93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6614

 

Introduced 02/09/04, by Jay C. Hoffman

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/601   from Ch. 48, par. 431

    Amends the Unemployment Insurance Act. In provisions making an individual ineligible for benefits for leaving work voluntarily without good cause, creates an exception if the individual left work due to circumstances resulting from the individual being a victim of stalking. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 601 as follows:
 
6     (820 ILCS 405/601)  (from Ch. 48, par. 431)
7     Sec. 601. Voluntary leaving.
8      A. An individual shall be ineligible for benefits for the
9 week in which he has left work voluntarily without good cause
10 attributable to the employing unit and, thereafter, until he
11 has become reemployed and has had earnings equal to or in
12 excess of his current weekly benefit amount in each of four
13 calendar weeks which are either for services in employment, or
14 have been or will be reported pursuant to the provisions of the
15 Federal Insurance Contributions Act by each employing unit for
16 which such services are performed and which submits a statement
17 certifying to that fact.
18     B. The provisions of this Section shall not apply to an
19 individual who has left work voluntarily:
20         1. Because he is deemed physically unable to perform
21     his work by a licensed and practicing physician, or has
22     left work voluntarily upon the advice of a licensed and
23     practicing physician that assistance is necessary for the
24     purpose of caring for his spouse, child, or parent who is
25     in poor physical health and such assistance will not allow
26     him to perform the usual and customary duties of his
27     employment, and he has notified the employing unit of the
28     reasons for his absence;
29         2. To accept other bona fide work and, after such
30     acceptance, the individual is either not unemployed in each
31     of 2 weeks, or earns remuneration for such work equal to at
32     least twice his current weekly benefit amount;

 

 

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1         3. In lieu of accepting a transfer to other work
2     offered to the individual by the employing unit under the
3     terms of a collective bargaining agreement or pursuant to
4     an established employer plan, program, or policy, if the
5     acceptance of such other work by the individual would
6     require the separation from that work of another individual
7     currently performing it;
8         4. Solely because of the sexual harassment of the
9     individual by another employee. Sexual harassment means
10     (1) unwelcome sexual advances, requests for sexual favors,
11     sexually motivated physical contact or other conduct or
12     communication which is made a term or condition of the
13     employment or (2) the employee's submission to or rejection
14     of such conduct or communication which is the basis for
15     decisions affecting employment, or (3) when such conduct or
16     communication has the purpose or effect of substantially
17     interfering with an individual's work performance or
18     creating an intimidating, hostile, or offensive working
19     environment and the employer knows or should know of the
20     existence of the harassment and fails to take timely and
21     appropriate action;
22         5. Which he had accepted after separation from other
23     work, and the work which he left voluntarily would be
24     deemed unsuitable under the provisions of Section 603;
25         6. (a) Because the individual left work due to
26     circumstances resulting from the individual being a victim
27     of domestic violence as defined in Section 103 of the
28     Illinois Domestic Violence Act of 1986 or stalking; and
29     provided, such individual has made reasonable efforts to
30     preserve the employment. As used in this Section,
31     "stalking" means any conduct proscribed by the Criminal
32     Code of 1961 in Sections 12-7.3 and 12-7.4.
33         (i) For the purposes of this paragraph 6, the
34     individual shall be treated as being a victim of domestic
35     violence if the individual provides the following:
36             (A) (i) written notice to the employing unit of the

 

 

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1         reason for the individual's voluntarily leaving; and
2             (B) (ii) to the Department provides:
3                 (I) (A) an order of protection or other
4             documentation of equitable relief issued by a
5             court of competent jurisdiction; or
6                 (II) (B) a police report or criminal charges
7             documenting the domestic violence; or
8                 (III) (C) medical documentation of the
9             domestic violence; or
10                 (IV) (D) evidence of domestic violence from a
11             counselor, social worker, health worker or
12             domestic violence shelter worker.
13         (ii) For the purposes of this paragraph 6, the
14     individual shall be treated as being a victim of stalking
15     if the individual:
16             (A) provides written notice to the employing unit
17         of the reason for the individual's voluntarily
18         leaving; and
19             (B) provides to the Department:
20                 (I) documentation of equitable relief issued
21             by a court of competent jurisdiction; or
22                 (II) a police report or criminal charges
23             documenting the stalking; or
24                 (III) evidence of stalking from a counselor,
25             social worker, or domestic violence shelter
26             worker.
27         (b) If the individual does not meet the provisions of
28     subparagraph (a), the individual shall be held to have
29     voluntarily terminated employment for the purpose of
30     determining the individual's eligibility for benefits
31     pursuant to subsection A.
32         (c) Notwithstanding any other provision to the
33     contrary, evidence of domestic violence or stalking
34     experienced by an individual, including the individual's
35     statement and corroborating evidence, shall not be
36     disclosed by the Department unless consent for disclosure

 

 

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1     is given by the individual.
2 (Source: P.A. 93-634, eff. 1-1-04.)
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.