Citations Affected: IC 20-7.1; IC 22-4-14 ; IC 22-4-15-2.
Synopsis: Unemployment for noncertificated school employees.
Provides that noncertificated employees of school corporations who do
not work during a period of more than one month between two
successive academic years or terms are eligible to receive
unemployment compensation for that period if the employees have
wage credits established and are otherwise eligible for unemployment
compensation. Provides that these employees are not required to
register or be available for work and are not to receive job counseling
Effective: Upon passage.
January 11, 2000, read first time and referred to Committee on Labor and Employment.
A BILL FOR AN ACT to amend the Indiana Code concerning
education and labor.
at the conclusion of a period of more than one (1) month
between two (2) successive academic years or terms; and
(3) is otherwise eligible under IC 22-4-14;
is eligible to receive unemployment compensation for the period of more than one (1) month between two (2) successive academic years or terms.
full-time work; and
(4) participates in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and to need reemployment services under a profiling system established by the commissioner, unless the commissioner determines that:
(A) the individual has completed the reemployment services; or
(B) failure by the individual to participate in or complete the reemployment services is excused by the director under
section 2(b) of this chapter.
The term "effort to secure full-time work" shall be defined by the board through rule which shall take into consideration whether such individual has a reasonable assurance of reemployment and, if so, the length of the prospective period of unemployment. However, if an otherwise eligible individual is unable to work or unavailable for work on any normal work day of the week the individual shall be eligible to receive benefits with respect to such week reduced by one-third (1/3) of the individual's weekly benefit amount for each day of such inability to work or unavailability for work.
(b) (c) For the purpose of this article, unavailability for work of an
individual exists in, but is not limited to, any case in which, with
respect to any week, it is found:
(1) that such individual is engaged by any unit, agency, or instrumentality of the United States, in charge of public works or assistance through public employment; or any unit, agency, or instrumentality of this state, or any political subdivision thereof, in charge of any public works or assistance through public employment;
(2) that such individual is in full-time active military service of the United States, or is enrolled in civilian service as a conscientious objector to military service;
(3) that such individual is suspended for misconduct in connection with the individual's work; or
(4) that such individual is in attendance at a regularly established public or private school during the customary hours of the individual's occupation or is in any vacation period intervening between regular school terms during which the individual is a student. However, this subdivision does not apply to any individual who is attending a regularly established school, has been regularly employed and upon becoming unemployed makes an effort to secure full-time work and holds himself available for
suitable full-time work with the individual's last employer, or
holds himself available for any other full-time employment
(c) (d) Notwithstanding any other provisions in this section or
, no otherwise eligible individual shall be denied benefits
for any week because the individual is in training with the approval of
the department, nor shall such individual be denied benefits with
respect to any week in which the individual is in training with the
approval of the department by reason of the application of the
provisions of this section with respect to the availability for work or
active search for work or by reason of the application of the provisions
relating to failure to apply for, or the refusal to accept,
suitable work. The board shall by rule prescribe the conditions under
which approval of such training will be granted.
suitable employment as set forth in
(f) This section does not apply to a noncertificated employee of a school corporation for any weeks of unemployment claims other than between academic years or terms.
individual's current claim, as initially determined, shall be reduced by
twenty-five percent (25%). If twenty-five percent (25%) of the
maximum benefit amount is not an even dollar amount, the amount of
such reduction shall be raised to the next higher even dollar amount.
When twenty-five percent (25%) of the maximum benefit amount, as
initially determined, exceeds the unpaid balance remaining in the
claim, such reduction shall be limited to the unpaid balance.
(e) (f) In determining whether or not any such work is suitable for
an individual, the department shall consider:
(1) the degree of risk involved to such individual's health, safety, and morals;
(2) the individual's physical fitness and prior training and experience;
(3) the individual's length of unemployment and prospects for securing local work in the individual's customary occupation; and
(4) the distance of the available work from the individual's residence.
However, work under substantially the same terms and conditions under which the individual was employed by a base-period employer, which is within the individual's prior training and experience and physical capacity to perform, shall be considered to be suitable work unless the claimant has made a bona fide change in residence which makes such offered work unsuitable to the individual because of the distance involved.
(f) (g) Notwithstanding any other provisions of this article, no work
shall be considered suitable and benefits shall not be denied under this
article to any otherwise eligible individual for refusing to accept new
work under any of the following conditions:
(1) If the position offered is vacant due directly to a strike, lockout, or other labor dispute.
(2) If 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.
(3) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining a bona fide labor organization.
(4) If as a condition of being employed the individual would be required to discontinue training into which the individual had entered with the approval of the department.
(g) (h) Notwithstanding subsection (e), (f), with respect to extended
benefit periods established on and after July 5, 1981, "suitable work"
means any work which is within an individual's capabilities. However,
if the individual furnishes evidence satisfactory to the department that
the individual's prospects for obtaining work in the individual's
customary occupation within a reasonably short period are good, the
determination of whether any work is suitable work shall be made as
provided in subsection
(h) (i) With respect to extended benefit periods established on and
after July 5, 1981, no work shall be considered suitable and extended
benefits shall not be denied under this article to any otherwise eligible
individual for refusing to accept new work under any of the following
(1) If the gross average weekly remuneration payable to the individual for the position would not exceed the sum of:
(A) the individual's average weekly benefit amount for the individual's benefit year; plus
(B) the amount (if any) of supplemental unemployment compensation benefits (as defined in Section 501(c)(17)(D) of the Internal Revenue Code) payable to the individual for such week.
(2) If the position was not offered to the individual in writing or was not listed with the department of workforce development.
(3) If such failure would not result in a denial of compensation under the provisions of this article to the extent that such provisions are not inconsistent with the applicable federal law.
(4) If the position pays wages less than the higher of:
(A) the minimum wage provided by 29 U.S.C. 206(a)(1) (The Fair Labor Standards Act of 1938), without regard to any exemption; or
(B) the state minimum wage (IC 22-2-2).
(i) (j) The department of workforce development shall refer
individuals eligible for extended benefits to any suitable work (as
defined in subsection (g) (h)) to which subsection (h) (i) would not