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 after
July 6, 1980, an individual who has voluntarily left the individual's
most recent employment without good cause in connection with the
work or who was discharged from the individual's most recent
employment for just cause is ineligible for waiting period or benefit
rights for the week in which the disqualifying separation occurred
and until the individual has earned remuneration in employment
equal to or exceeding the weekly benefit amount of the individual's
claim in each of eight (8) weeks. If the qualification amount has not
been earned at the expiration of an individual's benefit period, the
unearned amount shall be carried forward to an extended benefit
period or to the benefit period of a subsequent claim.
(b) When it has been determined that an individual has been
separated from employment under disqualifying conditions as
outlined in this section, the maximum benefit amount of the
individual's current claim, as initially determined, shall be reduced
by an amount determined as follows:
(1) For the first separation from employment under
disqualifying conditions, the maximum benefit amount of the
individual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim, as initially determined; multiplied by
(B) seventy-five percent (75%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(2) For the second separation from employment under
disqualifying conditions, the maximum benefit amount of the
individual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (1); multiplied by
(B) eighty-five percent (85%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(3) For the third and any subsequent separation from
employment under disqualifying conditions, the maximum
benefit amount of the individual's current claim is equal to the
result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (2); multiplied by
(B) ninety percent (90%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(c) The disqualifications provided in this section shall be subject
to 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 employer
previously secured permanent full-time work which offered
reasonable expectation of continued covered employment
and betterment of wages or working conditions and
thereafter was employed on said job;
(B) having been simultaneously employed by two (2)
employers, the individual leaves one (1) such employer
voluntarily without good cause in connection with the work
but remains in employment with the second employer with
a reasonable expectation of continued employment; or
(C) the individual left to accept recall made by a base period
employer.
(2) An individual whose unemployment is the result of
medically substantiated physical disability and who is
involuntarily unemployed after having made reasonable efforts
to maintain the employment relationship shall not be subject to
disqualification under this section for such separation.
(3) An individual who left work to enter the armed forces of the
United States shall not be subject to disqualification under this
section for such leaving of work.
(4) An individual whose employment is terminated under the
compulsory retirement provision of a collective bargaining
agreement to which the employer is a party, or under any other
plan, system, or program, public or private, providing for
compulsory retirement and who is otherwise eligible shall not
be deemed to have left the individual's work voluntarily without
good cause in connection with the work. However, if such
individual subsequently becomes reemployed and thereafter
voluntarily leaves work without good cause in connection with
the work, the individual shall be deemed ineligible as outlined
in this section.
(5) An otherwise eligible individual shall not be denied benefits
for any week because the individual is in training approved
under Section 236(a)(1) of the Trade Act of 1974, nor shall the
individual be denied benefits by reason of leaving work to enter
such training, provided the work left is not suitable
employment, or because of the application to any week in
training of provisions in this law (or any applicable federal
unemployment compensation law), relating to availability for
work, active search for work, or refusal to accept work. For
purposes of this subdivision, the term "suitable employment"
means with respect to an individual, work of a substantially
equal or higher skill level than the individual's past adversely
affected employment (as defined for purposes of the Trade Act
of 1974), and wages for such work at not less than eighty
percent (80%) of the individual's average weekly wage as
determined for the purposes of the Trade Act of 1974.
(6) An individual is not subject to disqualification because of
separation from the individual's employment if:
(A) the employment was outside the individual's labor
market;
(B) the individual left to accept previously secured full-time
work with an employer in the individual's labor market; and
(C) the individual actually became employed with the
employer in the individual's labor market.
(7) An individual who, but for the voluntary separation to move
to another labor market to join a spouse who had moved to that
labor market, shall not be disqualified for that voluntary
separation, if the individual is otherwise eligible for benefits.
Benefits paid to the spouse whose eligibility is established
under this subdivision shall not be charged against the employer
from whom the spouse voluntarily separated.
(8) An individual shall not be subject to disqualification if the
individual voluntarily left employment or was discharged due
to circumstances directly caused by domestic or family violence
(as defined in IC 31-9-2-42). An individual who may be entitled
to benefits based on this modification may apply to the office of
the attorney general under IC 5-26.5 to have an address
designated by the office of the attorney general to serve as the
individual's address for purposes of this article.
As used in this subsection, "labor market" means the area
surrounding an individual's permanent residence, outside which the
individual cannot reasonably commute on a daily basis. In
determining whether an individual can reasonably commute under
this subdivision, the department shall consider the nature of the
individual's job.
