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H. B. No. 46 As Reported by the House Veterans Affairs CommitteeAs Reported by the House Veterans Affairs Committee
128th General Assembly | Regular Session | 2009-2010 |
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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
amended to read as follows:
Sec. 4141.29. Each eligible individual shall receive
benefits as compensation for loss of remuneration due to
involuntary total or partial unemployment in the amounts and
subject to the conditions stipulated in this chapter.
(A) No individual is entitled to a waiting period or
benefits
for any week unless the individual:
(1) Has filed a valid application for determination of
benefit rights in accordance with section 4141.28 of the Revised
Code;
(2) Has made a claim for benefits in accordance with
section
4141.28 of the Revised Code;
(3) Has registered at an employment office or other
registration place maintained or designated by the
director of job
and family
services. Registration shall be made
in accordance with
the time limits,
frequency, and manner prescribed by the director.
(4)(a)(i) Is able to work and available for suitable work
and, except as provided in division (A)(4)(a)(ii) of this section,
is actively seeking suitable work either in a locality in which
the individual has earned wages subject to this chapter
during the
individual's base
period, or if the individual leaves that
locality, then in a locality where
suitable work normally is
performed.
(ii) The director may waive the requirement that a
claimant
be actively seeking work when the director finds
that
the
individual has
been laid off and the employer who laid the
individual off
has notified the
director within ten days after the
layoff, that
work is
expected to be available for the individual
within a specified
number of days not to exceed forty-five
calendar days following
the last day the individual worked. In the
event the individual
is not recalled within the specified period,
this waiver
shall
cease to be operative with respect to that
layoff.
(b) The individual shall be instructed as to the efforts
that
the individual must make in the search
for suitable work, except
where
the active search for work requirement has been waived under
division (A)(4)(a) of this section, and shall keep a record of
where and when the individual has sought work in complying
with
those
instructions and, upon request, shall produce
that record
for
examination by the director.
(c) An individual who is attending a training course
approved
by the director meets the requirement of
this
division, if
attendance was recommended by the
director
and the individual is
regularly attending the course and is
making satisfactory
progress. An individual also meets the
requirements of this
division if the individual is
participating and
advancing in a
training program, as defined in division (P) of
section 5709.61 of
the Revised Code, and if an enterprise,
defined in division (B) of
section 5709.61 of the Revised Code,
is paying all or part of the
cost of the individual's
participation in the training program
with the intention of
hiring the individual for employment as a
new employee, as
defined in division (L) of section 5709.61 of the
Revised Code,
for at least ninety days after the individual's
completion of the
training program.
(d) An individual who becomes unemployed while attending a
regularly established school and whose base period qualifying
weeks were earned in whole or in part while attending that
school,
meets the availability and active search for work
requirements of
division (A)(4)(a) of this section if the
individual regularly
attends the school during weeks with respect to which the
individual claims unemployment benefits and makes
self available
on any shift of hours for suitable
employment
with the
individual's most recent employer or any other
employer in the
individual's base
period, or for any other suitable employment to
which the
individual is
directed, under this chapter.
(e) The director shall adopt any rules
that the director
deems
necessary for the administration of division (A)(4) of this
section.
(f) Notwithstanding any other provisions of this section,
no
otherwise eligible individual shall be denied benefits for any
week because the individual is in training approved
under section
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.
2296, nor shall that individual be denied benefits by
reason of
leaving work to enter such training, provided the work left is
not
suitable employment, or because of the application to any
week in
training of provisions in this chapter, or any applicable
federal
unemployment compensation law, relating to availability
for work,
active search for work, or refusal to accept work.
For the purposes of division (A)(4)(f) of this section,
"suitable employment" means with respect to an individual, work
of
a substantially equal or higher skill level than the
individual's
past adversely affected employment, as defined for
the purposes of
the "Trade Act of 1974," 88 Stat. 1978, 19
U.S.C.A. 2101, and
wages for such work at not less than eighty
per cent of the
individual's average weekly wage as determined
for the purposes of
that federal act.
(5) Is unable to obtain suitable work.
