CHAPTER 15. DISQUALIFICATION FOR BENEFITS
IC 22-4-15
Chapter 15. Disqualification for Benefits
IC 22-4-15-1
Grounds for disqualification; modifications
Sec. 1. (a) With respect to benefit periods established on and afterJuly 6, 1980, an individual who has voluntarily left the individual'smost recent employment without good cause in connection with thework or who was discharged from the individual's most recentemployment for just cause is ineligible for waiting period or benefitrights for the week in which the disqualifying separation occurredand until the individual has earned remuneration in employmentequal to or exceeding the weekly benefit amount of the individual'sclaim in each of eight (8) weeks. If the qualification amount has notbeen earned at the expiration of an individual's benefit period, theunearned amount shall be carried forward to an extended benefitperiod or to the benefit period of a subsequent claim.
(b) When it has been determined that an individual has beenseparated from employment under disqualifying conditions asoutlined in this section, the maximum benefit amount of theindividual's current claim, as initially determined, shall be reducedby an amount determined as follows:
(1) For the first separation from employment underdisqualifying conditions, the maximum benefit amount of theindividual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's currentclaim, as initially determined; multiplied by
(B) seventy-five percent (75%);
rounded (if not already a multiple of one dollar ($1)) to the nexthigher dollar.
(2) For the second separation from employment underdisqualifying conditions, the maximum benefit amount of theindividual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's currentclaim determined under subdivision (1); multiplied by
(B) eighty-five percent (85%);
rounded (if not already a multiple of one dollar ($1)) to the nexthigher dollar.
(3) For the third and any subsequent separation fromemployment under disqualifying conditions, the maximumbenefit amount of the individual's current claim is equal to theresult of:
(A) the maximum benefit amount of the individual's currentclaim determined under subdivision (2); multiplied by
(B) ninety percent (90%);
rounded (if not already a multiple of one dollar ($1)) to the nexthigher dollar.
(c) The disqualifications provided in this section shall be subjectto the following modifications:
(1) An individual shall not be subject to disqualification
because of separation from the individual's employment if:
(A) the individual left to accept with another employerpreviously secured permanent full-time work which offeredreasonable expectation of continued covered employmentand betterment of wages or working conditions andthereafter was employed on said job;
(B) having been simultaneously employed by two (2)employers, the individual leaves one (1) such employervoluntarily without good cause in connection with the workbut remains in employment with the second employer witha reasonable expectation of continued employment; or
(C) the individual left to accept recall made by a base periodemployer.
(2) An individual whose unemployment is the result ofmedically substantiated physical disability and who isinvoluntarily unemployed after having made reasonable effortsto maintain the employment relationship shall not be subject todisqualification under this section for such separation.
(3) An individual who left work to enter the armed forces of theUnited States shall not be subject to disqualification under thissection for such leaving of work.
(4) An individual whose employment is terminated under thecompulsory retirement provision of a collective bargainingagreement to which the employer is a party, or under any otherplan, system, or program, public or private, providing forcompulsory retirement and who is otherwise eligible shall notbe deemed to have left the individual's work voluntarily withoutgood cause in connection with the work. However, if suchindividual subsequently becomes reemployed and thereaftervoluntarily leaves work without good cause in connection withthe work, the individual shall be deemed ineligible as outlinedin this section.
(5) An otherwise eligible individual shall not be denied benefitsfor any week because the individual is in training approvedunder Section 236(a)(1) of the Trade Act of 1974, nor shall theindividual be denied benefits by reason of leaving work to entersuch training, provided the work left is not suitableemployment, or because of the application to any week intraining of provisions in this law (or any applicable federalunemployment compensation law), relating to availability forwork, active search for work, or refusal to accept work. Forpurposes of this subdivision, the term "suitable employment"means with respect to an individual, work of a substantiallyequal or higher skill level than the individual's past adverselyaffected employment (as defined for purposes of the Trade Actof 1974), and wages for such work at not less than eightypercent (80%) of the individual's average weekly wage asdetermined for the purposes of the Trade Act of 1974.
