

(E) No individual otherwise qualified to receive benefits	259
shall lose the right to benefits by reason of a refusal to accept	260
new work if:	261

(1) As a condition of being so employed the individual would	262
be required to join a company union, or to resign from or refrain	263
from joining any bona fide labor organization, or would be denied	264
the right to retain membership in and observe the lawful rules of	265
any such organization.	266

(2) The position offered is vacant due directly to a strike,	267
lockout, or other labor dispute.	268

(3) The work is at an unreasonable distance from the	269
individual's residence, having regard to the character of the work	270
the individual has been accustomed to do, and travel to the place	271
of work involves expenses substantially greater than that required	272
for the individual's former work, unless the expense is provided	273
for.	274

(4) The remuneration, hours, or other conditions of the work	275
offered are substantially less favorable to the individual than	276
those prevailing for similar work in the locality.	277

(F) Subject to the special exceptions contained in division	278
(A)(4)(f) of this section and section 4141.301 of the Revised	279
Code, in determining whether any work is suitable for a claimant	280
in the administration of this chapter, the director, in addition	281
to the determination required under division (E) of this section,	282
shall consider the degree of risk to the claimant's health,	283
safety, and morals, the individual's physical fitness for the	284
work, the individual's prior training and experience, the length	285
of the individual's unemployment, the distance of the available	286
work from the individual's residence, and the individual's	287
prospects for obtaining local work.	288

(G) The "duration of unemployment" as used in this section	289
means the full period of unemployment next ensuing after a	290
separation from any base period or subsequent work and until an	291
individual has become reemployed in employment subject to this	292
chapter, or the unemployment compensation act of another state, or	293
of the United States, and until such individual has worked six	294
weeks and for those weeks has earned or been paid remuneration	295
equal to six times an average weekly wage of not less than:	296
eighty-five dollars and ten cents per week beginning on June 26,	297
1990; and beginning on and after January 1, 1992, twenty-seven and	298
one-half per cent of the statewide average weekly wage as computed	299
each first day of January under division (B)(3) of section 4141.30	300
of the Revised Code, rounded down to the nearest dollar, except	301
for purposes of division (D)(2)(c) of this section, such term	302
means the full period of unemployment next ensuing after a	303
separation from such work and until such individual has become	304
reemployed subject to the terms set forth above, and has earned	305
wages equal to one-half of the individual's average weekly wage or	306
sixty dollars, whichever is less.	307

(H) If a claimant is disqualified under division (D)(2)(a),	308
(c), or (d) of this section or found to be qualified under the	309
exceptions provided in division (D)(2)(a)(i), (iii), or (iv), or	310
(v) of this section or division (A)(2) of section 4141.291 of the	311
Revised Code, then benefits that may become payable to such	312
claimant, which are chargeable to the account of the employer from	313
whom the individual was separated under such conditions, shall be	314
charged to the mutualized account provided in section 4141.25 of	315
the Revised Code, provided that no charge shall be made to the	316
mutualized account for benefits chargeable to a reimbursing	317
employer, except as provided in division (D)(2) of section 4141.24	318
of the Revised Code. In the case of a reimbursing employer, the	319
director shall refund or credit to the account of the reimbursing	320
employer any over-paid benefits that are recovered under division	321
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	322
other states, the United States, or Canada that are subject to	323
agreements and arrangements that are established pursuant to	324
section 4141.43 of the Revised Code shall be credited or	325
reimbursed according to the agreements and arrangements to which	326
the chargeable amounts are subject.	327

(I)(1) Benefits based on service in employment as provided in	328
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	329
shall be payable in the same amount, on the same terms, and	330
subject to the same conditions as benefits payable on the basis of	331
other service subject to this chapter; except that after December	332
31, 1977:	333

(a) Benefits based on service in an instructional, research,	334
or principal administrative capacity in an institution of higher	335
education, as defined in division (Y) of section 4141.01 of the	336
Revised Code; or for an educational institution as defined in	337
division (CC) of section 4141.01 of the Revised Code, shall not be	338
paid to any individual for any week of unemployment that begins	339
during the period between two successive academic years or terms,	340
or during a similar period between two regular but not successive	341
terms or during a period of paid sabbatical leave provided for in	342
the individual's contract, if the individual performs such	343
services in the first of those academic years or terms and has a	344
contract or a reasonable assurance that the individual will	345
perform services in any such capacity for any such institution in	346
the second of those academic years or terms.	347

(b) Benefits based on service for an educational institution	348
or an institution of higher education in other than an	349
instructional, research, or principal administrative capacity,	350
shall not be paid to any individual for any week of unemployment	351
which begins during the period between two successive academic	352
years or terms of the employing educational institution or	353
institution of higher education, provided the individual performed	354
those services for the educational institution or institution of	355
higher education during the first such academic year or term and,	356
there is a reasonable assurance that such individual will perform	357
those services for any educational institution or institution of	358
higher education in the second of such academic years or terms.	359