An individual who is
provided temporary work assignments by the
individual's
employer
under agreed terms and conditions of employment, and who is
required pursuant to those terms and conditions to inquire with
the
individual's employer for available work assignments upon the
conclusion of
each work assignment, is not considered unable to
obtain suitable
employment if suitable work assignments are
available with the employer but
the individual fails to contact
the employer to inquire about work
assignments.
(6) Participates in reemployment services, such as job
search
assistance services, if the individual has been determined
to be
likely to exhaust benefits under this chapter, including
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other
than
extended compensation, and needs reemployment services
pursuant to
the profiling system established by the
director
under division
(K) of this section, unless the
director
determines that:
(a) The individual has completed such services; or
(b) There is justifiable cause for the claimant's failure
to
participate in such services.
(B) An individual suffering total or partial unemployment
is
eligible for benefits for unemployment occurring subsequent to
a
waiting period of one week and no benefits shall be payable
during
this required waiting period. Not more than one week of
waiting
period shall be required of any individual in any
benefit year in
order to establish the individual's
eligibility for total or
partial unemployment benefits.
(C) The waiting period for total or partial unemployment
shall commence on the first day of the first week with respect to
which the individual first files a claim for benefits at an
employment office or other place of registration maintained or
designated by the director or on the first day of
the first
week
with respect to which the individual has otherwise filed
a claim
for
benefits in accordance with the rules of the department
of job
and family services, provided
such claim is allowed by the
director.
(D) Notwithstanding division (A) of this section, no
individual may serve a waiting period or be paid benefits under
the following conditions:
(1) For any week with respect to which the
director
finds
that:
(a) The individual's unemployment was due to a labor
dispute
other than
a lockout at any factory, establishment, or other
premises
located in this or any other state and owned or operated
by the
employer by which the individual is or was last employed;
and
for so long as
the individual's unemployment is due to such
labor dispute.
No individual
shall be disqualified under this
provision if either of the following
applies:
(i) The individual's employment was with such employer at
any
factory,
establishment, or premises located in this state, owned
or
operated by such employer, other than the factory,
establishment,
or premises at which the labor dispute exists, if
it is shown
that the individual is not financing, participating
in, or
directly
interested in such labor dispute;
(ii) The individual's employment was with an employer not
involved in
the labor dispute but whose place of business was
located within
the same premises as the employer engaged in the
dispute, unless
the individual's employer is a wholly owned
subsidiary of
the employer engaged
in the dispute, or unless the
individual actively
participates in or
voluntarily stops work
because of such dispute. If it is
established that the claimant
was laid off for an indefinite
period and not recalled to work
prior to the dispute, or was
separated by the employer prior to
the dispute for reasons other
than the labor dispute, or that the
individual obtained a
bona fide job with
another employer while
the dispute was still in progress, such
labor dispute shall not
render the employee ineligible for
benefits.
(b) The individual has been given a disciplinary layoff for
misconduct
in connection with the individual's work.
(2) For the duration of the individual's unemployment if
the
director finds that:
(a) The individual quit work without just cause
or has been
discharged for just cause in connection with the
individual's
work, provided
division (D)(2) of this section does not apply to
the separation
of a person under any of the following
circumstances:
(i) Separation from employment for the purpose of entering
the armed forces of the United States if the individual is
inducted into the armed forces within one of the following
periods:
(I) Thirty
days
after separation;
(II) One hundred eighty days after separation if the
individual's date of induction is delayed solely at the discretion
of the armed forces.
(ii) Separation from employment pursuant to a
labor-management contract or agreement, or pursuant to an
established employer plan, program, or policy, which permits the
employee, because of lack of work, to accept a separation from
employment;
(iii) The individual has left employment to
accept a recall
from a
prior employer or, except as provided in division
(D)(2)(a)(iv) of this section, to accept other employment
as
provided under
section 4141.291 of the Revised Code, or left or
was separated
from employment that was concurrent employment at
the time
of the most recent separation or within six weeks prior
to the most
recent separation where the remuneration, hours, or
other
conditions of such concurrent employment were substantially
less
favorable than the individual's most recent employment and
where such employment, if offered as new work, would be considered
not
suitable under the provisions of divisions (E) and (F) of this
section. Any benefits that would otherwise be chargeable
to the
account of the employer from whom an individual has left
employment or was separated from employment that was concurrent
employment under conditions described in division
(D)(2)(a)(iii)
of this section, shall instead be charged
to the mutualized
account created by division (B) of section 4141.25 of the
Revised
Code, except that any benefits chargeable to the account of a
reimbursing employer under division (D)(2)(a)(iii) of this
section
shall be charged to the account of the reimbursing
employer and
not to the mutualized account, except as
provided in division
(D)(2) of section 4141.24 of the Revised Code.