(6) An individual is not subject to disqualification because ofseparation from the individual's employment if: (A) the employment was outside the individual's labormarket;
(B) the individual left to accept previously secured full-timework with an employer in the individual's labor market; and
(C) the individual actually became employed with theemployer in the individual's labor market.
(7) An individual who, but for the voluntary separation to moveto another labor market to join a spouse who had moved to thatlabor market, shall not be disqualified for that voluntaryseparation, if the individual is otherwise eligible for benefits.Benefits paid to the spouse whose eligibility is establishedunder this subdivision shall not be charged against the employerfrom whom the spouse voluntarily separated.
(8) An individual shall not be subject to disqualification if theindividual voluntarily left employment or was discharged dueto circumstances directly caused by domestic or family violence(as defined in IC 31-9-2-42). An individual who may be entitledto benefits based on this modification may apply to the office ofthe attorney general under IC 5-26.5 to have an addressdesignated by the office of the attorney general to serve as theindividual's address for purposes of this article.
As used in this subsection, "labor market" means the areasurrounding an individual's permanent residence, outside which theindividual cannot reasonably commute on a daily basis. Indetermining whether an individual can reasonably commute underthis subdivision, the department shall consider the nature of theindividual's job.
(d) "Discharge for just cause" as used in this section is defined toinclude but not be limited to:
(1) separation initiated by an employer for falsification of anemployment application to obtain employment throughsubterfuge;
(2) knowing violation of a reasonable and uniformly enforcedrule of an employer, including a rule regarding attendance;
(3) if an employer does not have a rule regarding attendance, anindividual's unsatisfactory attendance, if the individual cannotshow good cause for absences or tardiness;
(4) damaging the employer's property through willfulnegligence;
(5) refusing to obey instructions;
(6) reporting to work under the influence of alcohol or drugs orconsuming alcohol or drugs on employer's premises duringworking hours;
(7) conduct endangering safety of self or coworkers;
(8) incarceration in jail following conviction of a misdemeanoror felony by a court of competent jurisdiction; or
(9) any breach of duty in connection with work which isreasonably owed an employer by an employee.
(e) To verify that domestic or family violence has occurred, anindividual who applies for benefits under subsection (c)(8) shall
provide one (1) of the following:
(1) A report of a law enforcement agency (as defined inIC 10-13-3-10).
(2) A protection order issued under IC 34-26-5.
(3) A foreign protection order (as defined in IC 34-6-2-48.5).
(4) An affidavit from a domestic violence service providerverifying services provided to the individual by the domesticviolence service provider.
(Formerly: Acts 1947, c.208, s.1501; Acts 1957, c.261, s.1; Acts1965, c.190, s.9; Acts 1967, c.310, s.19; Acts 1971, P.L.355, SEC.35;Acts 1972, P.L.174, SEC.1; Acts 1974, P.L.110, SEC.4.) As amendedby Acts 1977, P.L.262, SEC.25; Acts 1980, P.L.158, SEC.5; Acts1982, P.L.95, SEC.4; P.L.20-1986, SEC.9; P.L.80-1990, SEC.13;P.L.21-1995, SEC.83; P.L.166-1996, SEC.3; P.L.290-2001, SEC.7;P.L.189-2003, SEC.3; P.L.97-2004, SEC.82; P.L.175-2009, SEC.23.
IC 22-4-15-2
Availability and acceptance of work; exceptions; application toextended benefit rights
Sec. 2. (a) With respect to benefit periods established on and afterJuly 3, 1977, an individual is ineligible for waiting period or benefitrights, or extended benefit rights, if the department finds that, beingtotally, partially, or part-totally unemployed at the time when thework offer is effective or when the individual is directed to apply forwork, the individual fails without good cause:
(1) to apply for available, suitable work when directed by thecommissioner, the deputy, or an authorized representative of thedepartment of workforce development or the United Statestraining and employment service;
(2) to accept, at any time after the individual is notified of aseparation, suitable work when found for and offered to theindividual by the commissioner, the deputy, or an authorizedrepresentative of the department of workforce development orthe United States training and employment service, or anemployment unit; or
(3) to return to the individual's customary self-employmentwhen directed by the commissioner or the deputy.
