Illinois Compiled Statutes 820 ILCS 405/601 – Voluntary leaving
Current as of: 2024 | Check for updates
|
Other versions
A. An individual shall be ineligible for benefits for the week in which he or she has left work voluntarily without good cause attributable to the employing unit and, thereafter, until he or she has become reemployed and has had earnings equal to or in excess of his or her 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.
B. The provisions of this Section shall not apply to an individual who has left work voluntarily:
1. Because he or she is deemed physically unable to
B. The provisions of this Section shall not apply to an individual who has left work voluntarily:
Terms Used In Illinois Compiled Statutes 820 ILCS 405/601
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. Because he or she is deemed physically unable to
|
perform his or her work by a licensed and practicing physician, or because the individual’s assistance is necessary for the purpose of caring for his or her spouse, child, or parent who, according to a licensed and practicing physician or as otherwise reasonably verified, is in poor physical or mental health or is a person with a mental or physical disability and the employer is unable to accommodate the individual’s need to provide such assistance;
|
2. To accept other bona fide work and, after such
|
acceptance, the individual is either not unemployed in each of 2 weeks, or earns remuneration for such work equal to at least twice his or her current weekly benefit amount;
|
3. In lieu of accepting a transfer to other work
|
offered to the individual by the employing unit under the terms of a collective bargaining agreement or pursuant to an established employer plan, program, or policy, if the acceptance of such other work by the individual would require the separation from that work of another individual currently performing it;
|
4. Solely because of the sexual harassment of the
|
individual by another employee. Sexual harassment means (1) unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other conduct or communication which is made a term or condition of the employment or (2) the employee’s submission to or rejection of such conduct or communication which is the basis for decisions affecting employment, or (3) when such conduct or communication has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment and the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action;
|
5. Which he or she had accepted after separation from
|
other work, and the work which he or she left voluntarily would be deemed unsuitable under the provisions of Section 603;
|
6.(a) Because the individual left work due to
|
verified domestic violence as defined in § 103 of the Illinois Domestic Violence Act of 1986 where the domestic violence caused the individual to reasonably believe that his or her continued employment would jeopardize his or her safety or the safety of his or her spouse, minor child, or parent
|
if the individual provides the following:
(i) notice to the employing unit of the reason
(i) notice to the employing unit of the reason
|
for the individual’s voluntarily leaving; and
|
(ii) to the Department provides:
(A) an order of protection or other
(A) an order of protection or other
|
documentation of equitable relief issued by a court of competent jurisdiction; or
|
(B) a police report or criminal charges
|
documenting the domestic violence; or
|
(C) medical documentation of the domestic
|
violence; or
|
(D) evidence of domestic violence from a
|
member of the clergy, attorney, counselor, social worker, health worker or domestic violence shelter worker.
|
(b) If the individual does not meet the provisions of
|
subparagraph (a), the individual shall be held to have voluntarily terminated employment for the purpose of determining the individual’s eligibility for benefits pursuant to subsection A.
|
(c) Notwithstanding any other provision to the
|
contrary, evidence of domestic violence experienced by an individual, or his or her spouse, minor child, or parent, including the individual’s statement and corroborating evidence, shall not be disclosed by the Department unless consent for disclosure is given by the individual.
|
7. Because, due to a change in location of employment
|
of the individual’s spouse, the individual left work to accompany his or her spouse to a place from which it is impractical to commute or because the individual left employment to accompany a spouse who has been reassigned from one military assignment to another. The employer’s account, however, shall not be charged for any benefits paid out to the individual who leaves work under a circumstance described in this paragraph.
|
C. Within 90 days of the effective date of this amendatory Act of the 96th General Assembly, the Department shall promulgate rules, pursuant to the Illinois Administrative Procedure Act and consistent with Section 903(f)(3)(B) of the Social Security Act, to clarify and provide guidance regarding eligibility and the prevention of fraud.