If compensation is denied to any individual for any week	360
under division (I)(1)(b) of this section and the individual was	361
not offered an opportunity to perform those services for an	362
institution of higher education or for an educational institution	363
for the second of such academic years or terms, the individual is	364
entitled to a retroactive payment of compensation for each week	365
for which the individual timely filed a claim for compensation and	366
for which compensation was denied solely by reason of division	367
(I)(1)(b) of this section. An application for retroactive benefits	368
shall be timely filed if received by the director or the	369
director's deputy within or prior to the end of the fourth full	370
calendar week after the end of the period for which benefits were	371
denied because of reasonable assurance of employment. The	372
provision for the payment of retroactive benefits under division	373
(I)(1)(b) of this section is applicable to weeks of unemployment	374
beginning on and after November 18, 1983. The provisions under	375
division (I)(1)(b) of this section shall be retroactive to	376
September 5, 1982, only if, as a condition for full tax credit	377
against the tax imposed by the "Federal Unemployment Tax Act," 53	378
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	379
secretary of labor determines that retroactivity is required by	380
federal law.	381

(c) With respect to weeks of unemployment beginning after	382
December 31, 1977, benefits shall be denied to any individual for	383
any week which commences during an established and customary	384
vacation period or holiday recess, if the individual performs any	385
services described in divisions (I)(1)(a) and (b) of this section	386
in the period immediately before the vacation period or holiday	387
recess, and there is a reasonable assurance that the individual	388
will perform any such services in the period immediately following	389
the vacation period or holiday recess.	390

(d) With respect to any services described in division	391
(I)(1)(a), (b), or (c) of this section, benefits payable on the	392
basis of services in any such capacity shall be denied as	393
specified in division (I)(1)(a), (b), or (c) of this section to	394
any individual who performs such services in an educational	395
institution or institution of higher education while in the employ	396
of an educational service agency. For this purpose, the term	397
"educational service agency" means a governmental agency or	398
governmental entity that is established and operated exclusively	399
for the purpose of providing services to one or more educational	400
institutions or one or more institutions of higher education.	401

(e) Any individual employed by a public school district or a	402
county board of mental retardation shall be notified by the	403
thirtieth day of April each year if the individual is not to be	404
reemployed the following academic year.	405

(2) No disqualification will be imposed, between academic	406
years or terms or during a vacation period or holiday recess under	407
this division, unless the director or the director's deputy has	408
received a statement in writing from the educational institution	409
or institution of higher education that the claimant has a	410
contract for, or a reasonable assurance of, reemployment for the	411
ensuing academic year or term.	412

(3) If an individual has employment with an educational	413
institution or an institution of higher education and employment	414
with a noneducational employer, during the base period of the	415
individual's benefit year, then the individual may become eligible	416
for benefits during the between-term, or vacation or holiday	417
recess, disqualification period, based on employment performed for	418
the noneducational employer, provided that the employment is	419
sufficient to qualify the individual for benefit rights separately	420
from the benefit rights based on school employment. The weekly	421
benefit amount and maximum benefits payable during a	422
disqualification period shall be computed based solely on the	423
nonschool employment.	424

(J) Benefits shall not be paid on the basis of employment	425
performed by an alien, unless the alien had been lawfully admitted	426
to the United States for permanent residence at the time the	427
services were performed, was lawfully present for purposes of	428
performing the services, or was otherwise permanently residing in	429
the United States under color of law at the time the services were	430
performed, under section 212(d)(5) of the "Immigration and	431
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	432

(1) Any data or information required of individuals applying	433
for benefits to determine whether benefits are not payable to them	434
because of their alien status shall be uniformly required from all	435
applicants for benefits.	436

(2) In the case of an individual whose application for	437
benefits would otherwise be approved, no determination that	438
benefits to the individual are not payable because of the	439
individual's alien status shall be made except upon a	440
preponderance of the evidence that the individual had not, in	441
fact, been lawfully admitted to the United States.	442

(K) The director shall establish and utilize a system of	443
profiling all new claimants under this chapter that:	444

(1) Identifies which claimants will be likely to exhaust	445
regular compensation and will need job search assistance services	446
to make a successful transition to new employment;	447

(2) Refers claimants identified pursuant to division (K)(1)	448
of this section to reemployment services, such as job search	449
assistance services, available under any state or federal law;	450

(3) Collects follow-up information relating to the services	451
received by such claimants and the employment outcomes for such	452
claimant's subsequent to receiving such services and utilizes such	453
information in making identifications pursuant to division (K)(1)	454
of this section; and	455