(b) With respect to benefit periods established on and after July6, 1980, the ineligibility shall continue for the week in which thefailure occurs and until the individual earns remuneration inemployment equal to or exceeding the weekly benefit amount of theindividual's claim in each of eight (8) weeks. If the qualificationamount has not been earned at the expiration of an individual'sbenefit period, the unearned amount shall be carried forward to anextended benefit period or to the benefit period of a subsequentclaim.
(c) With respect to extended benefit periods established on andafter July 5, 1981, the ineligibility shall continue for the week inwhich the failure occurs and until the individual earns remunerationin employment equal to or exceeding the weekly benefit amount of
the individual's claim in each of four (4) weeks.
(d) If an individual failed to apply for or accept suitable work asoutlined in this section, the maximum benefit amount of theindividual's current claim, as initially determined, shall be reducedby an amount determined as follows:
(1) For the first failure to apply for or accept suitable work, themaximum benefit amount of the individual's current claim isequal to the result of:
(A) the maximum benefit amount of the individual's currentclaim, as initially determined; multiplied by
(B) seventy-five percent (75%);
rounded (if not already a multiple of one dollar ($1)) to the nexthigher dollar.
(2) For the second failure to apply for or accept suitable work,the maximum benefit amount of the individual's current claimis equal to the result of:
(A) the maximum benefit amount of the individual's currentclaim determined under subdivision (1); multiplied by
(B) eighty-five percent (85%);
rounded (if not already a multiple of one dollar ($1)) to the nexthigher dollar.
(3) For the third and any subsequent failure to apply for oraccept suitable work, the maximum benefit amount of theindividual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's currentclaim determined under subdivision (2); multiplied by
(B) ninety percent (90%);
rounded (if not already a multiple of one dollar ($1)) to the nexthigher dollar.
(e) In determining whether or not any such work is suitable for anindividual, 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 andexperience;
(3) the individual's length of unemployment and prospects forsecuring local work in the individual's customary occupation;and
(4) the distance of the available work from the individual'sresidence.
However, work under substantially the same terms and conditionsunder which the individual was employed by a base-period employer,which is within the individual's prior training and experience andphysical capacity to perform, shall be considered to be suitable workunless the claimant has made a bona fide change in residence whichmakes such offered work unsuitable to the individual because of thedistance involved. During the fifth through the eighth consecutiveweek of claiming benefits, work is not considered unsuitable solelybecause the work pays not less than ninety percent (90%) of theindividual's prior weekly wage. After eight (8) consecutive weeks of
claiming benefits, work is not considered unsuitable solely becausethe work pays not less than eighty percent (80%) of the individual'sprior weekly wage. However, work is not considered suitable underthis section if the work pays less than Indiana's minimum wage asdetermined under IC 22-2-2. For an individual who is subject tosection 1(c)(8) of this chapter, the determination of suitable work forthe individual must reasonably accommodate the individual's need toaddress the physical, psychological, legal, and other effects ofdomestic or family violence.
(f) Notwithstanding any other provisions of this article, no workshall be considered suitable and benefits shall not be denied underthis article to any otherwise eligible individual for refusing to acceptnew 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 workoffered are substantially less favorable to the individual thanthose prevailing for similar work in the locality.
(3) If as a condition of being employed the individual would berequired to join a company union or to resign from or refrainfrom joining a bona fide labor organization.
(4) If as a condition of being employed the individual would berequired to discontinue training into which the individual hadentered with the approval of the department.
(g) Notwithstanding subsection (e), with respect to extendedbenefit 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 thedepartment that the individual's prospects for obtaining work in theindividual's customary occupation within a reasonably short periodare good, the determination of whether any work is suitable workshall be made as provided in subsection (e).
(h) With respect to extended benefit periods established on andafter July 5, 1981, no work shall be considered suitable and extendedbenefits shall not be denied under this article to any otherwiseeligible individual for refusing to accept new work under any of thefollowing conditions:
(1) If the gross average weekly remuneration payable to theindividual for the position would not exceed the sum of:
(A) the individual's average weekly benefit amount for theindividual's benefit year; plus
(B) the amount (if any) of supplemental unemploymentcompensation benefits (as defined in Section 501(c)(17)(D)of the Internal Revenue Code) payable to the individual forsuch week.
