Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart C - BENEFIT CHARGES › Section 2765.330 - Chargeability Where The Individual Is Discharged As A Result Of His Incarceration

Current through Register Vol. 48, No. 28, July 12, 2024
Effective with respect to the payment of benefits for weeks
				  which begin after September 22, 1992, an employer shall not be the chargeable
				  employer, if that employer would otherwise be the chargeable employer but the
				  individual is separated from that employer as a result of the individual's
				  detention, incarceration or imprisonment under State, local or federal law. The
				  benefit charges or payments in lieu of contributions with respect to this
				  individual for this period shall be pooled and not chargeable to any
				  employer.
a) Example: An individual is
				arrested on his way to work. He calls the employer to inform it that he cannot
				make bail so he cannot report to work. The employer replaces the individual
				because it needs to continue its production uninterrupted. The charges are
				later dismissed against the individual, and he files a new benefit year claim
				effective November 1, 1992. Because he was discharged for a reason other than
				misconduct connected with his work, the individual is eligible for benefits. It
				is determined that the employer would otherwise be the chargeable employer. Any
				benefit charges or payments in lieu of contributions as a result of benefits
				paid to this individual shall be pooled and not chargeable to any
				employer.
b) Example: The
				individual informs his employer that he has been sentenced to jail for 30 days
				for a non-work related offense. He requests a leave of absence for this period,
				but it is denied because he does not meet the employer's criteria for such a
				leave. While the claimant is in jail, the employer, Company A, replaces the
				individual. After he is released from jail, the individual returns to the
				employer, but no work is available. He then files a new benefit year claim
				effective January 10, 1993. The individual is eligible for benefits, and is
				paid for the period from January 17, 1993 through January 30, 1993, when he
				goes to work for another employer, Company B. Any benefit charges or payments
				in lieu of contributions as a result of benefits paid to this individual for
				the period from January 17, 1993 through January 30, 1993 shall be pooled and
				not chargeable to any employer. If this individual is subsequently separated
				from Company B and if Company B is determined to be the chargeable employer for
				any subsequent weeks, any benefit charges or payments in lieu of contributions
				as a result of benefits paid to this individual for the subsequent weeks will
				be charged to Company B. However, if Company A would otherwise be the
				chargeable employer with respect to this subsequent period, any benefit charges
				or payments in lieu of contributions as a result of benefits paid to this
				individual for this subsequent period shall be pooled.
c) Examples: An individual is arrested on his
				way to work. He calls the employer to inform it that he cannot make bail so he
				cannot report to work. The employer replaces the individual because it needs to
				continue its production uninterrupted. The charges are later dismissed against
				the individual, and he files a new benefit year claim effective March 1, 1992.
				Because he was discharged for a reason other than misconduct connected with his
				work, the individual is eligible for benefits. It is determined that the
				employer is the chargeable employer. However, any benefit charges or payments
				in lieu of contributions as a result of benefits paid to this individual for
				weeks beginning on or after September 22, 1992 shall be pooled and not
				chargeable to any employer. This employer remains the chargeable employer for
				weeks beginning prior to September 22, 1992.