reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart B - REGULAR BENEFITS › Section 2865.140 - Regular Attendance in Approved Training

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of Section
				  2865.135,
				  "in regular attendance" means that the individual has attended every scheduled
				  session of the training course approved for him or her by the Director, and
				  presents an attendance report from a responsible person connected with the
				  training course. If the individual misses any scheduled class session on a
				  particular day, the individual shall be deemed to have failed to meet the
				  requirements of Section 500C of the Act with respect to that day.
EXAMPLE: An individual in Director approved training is
				  scheduled to attend 2 training sessions daily from Monday through Friday until
				  the course is completed. The individual misses one session on Wednesday because
				  of illness. This individual shall be deemed to have failed to meet the
				  requirements of being "in regular attendance" on Wednesday, and the
				  individual's weekly benefit amount shall be reduced by one-fifth for that
				  week.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart B - REGULAR BENEFITS › Section 2865.150 - Profiling/Referral to Reemployment Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) To determine the likelihood that the
				individual will exhaust regular benefits and will need job search assistance,
				the Department will profile each individual who files an initial claim for
				regular benefits. Each claimant profile will be based on information contained
				in the claimant's initial combined application for regular benefits and
				Employment Service registration.
1) Except as
				otherwise provided in subsection (a)(2), as part of the profiling process, the
				Department will assign each individual an exhaustion probability score that
				measures the likelihood that the individual will exhaust regular benefits and
				need job search assistance. The score will be calculated according to a
				statistical model developed by the Department based on criteria approved by the
				US Department of Labor, including industry or occupation.
2) No exhaustion probability score will be
				assigned an individual if he or she:
A) has
				not been issued his or her first payment of regular benefits by the fourth week
				following the week in which he or she files his or her initial claim for
				regular benefits;
B) satisfies the
				union hiring hall procedures set forth in Section
				2865.50;
C) has a definite date of recall to
				work;
D) is unemployed as the
				result of a labor dispute; or
E)
				has left work voluntarily.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart C - EXTENDED BENEFITS › Section 2865.205 - Applicability of Rules for Eligibility for Regular Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
Except when inconsistent with Section 409 of the Act or with
				  this Subpart, all of the provisions of the Act and in this Subchapter f shall
				  be applicable to eligibility for extended benefits.
a) EXAMPLE: A claim for extended benefits
				shall be filed in the same manner and in the same location as one would file
				for regular benefits.
b) EXAMPLE:
				If an individual, who meets all of the other requirements for receipt of
				extended benefits, is discharged from a job, he would be subject to the
				ineligibility provisions of Section 602 of the Act if it is determined that the
				discharge was for misconduct connected with his work.
c) EXAMPLE: An individual demands a wage that
				is unreasonable. He is unavailable for work under Section
				2865.110(c)
				and would, therefore, be subject to the ineligibility provisions of Section
				500C of the Act since neither is inconsistent with Section 409 of the Act.
				Therefore, this individual would be ineligible for extended benefits even if he
				meets the other requirements for receipt of extended benefits.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart C - EXTENDED BENEFITS › Section 2865.210 - Systematic and Sustained Search for Work

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual shall be deemed to have made
				a systematic and sustained search for work if he or she can present the
				tangible evidence, described in subsection (b), to the local unemployment
				office that he or she was engaged in such an effort to find work during a week
				of unemployment.
b) The tangible
				evidence required by subsection (a) shall consist of, but not be limited to,
				all of the following:
1) A showing that the
				individual persistently reviewed the newspaper advertisements for work and made
				an effort to contact the employers placing the advertisements, on each working
				day during every week for which he or she is applying for extended
				benefits;
2) A showing that the
				individual actually made significant (at least five per week) personal contacts
				with prospective employers and applied for work on at least three working days
				during each week for which he or she is applying for extended
				benefits;
3) A showing that he or
				she had been frequently contacting his or her union hall for information
				regarding work prospects, if applicable; and
4) Registration with the State Employment
				Service.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart C - EXTENDED BENEFITS › Section 2865.215 - When an Individual's Prospects for Finding Work Shall Be Deemed To Be Good