(2) If the position was not offered to the individual in writing orwas not listed with the department of workforce development.
(3) If such failure would not result in a denial of compensationunder the provisions of this article to the extent that suchprovisions 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) (theFair Labor Standards Act of 1938), without regard to anyexemption; or
(B) the state minimum wage (IC 22-2-2).
(i) The department of workforce development shall referindividuals eligible for extended benefits to any suitable work (asdefined in subsection (g)) to which subsection (h) would not apply.
(Formerly: Acts 1947, c.208, s.1502; Acts 1953, c.177, s.15; Acts1957, c.261, s.2; Acts 1971, P.L.355, SEC.36; Acts 1974, P.L.110,SEC.5.) As amended by Acts 1977, P.L.262, SEC.26; Acts 1980,P.L.158, SEC.6; Acts 1981, P.L.209, SEC.8; Acts 1982, P.L.95,SEC.5; P.L.20-1986, SEC.10; P.L.2-1987, SEC.31; P.L.18-1987,SEC.45; P.L.21-1995, SEC.84; P.L.290-2001, SEC.8; P.L.189-2003,SEC.4; P.L.97-2004, SEC.83; P.L.175-2009, SEC.24.
IC 22-4-15-3
Labor disputes; financing; sympathy strikes
Sec. 3. (a) An individual shall be ineligible for waiting period orbenefit rights for any week with respect to which his total or partialor part-total unemployment is due to a labor dispute at the factory,establishment, or other premises at which he was last employed.
(b) This section shall not apply to an individual if he hasterminated his employment, or his employment has been terminated,with the employer involved in the labor dispute; or if the labordispute which caused his unemployment has terminated and anyperiod necessary to resume normal activities at his place ofemployment has elapsed; or if all of the following conditions exist:He is not participating in or financing or directly interested in thelabor dispute which caused his unemployment: and he does notbelong to a grade or class of workers of which, immediately beforethe commencement of his unemployment, there were membersemployed at the same premises as he, any of whom are participatingin or financing or directly interested in the dispute; and he has notvoluntarily stopped working, other than at the direction of hisemployer, in sympathy with employees in some other establishmentor factory in which a labor dispute is in progress.
(c) If in any case separate branches of work which are commonlyconducted as separate businesses in separate premises are conductedin separate departments of the same premises, each such departmentshall, for the purpose of this section, be deemed to be a separatefactory, establishment, or other premises.
(d) Upon request of any claimant or employer involved in an issuearising under this section, the deputy shall, and in any other case thedeputy may, refer claims of individuals with respect to whom thereis an issue of the application of this section to an administrative lawjudge who shall make the initial determination with respect thereto,in accordance with the procedure in IC 22-4-17-3.
(e) Notwithstanding any other provisions of this article, anindividual shall not be ineligible for waiting period or benefit rights
under this section solely by reason of his failure or refusal to applyfor or to accept recall to work or reemployment with an employerduring the continuance of a labor dispute at the factory,establishment, or other premises of the employer, if the individual'slast separation from the employer occurred prior to the start of thelabor dispute and was permanent or for an indefinite period.
(Formerly: Acts 1947, c.208, s.1504; Acts 1953, c.177, s.16; Acts1971, P.L.355, SEC.37; Acts 1974, P.L.110, SEC.6.) As amended byActs 1980, P.L.158, SEC.7; P.L.135-1990, SEC.4.
IC 22-4-15-4
Retirement; annuities; Social Security
Sec. 4. (a) An individual shall be ineligible for waiting period orbenefit rights: For any week with respect to which the individualreceives, is receiving, or has received payments equal to or exceedinghis weekly benefit amount in the form of:
(1) deductible income as defined and applied in IC 22-4-5-1 andIC 22-4-5-2; or
(2) any pension, retirement or annuity payments, under any planof an employer whereby the employer contributes a portion orall of the money. This disqualification shall apply only if someor all of the benefits otherwise payable are chargeable to theexperience or reimbursable account of such employer, or wouldhave been chargeable except for the application of this chapter.For the purposes of this subdivision (2), federal old age,survivors and disability insurance benefits are not consideredpayments under a plan of an employer whereby the employermaintains the plan or contributes a portion or all of the moneyto the extent required by federal law.
