Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart C - BENEFIT CHARGES › Section 2765.328 - What Constitutes A Day For Purposes Of The "30 Day" Requirement In Section 1502.1 Of The Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) The 30 day
				requirement, set forth in Section
				2765.325,
				shall include any day on which any services are actually performed for the
				employer by the individual prior to the date of separation. The 30 day
				requirement, set forth in Section
				2765.329,
				shall include any day on which any services are actually performed for the
				employer by the individual prior to the first of the week (Sunday) with respect
				to which the chargeable employer is being determined. If a shift covers two
				calendar days, only one day shall be included in determining whether the 30 day
				requirement has been met. The day included is the one on which the individual's
				shift begins. Paid sick days, vacation days, holidays or other similar paid,
				non-working days (e.g., "show-up" or stand-by pay days) shall not be counted
				toward meeting the 30 day requirement. Payments for wages in lieu of notice,
				pension or other retirement type payments or for severance pay also do not meet
				the requirements of this Section.
1) Example:
				The individual works a shift which begins at 10 pm on Monday and ends at 7 am
				on Tuesday. While this individual performs services for this employer on two
				calendar days, for the purpose of determining whether the 30 day requirement
				set forth in Section 1502.1 of the Act has been met, the individual's shift
				counts as only one day of service, Monday.
2) Example: The individual begins his shift
				at noon but becomes ill fifteen minutes later. Since the individual performed
				services for the employer for fifteen minutes, one day is counted toward
				meeting the 30 day requirement.
3)
				Example: The individual is scheduled to work on a certain day but fails to
				report for work because he is ill. Even if the employer provides paid sick
				leave to the individual for that day, it will not be counted toward the 30 day
				requirement.
4) Example: The
				individual receives paid sick leave from Company A, a nonprofit corporation,
				which elects to make payments in lieu of contributions, for 35 days during his
				base period. He has no other employment with Company A during his base period.
				He also performs services during his base period for Company B, a liable,
				contributing employer. After being laid off by Company B, he returns to Company
				A for 30 days before being again laid off. Company A will be liable for an
				amount equal to 100% of the benefits paid to this individual as payments in
				lieu of contributions. This is because Company A is the last employer of this
				individual; the 30 day requirement is met by the individual's employment; and
				the paid sick leave constitutes wages for insured work paid during the
				individual's base period.
5)
				Example: Upon the permanent layoff of an individual, the employer pays that
				individual for any unused, accrued vacation time that the individual is due and
				grants him severance pay in the amount of one day's pay for each year of
				continuous service. These payments are not included for the purpose of
				determining whether this employer has met the 30 day requirement.
6) Example: The individual works a four day
				work week, that is, instead of working eight hours per day, five days per week,
				he works ten hours per day, four days per week. Even if the individual's ten
				hour shift extends over two calendar days, each shift still counts as only one
				day, and this individual will have worked only four days in a normal work
				week.
7) Example: The individual
				had filed a new benefit year claim, effective January 10, 1993. He then works
				on Thursday, January 21, 1993, Friday, January 22, 1993, Saturday, January 23,
				1993, and Sunday, January 24, 1993, for Company A before being laid off for
				lack of work. He files a claim for and is paid benefits for the week ending
				January 30, 1993. In determining the chargeable employer for that week, Sunday,
				January 24, 1993, is not counted in determining if this individual performed
				services for Company A for 30 days. This is because Sunday, January 24, 1993,
				does not occur prior to the beginning of the week with respect to which a
				chargeable employer is being determined.