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual
				filing for extended benefits who has a definite date to return to work for a
				former employer or who has a bona fide offer of work to begin within four weeks
				shall be classified as having good prospects for returning to work in his or
				her customary occupation. This means that, should this individual refuse an
				offer of work, that refusal shall be adjudicated pursuant to Section 603 of the
				Act and Section 409K3(c)(iii) shall not apply to this individual.
b) Whether an individual's prospects of
				finding work in his or her customary occupation are good shall be determined at
				the time that he or she files his or her initial claim for extended benefits.
				However, the classification shall be included in any determination of refusal
				of work under Section 409K3(c) of the Act, and at the time, shall be subject to
				review.
EXAMPLE: An individual files a claim for extended benefits
				  and reports that he will return to his former employer on March 31. He does not
				  return to work for his former employer on March 31 and then refuses an offer of
				  work on April 14. This refusal of work shall be adjudicated in accordance with
				  the provisions of Section 409K3(c) because the individual's prospects of
				  returning to his customary occupation were not good because he did not return
				  to work for his former employer as scheduled.
c) If the claimant does not start work on the
				designated date, then his or her prospects of finding work in his or her
				customary occupation shall no longer be considered good.
d) The individual must provide the name,
				address and starting date of employment for any employer whom the individual
				claims as a basis for having his or her prospects of finding work in his or her
				customary occupation found to be good.
e) An individual can also show that his or
				her prospects of finding work in his or her customary occupation are good by
				showing that he or she was recently employed in his or her customary
				occupation, that he or she recently completed training in that occupation or
				that new opportunities for employment in his or her customary occupation
				recently became available.
f) This
				Section shall not apply to weeks beginning on or after March 7, 1993 and before
				January 1, 1995.
g) This Section
				shall not apply to weeks beginning on or after May 17, 2020, with respect to
				individuals whose unemployment is directly impacted by COVID-19. The provisions
				of this subsection (g) are applicable to the extent permitted by section
				4102(b) of the Families First Coronavirus Response Act (P.L.
				116-127, Division D, Emergency Unemployment
				Insurance Stabilization and Access Act of 2020 (EUISAA)).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2870 - SPECIAL PROGRAMS › Subpart A - SHORT-TIME COMPENSATION PROGRAM › Section 2870.1 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
All other terms used in this Part shall have the meanings
				  ascribed in Sections 200 through 247 and Section 502 of the Unemployment
				  Insurance Act [820 ILCS 405], unless the context requires otherwise.
"Act" means the Unemployment Insurance Act [820 ILCS
				  405].
"Benefit Payment Amount" means the actual unemployment
				  insurance benefits, including any dependent allowance provided in Section 401
				  of the Act, paid to an employee in the affected unit.
"Claimant" means a person who applies for benefits under the
				  Act.
"Department" means the Illinois Department of Employment
				  Security.
"DA = Dependent Allowance" means the amount of any dependent
				  child or dependent spouse allowance which an individual may be eligible to
				  receive under Section 401 of the Act.
"Director" means the Director of the Illinois Department of
				  Employment Security.
"Employing unit" has the same meaning ascribed in Section 204
				  of the Act.
"Full-time work" is the number of hours a class of workers
				  would customarily work if the employing unit had all of the work it could
				  handle without working overtime. Except when the contrary is provided by a
				  collective bargaining agreement or company policy, full-time work is
				  customarily 40 hours per week. For example, 37.5 hours per week is the normal,
				  full-time work for Illinois State employees under gubernatorial authority by
				  State personnel policy.
"NH = Normal Hours" means the normal hours employees in the
				  affected unit work each week. The maximum value allowed is 40 hours per
				  week.
"OH = Other Hours" means the total number of hours the
				  employee in the affected unit worked for an employing unit or units other than
				  hours worked under the short-time compensation (STC) plan.
"PH = Plan Hours" means the reduced hours that employees in
				  the affected unit will work each week during the duration of the STC
				  plan.
"STC Deduction" means the percentage value calculated using
				  the claimant's WBA (defined below) and the WBAPA (defined below).
"TH = Total Hours" means the total sum of plan hours (PH) and
				  other hours (OH).
"WBA = Weekly Benefit Amount" means an employee in the
				  affected unit's weekly Unemployment Insurance Benefit Amount as specified on
				  their Finding as provided in Section 701 of the Act.
"WBAPA = Weekly Benefit Amount Percentage Allowed" means the
				  percentage of the WBA that will be paid to a claimant under the STC plan. This
				  value cannot be less than 20% nor more than 60%.
"WorkShare IL" is the name of the STC program in Illinois
				  under Section 502 of the Act. Notwithstanding this designation, hereafter in
				  this Part, the STC program established by Section 502 of the Act is referred to
				  as "Short-Time Compensation" or "STC".
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2870 - SPECIAL PROGRAMS › Subpart A - SHORT-TIME COMPENSATION PROGRAM › Section 2870.5 - Application for Approval of Short-Time Compensation Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) In order to participate in the STC
				program, an employer must submit an STC plan application to the Department, and
				the Director must approve the plan. Employers are strongly encouraged to submit
				the application electronically via the Department's STC e-service portal
				located at WorkShare.ides.illinois.gov. Filing an application can also be
				accomplished by calling 217-558-8150. Assistance in filing an application is
				also available at that number. The application will require the employer to
				provide information and make the certifications set forth in Section 502(C) of
				the Act.
b) A third-party
				administrator with a proper and fully executed IDES Power of Attorney on file
				with the Department may file an STC plan application and conduct all STC
				certifications and other STC business on behalf of an employer.
c) An STC plan application will not be
				accepted by the Department if an employer fails to affirm the certifications as
				required by Section 502 of Act and contained in the application.
d) An electronic submission of the STC plan
				application must be signed using an electronic signature in lieu of a written
				signature by clicking the "I Agree" check box beneath the certification
				statements prior to submission of the STC application. Electronic submission of
				the STC plan application has the same legal effect as a signature on a paper
				document.
e) When the employer's
				STC plan application containing the required information and employer
				certifications is complete, signed, and submitted, the Director must either
				approve or disapprove the employer's STC plan application. Approval of the STC