(d) "Discharge for just cause" as used in this section is defined to
include but not be limited to:
(1) separation initiated by an employer for falsification of an
employment application to obtain employment through
subterfuge;
(2) knowing violation of a reasonable and uniformly enforced
rule of an employer, including a rule regarding attendance;
(3) if an employer does not have a rule regarding attendance, an
individual's unsatisfactory attendance, if the individual cannot
show good cause for absences or tardiness;
(4) damaging the employer's property through willful
negligence;
(5) refusing to obey instructions;
(6) reporting to work under the influence of alcohol or drugs or
consuming alcohol or drugs on employer's premises during
working hours;
(7) conduct endangering safety of self or coworkers;
(8) incarceration in jail following conviction of a misdemeanor
or felony by a court of competent jurisdiction; or
(9) any breach of duty in connection with work which is
reasonably owed an employer by an employee.
(e) To verify that domestic or family violence has occurred, an
individual 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 in
IC 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 provider
verifying services provided to the individual by the domestic
violence service provider.
(Formerly: Acts 1947, c.208, s.1501; Acts 1957, c.261, s.1; Acts
1965, 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 amended
by Acts 1977, P.L.262, SEC.25; Acts 1980, P.L.158, SEC.5; Acts
1982, 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 to
extended benefit rights
Sec. 2. (a) With respect to benefit periods established on and after
July 3, 1977, an individual is ineligible for waiting period or benefit
rights, or extended benefit rights, if the department finds that, being
totally, partially, or part-totally unemployed at the time when the
work offer is effective or when the individual is directed to apply for
work, the individual fails without good cause:
(1) to apply for available, suitable work when directed by the
commissioner, the deputy, or an authorized representative of the
department of workforce development or the United States
training and employment service;
(2) to accept, at any time after the individual is notified of a
separation, suitable work when found for and offered to the
individual by the commissioner, the deputy, or an authorized
representative of the department of workforce development or
the United States training and employment service, or an
employment unit; or
(3) to return to the individual's customary self-employment
when directed by the commissioner or the deputy.
(b) With respect to benefit periods established on and after July
6, 1980, the ineligibility shall continue for the week in which the
failure occurs and until the individual earns remuneration in
employment equal to or exceeding the weekly benefit amount of the
individual's claim in each of eight (8) weeks. If the qualification
amount has not been earned at the expiration of an individual's
benefit period, the unearned amount shall be carried forward to an
extended benefit period or to the benefit period of a subsequent
claim.
(c) With respect to extended benefit periods established on and
after July 5, 1981, the ineligibility shall continue for the week in
which the failure occurs and until the individual earns remuneration
in 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 as
outlined in this section, the maximum benefit amount of the
individual's current claim, as initially determined, shall be reduced
by an amount determined as follows:
(1) For the first failure to apply for or accept suitable work, the
maximum benefit amount of the individual's current claim is
equal to the result of:
(A) the maximum benefit amount of the individual's current
claim, as initially determined; multiplied by
(B) seventy-five percent (75%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(2) For the second failure to apply for or accept suitable work,
the maximum benefit amount of the individual's current claim
is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (1); multiplied by
(B) eighty-five percent (85%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(3) For the third and any subsequent failure to apply for or
accept suitable work, the maximum benefit amount of the
individual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (2); multiplied by
(B) ninety percent (90%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(e) 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. During the fifth through the eighth consecutive
week of claiming benefits, work is not considered unsuitable solely
because the work pays not less than ninety percent (90%) of the
individual's prior weekly wage. After eight (8) consecutive weeks of
claiming benefits, work is not considered unsuitable solely because
the work pays not less than eighty percent (80%) of the individual's
prior weekly wage. However, work is not considered suitable under
this section if the work pays less than Indiana's minimum wage as
determined under IC 22-2-2. For an individual who is subject to
section 1(c)(8) of this chapter, the determination of suitable work for
the individual must reasonably accommodate the individual's need to
address the physical, psychological, legal, and other effects of
domestic or family violence.
(f) 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) Notwithstanding subsection (e), 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 (e).
(h) 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 conditions:
(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) The department of workforce development shall refer
individuals eligible for extended benefits to any suitable work (as
defined in subsection (g)) to which subsection (h) would not apply.
(Formerly: Acts 1947, c.208, s.1502; Acts 1953, c.177, s.15; Acts
1957, 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 or
benefit rights for any week with respect to which his total or partial
or 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 has
terminated his employment, or his employment has been terminated,
with the employer involved in the labor dispute; or if the labor
dispute which caused his unemployment has terminated and any
period necessary to resume normal activities at his place of
employment has elapsed; or if all of the following conditions exist:
He is not participating in or financing or directly interested in the
labor dispute which caused his unemployment: and he does not
belong to a grade or class of workers of which, immediately before
the commencement of his unemployment, there were members
employed at the same premises as he, any of whom are participating
in or financing or directly interested in the dispute; and he has not
voluntarily stopped working, other than at the direction of his
employer, in sympathy with employees in some other establishment
or factory in which a labor dispute is in progress.