(iv) When an individual has been issued a definite
layoff
date by the individual's employer and before the layoff
date, the
individual quits to accept other employment, the provisions of
division
(D)(2)(a)(iii) of this section apply and no
disqualification
shall be imposed under division (D) of this
section. However, if
the individual fails to meet the employment
and earnings
requirements of division (A)(2) of section 4141.291
of the
Revised Code, then the individual, pursuant to division
(A)(5) of this section, shall be ineligible for benefits for any
week
of unemployment that occurs prior to the layoff date.
(v) The individual's spouse is a member of the armed services
of the United States, the spouse is the subject of a military
transfer, and the individual left employment to accompany the
individual's spouse.
(b) The individual has refused without good cause to accept
an offer
of suitable work when made by an employer either in
person or to
the individual's last known address, or has refused
or
failed to investigate a
referral to suitable work when directed
to do so by a local
employment office of this state or another
state, provided that
this division shall not cause a
disqualification for a waiting
week or benefits under the
following circumstances:
(i) When work is offered by the individual's employer and
the
individual is not
required to accept the offer pursuant to the
terms of the
labor-management contract or agreement; or
(ii) When the individual is attending a
training course
pursuant to division (A)(4) of this section
except, in the event
of a refusal to accept an offer of suitable
work or a refusal or
failure to investigate a referral, benefits
thereafter paid to
such individual shall not be charged to the
account of any
employer and, except as provided in division
(B)(1)(b) of section
4141.241 of the Revised Code, shall be
charged to the mutualized
account as provided in division
(B) of
section 4141.25 of the
Revised Code.
(c) Such individual quit work to marry or because of
marital,
parental, filial, or other domestic obligations.
(d) The individual became unemployed by reason of commitment
to any
correctional institution.
(e) The individual became unemployed because of dishonesty
in
connection with the individual's most recent or any base
period
work. Remuneration earned in such work shall be excluded from
the
individual's total base period remuneration and qualifying weeks
that otherwise would be credited to
the individual for such
work
in the individual's base period shall not be credited for
the
purpose of determining the total benefits to which the
individual
is eligible and the weekly benefit amount to be paid
under section
4141.30 of the Revised Code. Such excluded
remuneration and
noncredited qualifying weeks shall be excluded
from the
calculation of the maximum amount to be charged, under
division
(D) of section 4141.24 and section 4141.33 of the
Revised Code,
against the accounts of the individual's base
period employers. In
addition, no benefits shall thereafter be
paid to the individual
based upon such excluded
remuneration or
noncredited qualifying
weeks.
For purposes of division (D)(2)(e) of this section,
"dishonesty" means the commission of substantive theft, fraud, or
deceitful acts.
(E) No individual otherwise qualified to receive benefits
shall lose the right to benefits by reason of a refusal to accept
new work if:
(1) As a condition of being so employed the individual would
be
required to join a company union, or to resign from or refrain
from joining any bona fide labor organization, or would be denied
the right to retain membership in and observe the lawful rules of
any such organization.
(2) The position offered is vacant due directly to a
strike,
lockout, or other labor dispute.
(3) The work is at an unreasonable distance from the
individual's
residence, having regard to the character of the work
the
individual has been
accustomed to do, and travel to the place
of work involves
expenses substantially greater than that required
for the
individual's former
work, unless the expense is provided
for.
(4) The remuneration, hours, or other conditions of the
work
offered are substantially less favorable to the individual
than
those prevailing for similar work in the locality.