				plan application establishes the terms of the employer's STC plan.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2870 - SPECIAL PROGRAMS › Subpart A - SHORT-TIME COMPENSATION PROGRAM › Section 2870.10 - Withdrawal of Application for Approval of Short-Time Compensation Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) At any point
				prior to the Director issuing a letter either approving or disapproving an STC
				plan, the employer may withdraw its application. The notice of withdrawal of
				the STC application must be sent to the Department via email to
				DES.WorkShare@illinois.gov.
b) Once
				an employer has withdrawn its STC application, it may file a new application
				for approval of an STC plan by complying with the provisions of Section
				2870.5.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2870 - SPECIAL PROGRAMS › Subpart A - SHORT-TIME COMPENSATION PROGRAM › Section 2870.15 - Approval or Disapproval of a Short-Time Compensation Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director will have 45 days from the
				date of receipt of the STC plan application to approve or disapprove the
				employer's STC plan application. The Director's decision will be in writing and
				promptly communicated to the employer by sending the decision approving or
				disapproving the plan to the employer at its address or email account of record
				with the Department for purposes of STC. The Director's failure to issue a
				written decision within 45 days after the date of receipt of the STC plan
				application shall constitute a decision disapproving the plan.
b) If an employer's STC plan application
				provides all the required information and certifications and otherwise meets
				the requirements of Section 502 of the Act, the Director must approve the
				application.
c) If an employer's
				STC plan application fails to provide all the required information and
				certifications, the Director, through an authorized Department employee, will
				contact the employer to explain how the STC plan application is deficient and
				to allow the employer the opportunity to correct the deficiency or withdraw the
				STC plan application.
d) A decision
				disapproving the STC plan application will clearly identify the reason or
				reasons for the disapproval of the plan application. A decision disapproving an
				STC plan application is final.
e)
				An employer whose STC plan application for a particular affected unit has been
				disapproved must wait 30 days from the date of the decision of disapproval
				before submitting another STC plan application for that affected
				unit.
f) An STC plan shall not be
				approved if the employer is delinquent in the filing of any reports required
				under the Act or in the payment of contributions, payments in lieu of
				contributions, interest, or penalties due under this Act as of the date of the
				employer's STC plan application. An employer that has appealed its delinquency
				is still considered to be delinquent for the purposes of this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2870 - SPECIAL PROGRAMS › Subpart A - SHORT-TIME COMPENSATION PROGRAM › Section 2870.20 - Effective Dates of a Short-Time Compensation Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) All STC plans must begin on a Sunday and
				must end on a Saturday.
b) The
				decision approving the STC plan shall specify the plan's start date and
				expiration date.
c) The expiration
				date of the STC plan can be no later than the last Saturday of the
				12th full calendar month after the month in which
				the start date of the plan occurs.
EXAMPLE: Company B's STC plan is approved with a start date
				  of Sunday, June 6, 2021. For purposes of Company B's STC plan, June 2021 is not
				  a full calendar month, therefore, June 2022 is the
				  12th full calendar month that follows the month in
				  which the start date of the plan occurs. Company B's STC plan can expire no
				  later than Saturday, June 25, 2022, which is the last Saturday in the
				  12th full calendar month after the month in which
				  the start date of the plan occurs.
d) If an STC plan is revoked, the STC plan
				shall terminate on the date specified in the Director's written order of
				revocation.
e) An employer may
				terminate a STC plan at any time upon written notice to the Director, with the
				plan ending on the Saturday of the week that the employer designates the plan
				is to terminate. The Director shall promptly notify each member of the affected
				unit of the termination date of the plan.
f) At any time after an STC plan for a
				particular affected unit has expired or terminated prior to its initially
				established expiration date, an employer may submit an application under the
				provisions of Section
				2870.5
				to participate in another STC plan for that affected unit.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2870 - SPECIAL PROGRAMS › Subpart A - SHORT-TIME COMPENSATION PROGRAM › Section 2870.40 - Short-Time Compensation Benefits' Formulas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Consistent with the provisions of Section
				401 of the Act pertaining to rounding both an individual's weekly benefit
				amount and any dependent allowance to the next higher dollar if calculations
				result in a weekly benefit amount or a dependent allowance in an amount that is
				not already a multiple of one dollar, the STC weekly benefit amount will be the
				product of:
1) the percentage of reduction in
				the individual's usual weekly hours of work; and
2) the sum of the regular weekly benefit
				amount for a week of total unemployment plus any applicable dependent allowance
				which the individual may be eligible to receive under Section 401 of the
				Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2870 - SPECIAL PROGRAMS › Subpart A - SHORT-TIME COMPENSATION PROGRAM › Section 2870.45 - Overpayments of Short-Time Compensation Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Overpayments of unemployment insurance
				benefits under the Act may be recovered from an individual receiving STC
				benefits in the manner provided under Sections 900 and 901 of the Act (see
				Section 2835. TABLE A).
b)
				Overpayments of benefits paid under an STC plan may be recovered from an
				individual receiving unemployment insurance benefits under the Act in the
				manner provided under Sections 900 and 901 of the Act (see Section 2835. TABLE
				A).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2870 - SPECIAL PROGRAMS › Subpart A - SHORT-TIME COMPENSATION PROGRAM › Section 2870.50 - Coordination of Short-Time Compensation Benefits with Extended Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any STC benefit
				received by an individual is considered to be "regular compensation" as the
				term is used under Federal-State Extended Unemployment Compensation Act of 1970
				(PL 91-373; codified in note to
				26 USC
				3304).
b) An individual who has received all of the
				STC or combined STC and regular unemployment insurance benefits that are
				available in a benefit year shall be an "exhaustee" for purposes of extended
				benefits under the provisions of Section 409 of the Act.
c) Extended benefits paid to a participant in
				a STC plan are to be charged or noncharged to an employer who is subject to the
				payment of contributions, and attributed or non-attributed to an employer
				making payments in lieu of contributions, in the same manner and to the same
				extent as extended benefits paid to an exhaustee of regular unemployment
				insurance.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2905 - NONCITIZEN STATUS › Subpart A - GENERAL PROVISIONS › Section 2905.1 - Unemployment Benefits to Noncitizens