(b) If the payments described in subsection (a) are less than hisweekly benefit amount an otherwise eligible individual shall not beineligible and shall be entitled to receive for such week benefitsreduced by the amount of such payments.
(c) This section does not preclude an individual from delaying aclaim to pension, retirement, or annuity payments until the individualhas received the benefits to which the individual would otherwise beeligible under this chapter. Weekly benefits received before the datethe individual elects to retire shall not be reduced by any pension,retirement, or annuity payments received on or after the date theindividual elects to retire.
(Formerly: Acts 1947, c.208, s.1505; Acts 1953, c.177, s.17; Acts1967, c.310, s.20; Acts 1971, P.L.355, SEC.38.) As amended by Acts1981, P.L.209, SEC.9; P.L.3-1998, SEC.1; P.L.290-2001, SEC.9.
IC 22-4-15-5
Receiving benefits from another state; federal employees' benefits
Sec. 5. Except as provided in IC 1971, 22-4-22, an individual shallbe ineligible for waiting period or benefit rights: For any week withrespect to which or a part of which he receives, is receiving, hasreceived or is seeking unemployment benefits under an
unemployment compensation law of another state or of the UnitedStates: Provided, That this disqualification shall not apply if theappropriate agency of such other state or of the United States finallydetermines that he is not entitled to such employment benefits,including benefits to federal civilian employees and ex-servicemenpursuant to 5 U.S.C. Chapter 85.
(Formerly: Acts 1947, c.208, s.1506; Acts 1953, c.177, s.18; Acts1955, c.317, s.9; Acts 1971, P.L.355, SEC.39.)
IC 22-4-15-6
Repealed
(Repealed by P.L.1-1991, SEC.150.)
IC 22-4-15-6.1
Gross misconduct
Sec. 6.1. (a) Notwithstanding any other provisions of this article,all of the individual's wage credits established prior to the day uponwhich the individual was discharged for gross misconduct inconnection with work are canceled.
(b) As used in this section, "gross misconduct" means any of thefollowing committed in connection with work, as determined by thedepartment by a preponderance of the evidence:
(1) A felony.
(2) A Class A misdemeanor.
(3) Working, or reporting for work, in a state of intoxicationcaused by the individual's use of alcohol or a controlledsubstance (as defined in IC 35-48-1-9).
(4) Battery on another individual while on the employer'sproperty or during working hours.
(5) Theft or embezzlement.
(6) Fraud.
(c) An employer:
(1) has the burden of proving by a preponderance of theevidence that a discharged employee's conduct was grossmisconduct; and
(2) may present evidence that the employer filled or maintainedthe position or job held by the discharged employee after theemployee's discharge.
(d) Evidence that a discharged employee's conduct did not resultin:
(1) a prosecution for an offense; or
(2) a conviction of an offense;
may be presented.
(e) If evidence is presented that an action or requirement of theemployer may have caused the conduct that is the basis for theemployee's discharge, the conduct is not gross misconduct under thissection.
(f) Lawful conduct not otherwise prohibited by an employer is notgross misconduct under this section.
As added by P.L.1-1991, SEC.151. Amended by P.L.175-2009,
SEC.25.
IC 22-4-15-7
Repealed
(Repealed by Acts 1971, P.L.355, SEC.47.)
IC 22-4-15-8
Private unemployment benefit plans
Sec. 8. Notwithstanding any other provisions of this article,benefits otherwise payable for any week under this article shall notbe denied or reduced on account of any payment or payments theclaimant receives, has received, will receive, or accrues right toreceive with respect to or based upon such week under a privateunemployment benefit plan financed in whole or part by theclaimant's employer or former employer. No claim for repayment ofbenefits and no deduction from benefits otherwise payable under thisarticle shall be made under IC 22-4-13-1(d) and IC 22-4-13-1(e)because of payments which have been or will be made under suchprivate unemployment benefit plans.
(Formerly: Acts 1947, c.208, s.1509; Acts 1957, c.129, s.2; Acts1959, c.241, s.1.) As amended by P.L.144-1986, SEC.104;P.L.108-2006, SEC.27.