(F) Subject to the special exceptions contained in
division
(A)(4)(f) of this section and section 4141.301 of the
Revised
Code, in determining whether any work is suitable for a
claimant
in the administration of this chapter, the
director, in addition
to the determination required under division
(E) of this section,
shall consider the degree of risk to the
claimant's health,
safety, and morals, the individual's
physical fitness for
the
work, the individual's prior training and experience,
the length
of the individual's
unemployment, the distance of the available
work from the
individual's
residence, and the individual's
prospects for obtaining
local work.
(G) The "duration of unemployment" as used in this
section
means the full period of unemployment next ensuing after
a
separation from any base period or subsequent work and until an
individual has become reemployed in employment subject to this
chapter, or the unemployment compensation act of another state,
or
of the United States, and until such individual has worked six
weeks and for those weeks has earned or been paid
remuneration
equal to six times an average weekly wage of not less than:
eighty-five dollars and ten cents per week beginning on June 26,
1990; and beginning on and after January 1, 1992, twenty-seven
and
one-half per cent of the statewide average weekly wage as
computed
each first day of January under division (B)(3) of
section 4141.30
of the Revised Code, rounded down to the nearest
dollar, except
for purposes of division (D)(2)(c) of this
section, such term
means the full period of unemployment next
ensuing after a
separation from such work and until such
individual has become
reemployed subject to the terms set forth
above, and has earned
wages equal to one-half of the
individual's average
weekly wage or
sixty dollars, whichever is less.
(H) If a claimant is disqualified under division
(D)(2)(a),
(c), or (d) of this section or found to be qualified
under the
exceptions provided in division (D)(2)(a)(i),
(iii), or (iv), or
(v) of this section or division (A)(2) of section
4141.291 of the
Revised Code, then benefits that may
become
payable to such
claimant, which are chargeable to the account of
the employer from
whom the individual was separated under
such conditions,
shall be
charged to the mutualized account provided in section
4141.25 of
the Revised Code, provided that no charge shall be
made to the
mutualized account for benefits chargeable to a
reimbursing
employer, except as provided in division (D)(2)
of
section 4141.24
of the Revised Code. In the case of a
reimbursing employer, the
director shall refund or
credit to
the account of the reimbursing
employer any over-paid benefits
that are recovered under division
(B) of section 4141.35 of the
Revised Code. Amounts chargeable to
other states, the United States, or Canada that are subject to
agreements and arrangements that are established pursuant to
section 4141.43 of the Revised Code shall be credited or
reimbursed according to the agreements and arrangements to which
the chargeable amounts are subject.
(I)(1) Benefits based on service in employment as provided
in
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised
Code
shall be payable in the same amount, on the same terms, and
subject to the same conditions as benefits payable on the basis
of
other service subject to this chapter; except that after
December
31, 1977:
(a) Benefits based on service in an instructional,
research,
or principal administrative capacity in an institution
of higher
education, as defined in division (Y) of section
4141.01 of the
Revised Code; or for an educational institution as
defined in
division (CC) of section 4141.01 of the Revised Code,
shall not be
paid to any individual for any week of unemployment
that begins
during the period between two successive
academic
years or terms,
or during a similar period between two regular
but not successive
terms or during a period of paid sabbatical
leave provided for in
the individual's contract, if the
individual performs such
services in the first of those
academic
years or terms and has a
contract or a reasonable assurance that
the individual will
perform services in any such capacity for any
such institution in
the second of those academic years or
terms.
(b) Benefits based on service for an educational
institution
or an institution of higher education in other than
an
instructional, research, or principal administrative capacity,
shall not be paid to any individual for any week of unemployment
which begins during the period between two successive academic
years or terms of the employing educational institution or
institution of higher education, provided the individual
performed
those services for the educational institution or
institution of
higher education during the first such academic
year or term and,
there is a reasonable assurance that such
individual will perform
those services for any educational
institution or institution of
higher education in the second of
such academic years or terms.