Current through Register Vol. 48, No. 28, July 12, 2024
A noncitizen can establish monetary eligibility (see Section
				  500 of the Unemployment Insurance Act (Act) [820 ILCS 405 ] and 56 Ill. Adm.
				  Code 2720.1) to receive unemployment
				  insurance benefits only to the extent and on the basis of wages that the
				  individual earned during the individual's base period while the individual was
				  lawfully admitted for permanent residence or otherwise permanently residing in
				  the United States under color of law, as provided in 56 Ill. Adm. Code
				  2905.10 or
				  2905.15, as the case may
				  be.
EXAMPLE: An individual illegally enters the United States in
				  2012 and begins work at that time. The individual applies for and is granted
				  permanent residence status as of May 1, 2019. Only those wages that this
				  individual earns on or after May 1, 2019 may be used to establish the
				  individual's monetary eligibility for benefits.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2905 - NONCITIZEN STATUS › Subpart A - GENERAL PROVISIONS › Section 2905.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of 56 Ill. Adm. Code 2905, the terms
				  hereunder shall be defined as follows:
"Act" means the Unemployment Insurance Act [820 ILCS 405
				  ].
"Immigrant" is a noncitizen who has been accorded by the
				  United States the privilege of entering the country for permanent residence and
				  of becoming a citizen of the United States under the conditions provided in the
				  Immigration and Nationality Act.
"Noncitizen" means any person not a citizen or national of
				  the United States, as the word "alien" is defined in the Immigration and
				  Nationality Act [8 U.S.C.
				  1101] .
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2905 - NONCITIZEN STATUS › Subpart A - GENERAL PROVISIONS › Section 2905.10 - When Is A Noncitizen Lawfully Admitted For Permanent Residence