(c) If in any case separate branches of work which are commonly
conducted as separate businesses in separate premises are conducted
in separate departments of the same premises, each such department
shall, for the purpose of this section, be deemed to be a separate
factory, establishment, or other premises.
(d) Upon request of any claimant or employer involved in an issue
arising under this section, the deputy shall, and in any other case the
deputy may, refer claims of individuals with respect to whom there
is an issue of the application of this section to an administrative law
judge 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, an
individual shall not be ineligible for waiting period or benefit rights
under this section solely by reason of his failure or refusal to apply
for or to accept recall to work or reemployment with an employer
during the continuance of a labor dispute at the factory,
establishment, or other premises of the employer, if the individual's
last separation from the employer occurred prior to the start of the
labor dispute and was permanent or for an indefinite period.
(Formerly: Acts 1947, c.208, s.1504; Acts 1953, c.177, s.16; Acts
1971, P.L.355, SEC.37; Acts 1974, P.L.110, SEC.6.) As amended by
Acts 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 or
benefit rights: For any week with respect to which the individual
receives, is receiving, or has received payments equal to or exceeding
his weekly benefit amount in the form of:
(1) deductible income as defined and applied in IC 22-4-5-1 and
IC 22-4-5-2; or
(2) any pension, retirement or annuity payments, under any plan
of an employer whereby the employer contributes a portion or
all of the money. This disqualification shall apply only if some
or all of the benefits otherwise payable are chargeable to the
experience or reimbursable account of such employer, or would
have 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 considered
payments under a plan of an employer whereby the employer
maintains the plan or contributes a portion or all of the money
to the extent required by federal law.
(b) If the payments described in subsection (a) are less than his
weekly benefit amount an otherwise eligible individual shall not be
ineligible and shall be entitled to receive for such week benefits
reduced by the amount of such payments.
(c) This section does not preclude an individual from delaying a
claim to pension, retirement, or annuity payments until the individual
has received the benefits to which the individual would otherwise be
eligible under this chapter. Weekly benefits received before the date
the individual elects to retire shall not be reduced by any pension,
retirement, or annuity payments received on or after the date the
individual elects to retire.
(Formerly: Acts 1947, c.208, s.1505; Acts 1953, c.177, s.17; Acts
1967, c.310, s.20; Acts 1971, P.L.355, SEC.38.) As amended by Acts
1981, 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 shall
be ineligible for waiting period or benefit rights: For any week with
respect to which or a part of which he receives, is receiving, has
received or is seeking unemployment benefits under an
unemployment compensation law of another state or of the United
States: Provided, That this disqualification shall not apply if the
appropriate agency of such other state or of the United States finally
determines that he is not entitled to such employment benefits,
including benefits to federal civilian employees and ex-servicemen
pursuant to 5 U.S.C. Chapter 85.
(Formerly: Acts 1947, c.208, s.1506; Acts 1953, c.177, s.18; Acts
1955, 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 upon
which the individual was discharged for gross misconduct in
connection with work are canceled.
(b) As used in this section, "gross misconduct" means any of the
following committed in connection with work, as determined by the
department by a preponderance of the evidence:
(1) A felony.
(2) A Class A misdemeanor.
(3) Working, or reporting for work, in a state of intoxication
caused by the individual's use of alcohol or a controlled
substance (as defined in IC 35-48-1-9).
(4) Battery on another individual while on the employer's
property or during working hours.
(5) Theft or embezzlement.
(6) Fraud.
(c) An employer:
(1) has the burden of proving by a preponderance of the
evidence that a discharged employee's conduct was gross
misconduct; and
(2) may present evidence that the employer filled or maintained
the position or job held by the discharged employee after the
employee's discharge.
(d) Evidence that a discharged employee's conduct did not result
in:
(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 the
employer may have caused the conduct that is the basis for the
employee's discharge, the conduct is not gross misconduct under this
section.
(f) Lawful conduct not otherwise prohibited by an employer is not
gross 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 not
be denied or reduced on account of any payment or payments the
claimant receives, has received, will receive, or accrues right to
receive with respect to or based upon such week under a private
unemployment benefit plan financed in whole or part by the
claimant's employer or former employer. No claim for repayment of
benefits and no deduction from benefits otherwise payable under this
article 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 such
private unemployment benefit plans.
(Formerly: Acts 1947, c.208, s.1509; Acts 1957, c.129, s.2; Acts
1959, c.241, s.1.) As amended by P.L.144-1986, SEC.104;
P.L.108-2006, SEC.27.