If compensation is denied to any individual for any week
under division (I)(1)(b) of this section and the individual was
not offered an opportunity to perform those services for an
institution of higher education or for an educational institution
for the second of such academic years or terms, the individual is
entitled to a retroactive payment of compensation for each week
for which the individual timely filed a claim for compensation
and
for which compensation was denied solely by reason of
division
(I)(1)(b) of this section. An application for
retroactive benefits
shall be timely filed if received by the
director or the
director's deputy within or prior
to the end of the
fourth full
calendar week after the end of the period for which
benefits were
denied because of reasonable assurance of
employment. The
provision for the payment of retroactive
benefits under division
(I)(1)(b) of this section is applicable
to weeks of unemployment
beginning on and after November 18,
1983. The provisions under
division (I)(1)(b) of this section
shall be retroactive to
September 5, 1982, only if, as a
condition for full tax credit
against the tax imposed by the
"Federal Unemployment Tax Act," 53
Stat. 183 (1939), 26 U.S.C.A.
3301 to 3311, the United States
secretary of labor determines
that
retroactivity is required by
federal law.
(c) With respect to weeks of unemployment beginning after
December 31, 1977, benefits shall be denied to any individual for
any week which commences during an established and customary
vacation period or holiday recess, if the individual performs any
services described in divisions (I)(1)(a) and (b) of this section
in the period immediately before the vacation period or holiday
recess, and there is a reasonable assurance that the individual
will perform any such services in the period immediately
following
the vacation period or holiday recess.
(d) With respect to any services described in division
(I)(1)(a), (b), or (c) of this section, benefits payable on the
basis of services in any such capacity shall be denied as
specified in division (I)(1)(a), (b), or (c) of this section to
any individual who performs such services in an educational
institution or institution of higher education while in the
employ
of an educational service agency. For this purpose, the
term
"educational service agency" means a governmental agency or
governmental entity that is established and operated
exclusively
for the purpose of providing services to one or more educational
institutions or one or more institutions of higher education.
(e) Any individual employed by a public school district or
a
county board of mental retardation shall be notified by the
thirtieth day of April each year if the individual is not to
be
reemployed
the following academic year.
(2) No disqualification will be imposed, between academic
years or terms or during a vacation period or holiday recess
under
this division, unless the director or the
director's deputy has
received a statement in writing from the educational institution
or institution of higher education that the claimant has a
contract for, or a reasonable assurance of, reemployment for the
ensuing academic year or term.
(3) If an individual has employment with an educational
institution or an institution of higher education and employment
with a noneducational employer, during the base period of the
individual's benefit year, then the individual may become
eligible
for benefits during the between-term, or vacation or
holiday
recess, disqualification period, based on employment
performed for
the noneducational employer, provided that the
employment is
sufficient to qualify the individual for benefit
rights separately
from the benefit rights based on school
employment. The weekly
benefit amount and maximum benefits
payable during a
disqualification period shall be computed based
solely on the
nonschool employment.
(J) Benefits shall not be paid on the basis of employment
performed by an alien, unless the alien had been lawfully
admitted
to the United States for permanent residence at the time
the
services were performed, was lawfully present for purposes of
performing the services, or was otherwise permanently residing in
the United States under color of law at the time the services
were
performed, under section 212(d)(5) of the "Immigration and
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:
(1) Any data or information required of individuals
applying
for benefits to determine whether benefits are not
payable to them
because of their alien status shall be uniformly
required from all
applicants for benefits.
(2) In the case of an individual whose application for
benefits would otherwise be approved, no determination that
benefits to the individual are not payable because of the
individual's alien
status shall be made except upon a
preponderance of the evidence
that the individual had not, in
fact, been lawfully admitted to
the United States.
(K) The director shall establish and utilize a
system
of
profiling all new claimants under this chapter that:
(1) Identifies which claimants will be likely to exhaust
regular compensation and will need job search assistance services
to make a successful transition to new employment;
(2) Refers claimants identified pursuant to division
(K)(1)
of this section to reemployment services, such as job
search
assistance services, available under any state or federal
law;
(3) Collects follow-up information relating to the
services
received by such claimants and the employment outcomes
for such
claimant's subsequent to receiving such services and
utilizes such
information in making identifications pursuant to
division (K)(1)
of this section; and
(4) Meets such other requirements as the United States
secretary of labor determines are appropriate.
Section 2. That existing section 4141.29 of the Revised Code
is hereby repealed.
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