Current through Register Vol. 48, No. 28, July 12, 2024
A noncitizen is considered lawfully admitted for permanent
				  residence in the United States if the individual is given the status of an
				  immigrant; provided, however, that the Canadians and Mexicans who are allowed
				  to enter the United States for daily or seasonal work shall likewise be
				  considered as lawfully admitted for permanent residence.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2905 - NONCITIZEN STATUS › Subpart A - GENERAL PROVISIONS › Section 2905.15 - Permanent Residence Under Color of Law

Current through Register Vol. 48, No. 28, July 12, 2024
a) A noncitizen is considered permanently
				residing in the United States under color of law if the individual's presence
				in this country is presumptively legal under federal law (including
				8 U.S.C.
				1157,
				8 U.S.C.
				1158,
				8 U.S.C.
				1182, and
				8 CFR
				101.2).
b) The mere fact that a particular
				individual, group or class of individuals is temporarily not subject to
				deportation does not mean that the individual or members of that group or class
				are permanently residing in the United States under color of law. In these
				circumstances, in order to establish that the individual is permanently
				residing in the United States under color of law, the individual or group or
				class member must show that the Immigration and Naturalization Service (INS) or
				the U.S. Citizenship and Immigration Services (USCIS) has provided written
				notification that the individual may remain in the United States for an
				indefinite period of time.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2905 - NONCITIZEN STATUS › Subpart A - GENERAL PROVISIONS › Section 2905.20 - Evidence of Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
A claimant who indicates in the claimant's application for
				  benefits that the individual is not a citizen of the United States must produce
				  evidence that the individual is not ineligible. The presentation of a valid
				  U.S. Immigration and Naturalization Service (INS) Form I-151 or a valid U.S.
				  Citizenship and Immigration Services (USCIS) Form I-551, commonly known as the
				  "green card", or other similar documents issued by INS or USCIS will be
				  sufficient for a finding that the noncitizen is eligible under Section 614 of
				  the Act. Without the presentation of these documents, the burden of coming
				  forth with evidence of eligibility is upon the noncitizen. Documents tending to
				  show eligibility for benefits under this Section may be submitted for
				  verification or clarification to INS or USCIS; however, benefits shall not be
				  withheld pending such verification unless the claimant admits that the claimant
				  is not legally in the United States or unless the documents appear to be
				  altered.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2905 - NONCITIZEN STATUS › Subpart A - GENERAL PROVISIONS › Section 2905.30 - Information Regarding Claimants' Status

Current through Register Vol. 48, No. 28, July 12, 2024
Any data or information required under 56 Ill. Adm. Code 2905
				  shall be requested or utilized by the Director without regard to the ethnic,
				  racial or linguistic characteristics of the claimant.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2905 - NONCITIZEN STATUS › Subpart A - GENERAL PROVISIONS › Section 2905.35 - Evidence Of Ineligibility Because Of Noncitizen Status

Current through Register Vol. 48, No. 28, July 12, 2024
When a determination is made that a claimant is not entitled
				  to unemployment benefits because the individual does not meet the requirements
				  provided in Section 614 of the Unemployment Insurance Act, such determination
				  must be supported by a preponderance of the evidence.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2905 - NONCITIZEN STATUS › Subpart A - GENERAL PROVISIONS › Section 2905.40 - Legal Authorization to Work

Current through Register Vol. 48, No. 28, July 12, 2024
In order to be eligible to receive benefits, an individual
				  must be available to work (see Section 500C of the Act). In order to meet this
				  availability requirement, a noncitizen must be legally authorized to work in
				  the United States. A noncitizen without current authorization to work from
				  Immigration and Naturalization Service (INS) or U.S. Citizenship and
				  Immigration Services (USCIS), or who is not in a status that automatically
				  permits the noncitizen to work, is not legally available for work and not
				  eligible for benefits, even if the noncitizen meets the monetary eligibility
				  requirements of Section 500E of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2910 - ATHLETES › Subpart A - GENERAL PROVISIONS › Section 2910.1 - Ineligibility Of Professional Athletes And Ancillary Personnel During Periods Between Sports Seasons

Current through Register Vol. 48, No. 28, July 12, 2024
Any individual who derives 90% or more of his total wages
				  received from all sources, athletic or non-athletic, during his base period
				  from participating or training or preparing to participate in sports or
				  athletic events shall be ineligible to receive benefits, based upon his total
				  base period wages or any portion thereof, for any week commencing during the
				  period between the two successive sport seasons or similar periods if:
a) He is engaged in sports or athletic events
				as a professional athlete or ancillary personnel for wages; and
b) He performed such service in his
				applicable base period; and
c) He
				has a reasonable assurance that he will perform services in the next season
				after the intervening period comes to an end.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2910 - ATHLETES › Subpart A - GENERAL PROVISIONS › Section 2910.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of 56 Ill. Adm. Code
				  2910.1,
				  the following terms shall have the meaning given hereunder:
a) "Sports" or "athletics" is an activity
				involving an individual or group of individuals who participate in any
				competitive play, game, or contest that requires either physical or mental
				ability, or both.
b) "Participate"
				shall mean taking part in sports or athletic events as an individual competitor
				or as a member of a team, or as a participant in the training or preparing to
				so participate.
c) "Sports season"
				is that part of the calendar year when according to the established practice or
				tradition of a particular sport or game, the team players or individual
				competitors are actively involved in participating in sports or athletic events
				or in training or preparing to so participate.
d) "Professional athlete"
1) "Professional athlete" is a claimant whose
				occupation is participating in athletic or sporting events as:
A) A regular player or team player;
				or
B) An alternate player or team
				member; or
C) An individual in
				training to become a regular player or team member; or
D) An individual who, although performing no
				active services, is retained as a player or team member while recuperating from
				illness or injury.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2910 - ATHLETES › Subpart A - GENERAL PROVISIONS › Section 2910.10 - Presumption Of Reasonable Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
A reasonable assurance that the claimant will perform
				  services in sports or athletic events in a subsequent season is presumed to
				  exist if:
a) He has an expressed or
				implied multiyear contract which extends into the subsequent sport season;
				or
b) He is free to negotiate with
				other teams or employers for employment as a participant in the subsequent
				sport season, and
1) There is reason to
				believe that one or more employers of participants in athletic events are
				considering or would be desirous of employing the claimant in an athletic
				capacity in the subsequent sport season, and
2) He is not clearly and affirmatively
				withdrawn from participating in remunerative and competitive sports or athletic
				events.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2910 - ATHLETES › Subpart A - GENERAL PROVISIONS › Section 2910.15 - Reasonable Assurance Not Fulfilled

Current through Register Vol. 48, No. 28, July 12, 2024
When the reasonable assurance provided in 56 Ill. Adm. Code
				  2910.10
				  fails to materialize, the denial of benefits to the professional athlete or
				  ancillary personnel is still effective until the date when it is established
				  that the assurance no longer exists. Following this date, benefits will be paid
				  if the individual is otherwise eligible.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2910 - ATHLETES › Subpart A - GENERAL PROVISIONS › Section 2910.20 - Sports Seasons And Period Between Seasons Determined

Current through Register Vol. 48, No. 28, July 12, 2024
The beginning and ending dates of any sport season and the
				  beginning and ending dates of the intervening time period between two
				  successive sports seasons shall be determined by the Director after taking into
				  consideration factors of custom and practice within a particular sport,
				  published dates for beginning and ending a season and any other information
				  bearing upon such determination.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2915 - ACADEMIC PERSONNEL › Subpart A - GENERAL PROVISIONS › Section 2915.5 - Ineligibility Between Academic Years Or Terms, Vacation Period Or Holiday Recess

Current through Register Vol. 48, No. 28, July 12, 2024
a) When an
				individual has employment in an educational institution or educational service
				agency in the first of two successive academic years or terms or prior to a
				vacation period or holiday recess, the individual shall be ineligible to
				receive benefits during the intervening period between academic years or terms,
				or during the vacation period or holiday recess, under the conditions provided
				in Sections
				2915.10
				and
				2915.15.
b) The ineligibility between academic years
				or terms, or during vacation periods or holiday recesses, stated in subsection
				(a) applies only when the claim for benefits is based on wages received from an
				educational institution or an educational service agency. Benefits will be paid
				with respect to weeks of unemployment between academic years or terms, or
				during vacation periods or holiday recesses, if the claimant has sufficient
				wages for insured work in non-educational employment during the applicable base
				period if the individual is otherwise eligible.
c) The ineligibility stated in subsection (a)
				applies to employees of an educational service agency only when their services
				are primarily provided at the facilities of an educational
				institution.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2915 - ACADEMIC PERSONNEL › Subpart A - GENERAL PROVISIONS › Section 2915.10 - Ineligibility Of Academic Personnel

Current through Register Vol. 48, No. 28, July 12, 2024
a) Where the service of an individual in an
				educational institution described in Section
				2915.1, or for an
				educational service agency, during the first of two successive years or
				academic terms, or prior to a vacation period or holiday recess is performed in
				any capacity, such individual shall be ineligible for benefits during the
				intervening period:
1) Between two successive
				academic years; or,
2) Between two
				regular terms, whether or not successive; or,
3) On paid sabbatical leave provided in the
				individual's contract; or,
4)
				During the period of an established and customary vacation period or holiday
				recess;
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2915 - ACADEMIC PERSONNEL › Subpart A - GENERAL PROVISIONS › Section 2915.15 - Period Between Academic Years Or Terms, Vacation Period Or Holiday Recess

Current through Register Vol. 48, No. 28, July 12, 2024
a) The intervening
				period between two academic years or terms, whether or not successive, is the
				time span when an individual is not required either by contract or customary
				practice in educational institutions or educational service agencies to perform
				the services assigned to him. Such period is usually defined by the beginning
				and end of classes.
b) The period
				of an established and customary vacation period or holiday recess includes
				Christmas break or any other religious holiday season or spring vacation when
				they occur during the academic year or term.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2915 - ACADEMIC PERSONNEL › Subpart A - GENERAL PROVISIONS › Section 2915.20 - Presumption Of Reasonable Assurance Of Continued Employment

Current through Register Vol. 48, No. 28, July 12, 2024
The reasonable assurance referred to in Section
				  2915.10
				  shall be presumed if such individual has a written, verbal, or implied
				  agreement that covers or extends into the second academic year or term, or
				  after the vacation period or holiday recess, to perform for any educational
				  institution or educational service agency, academic or non-academic services.
				  Continuation of service in the second academic year or term or after the
				  vacation period or holiday recess is implied if there has been a pattern of
				  such continuation from one academic year or term to another or following
				  vacation periods or holiday recesses over a number of years or when the
				  individual has not been given a notice of termination by the educational
				  institution or educational service agency providing employment in the first of
				  the two academic years or terms or prior to the vacation period or holiday
				  recess.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2915 - ACADEMIC PERSONNEL › Subpart A - GENERAL PROVISIONS › Section 2915.25 - Rebuttal Of The Presumption Of Reasonable Assurance Of Continued Employment

Current through Register Vol. 48, No. 28, July 12, 2024
The individual employed by the educational institution or
				  educational service agency must establish by a preponderance of the evidence
				  that such individual no longer has a reasonable assurance of continued
				  employment, in order to be eligible for benefits under this Part. Such evidence
				  may include a written notice of dismissal from the employer, a written
				  statement under oath or such other evidence which tends to show that the
				  presumption provided in Section
				  2915.20
				  is without basis. In the event, however, that the educational institution or
				  educational service agency files a protest to the claim and gives additional
				  assurance that the individual will continue to be employed in the next academic
				  year or term or following the vacation period or holiday recess, then the
				  presumption of reasonable assurance of continued employment remains unless and
				  until the educational institution or educational service agency either gives a
				  definite notice of termination or does not receive such individual back to
				  work, whichever occurs first, or until the individual presents additional
				  evidence to rebut the employer's statement.
Example: Notices of dismissal are routinely sent out to
				  employees at the end of the academic year or term, simply as a precaution on
				  the chance that the budget may not be approved. The individual submits this
				  notice in evidence when filing a claim for benefits, but the educational
				  institution affirmatively asserts in its response to the notice that a claim
				  for benefits has been filed that the individual still has a reasonable
				  assurance of continued employment. Such individual shall be denied benefits
				  because the presumption of his returning to work remains in
				  effect.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2915 - ACADEMIC PERSONNEL › Subpart A - GENERAL PROVISIONS › Section 2915.30 - Date Benefit Ineligibility Ceases to Apply

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the individual overcomes the
				presumption of reasonable assurance of continued employment provided in Section
				2915.20,
				the ineligibility to receive benefits set forth in Section
				2915.10
				shall cease to apply to that individual, effective with the week for which the
				individual filed a claim for benefits, if it has been found by the Department,
				in any proceeding, that, as of that week, the individual had no reasonable
				assurance of continued employment.
b) If the additional assurance given by the
				educational institution or educational service agency described in Section
				2915.25
				fails to result in continued employment, the presumption becomes no longer
				effective from the date specified by the educational institution or educational
				service agency in its subsequent notice of dismissal to the individual or from
				the date the individual was scheduled to report back to work but the
				educational institution or educational service agency fails to take him or her
				back to service, whichever occurs first. Except as provided in subsection (c),
				the ineligibility to receive benefits provided in Section 612 of the Act and
				Section
				2915.10
				of this Part shall cease to apply to that individual on the date the
				presumption is determined to have become no longer effective.
c) Notwithstanding subsections (a) and (b),
				if reasonable assurance fails to materialize and the individual was previously
				employed in a position other than that of one in an instructional,
				administrative or research capacity, the individual, who has filed his or her
				claim in accordance with 56 Ill. Adm. Code
				2720.110
				through
				2720.125,
				shall be entitled to a retroactive payment of benefits if he or she is
				otherwise eligible for benefits.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2915 - ACADEMIC PERSONNEL › Subpart A - GENERAL PROVISIONS › Section 2915.35 - Benefits to Insured Workers in Educational Institutions

Current through Register Vol. 48, No. 28, July 12, 2024
Benefits based on wages for services performed by an
				  individual in the employ of an educational institution or educational service
				  agency operated by a governmental entity or nonprofit organization provided in
				  Sections 211.1 and 211.2 of the Act, respectively, shall be payable in the same
				  amount, on the same terms, and subject to the same conditions, as any other
				  benefits payable under the Act, except that the individual may be ineligible
				  for benefits for the intervening period between academic years or terms as
				  provided in Section
				  2915.5.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2915 - ACADEMIC PERSONNEL › Subpart A - GENERAL PROVISIONS › Section 2915.40 - Ineligibility of Employees Working in One Capacity for an Academic Employer Who Cross Over Within Years or Terms to Work in Another Capacity for the Same Type of Academic Employer

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the
				purposes of this Part, an individual can perform services for an academic
				employer in either or both of two capacities: professional or non-professional.
				"Professional" means services performed in an instructional, research, or
				principal administrative capacity. "Non-professional" means all other
				services.
b) For the purposes of
				this Part, there are two types of academic employers. The first type is an
				educational institution, as well as an institution of higher education and an
				institution of higher learning. The second type is an educational service
				agency.
c) If an individual
				performs services for one type of academic employer in one capacity during the
				period before a vacation period or holiday recess within an academic year or
				term, and there is a reasonable assurance that the individual will perform
				services in a different capacity for the same type of academic employer for the
				period immediately subsequent to the vacation period or holiday recess, the
				individual shall be ineligible for benefits under Section 612 of the Act during
				the vacation period or holiday recess.
EXAMPLE: If a teacher employed by an educational institution
				  receives assurance that at the end of the Christmas holidays his employment
				  with that educational institution will continue in January but in the capacity
				  of a security guard rather than as a teacher, the individual has crossed over
				  from one capacity to another and shall be ineligible for benefits under Section
				  612 of the Act during that period.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2915 - ACADEMIC PERSONNEL › Subpart A - GENERAL PROVISIONS › Section 2915.43 - Eligibility of Employees Working for an Academic Employer Who Cross Over Within an Academic Year or Term to Work for a Non-Academic Employer or for Another Type of Academic Employer

Current through Register Vol. 48, No. 28, July 12, 2024
If an individual crosses over from an academic employer (see
				  Section
				  2915.40(b)
				  ) a non-academic employer, or from one type of academic employer to another,
				  following a vacation period or holiday recess within an academic year or term,
				  the ineligibility imposed by Section 612 of the Act does not apply. This is
				  true no matter in what capacity the individual performs services after the
				  vacation period or holiday recess within an academic year or term for the
				  subsequent employer.
EXAMPLE: If a teacher employed by an educational institution
				  receives assurance that at the end of the Christmas holidays his services as a
				  teacher will continue in January in the employ of an educational service
				  agency, the ineligibility imposed by Section 612 of the Act does not apply
				  because the services performed immediately subsequent to the vacation period
				  are not performed for the same type of academic employer.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2915 - ACADEMIC PERSONNEL › Subpart A - GENERAL PROVISIONS › Section 2915.45 - Eligibility of Employees Working for One Type of Academic Employer Who Cross Over Between Years or Terms to Work for Another Type of Academic Employer

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever an individual performs services in the employ of one
				  type of academic employer during an academic year or term and there is
				  reasonable assurance that the individual will perform services in the employ of
				  another type of academic employer for a subsequent academic year or term, the
				  individual shall not be ineligible under Section 612 of the Act during the
				  period between the two academic years or terms.
EXAMPLE: If a teacher employed by an educational institution
				  receives assurance that at the end of the academic year his employment will
				  continue for the next year for an educational service agency, the individual
				  shall not be ineligible during that period under Section 612 of the
				  Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2915 - ACADEMIC PERSONNEL › Subpart A - GENERAL PROVISIONS › Section 2915.47 - Eligibility of Employees Working in One Capacity Who Cross Over Between Years or Terms to Work in Another Capacity

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever an individual performs services in one capacity
				  during an academic year or term and there is reasonable assurance that the
				  individual will perform the services in a different capacity for a subsequent
				  academic year or term, the individual shall not be ineligible under Section 612
				  of the Act during the period between the two academic years or terms.
EXAMPLE: If a typist receives assurance that at the end of
				  the academic year his employment will continue for the next year but in the
				  capacity of a teacher, the individual shall not be ineligible during that
				  period under Section 612 of the Act.