IDES - Benefit Rights Information for Claimants and Employers

Benefit Rights Information for Claimants and Employers

Benefit Rights Information for Claimants and Employers

​​​

Free Legal Services for Claiman​ts and Employers
 

Unemployment Insurance Rights for Claimant​s


 

  

Free Legal Services

IDES contracts with private law firms to provide limited free legal services (consultation and/or representation at IDES administrative hearings) to claimants and small employers who are eligible for this service. These independent law firms are not part of IDES. Representation at your hearing is not automatic and depends, in part, upon the facts in your case.
 
Note: A small employer is an employer which reported wages paid to less than twenty individuals, whether part time or full time, for each of any two of the four calendar quarters preceding the quarter in which its application for legal assistance is made.
 
If you are interested in this legal service, call the applicable telephone number right away after receiving a ruling against you or notice of an appeal. Any delay in calling could result in your not being able to obtain this service. Normal working hours are from 8:30 a.m. until 5:00p.m., Monday through Friday.

Claimants:  
(SSN ending with 0-4) (SSN ending with 5-9)
Toll-Free:​ (800) 884-6591​​ Toll-Free: (888) 430-1776
Out of State: (847) 991-9240 Phone: (847) 251-1776
TTY: (866) 848-5609 TTY: (847) 251-6985
   
Small Employers:  
(UI Acct. No. ending with 0-4) (UI Acct. No. ending with 5-9)
Toll-Free: (866) 641-4288 Toll-Free: (877) 849-2007
TTY: (312) 641-6403 TTY: (866) 802-8732

   

Unemployment Insurance Rights for Claimants

 

What Every Worker Should Know About Unemployment Insurance

The Illinois Department of Employment Security (IDES) administers the unemployment insurance program for the State of Illinois. You are entitled to unemployment insurance benefits while you are unemployed if you meet the legal requirements. Benefits are financed by employer payroll taxes – not by any deductions from your wages.

 
 
 

Who Qualifies for Unemployment Insurance?

​​1. To qualify, you must have earned at least $1,600 during a recent 12-month period (known as the base period) and you must have earned at least $440 outside of the base period quarter in which your earnings were the highest. If you do not qualify under the standard base period, IDES may use the most recent four completed quarters as an alternate base period.

    ​​If Y​our Benefit Year Begins:​ ​Your Base Period Will Be: ​Your Alternate Base Period will be:
    This Year Between:
    Jan. 1 and March 31  
    ​Last Year Between: Jan. 1 and Sept. 30 and the year before between Oct. 1 and Dec. 31 ​Last year between:
    Jan. 1 and Dec. 31
    ​This Year Between:
    April 1 and June 30 
    ​Last Year Between:
    Jan. 1 and Dec. 31
    ​Last year between:
    April 1 and Dec. 31 and this year between Jan. 1 and March 31
    ​This Year Between:
    July 1 and Sept. 30 
    ​Last Year Between: April 1 and Dec. 31 and this year between Jan. 1 and March 31 ​ Last year between:
    July 1 and Dec. 31 and this year between Jan. 1 and June 30
    ​This Year Between:
    Oct. 1 and Dec. 31
    ​Last Year Between: July 1 and Dec. 31 and this year between Jan. 1 and June 30 ​Last year between:
    Oct. 1 and Dec. 31 and this year between Jan. 1 and Sept. 30
*If you have been awarded temporary total disability benefits under a workers’ compensation act or other similar acts, or if you only have worked within the last few months, your base period may be determined differently.

​2. ​Your employer must be subject to the State's unemployment insurance law. Among the types of work not covered are certain agricultural, domestic, railroad and government work, and certain work done for one's family and on commission.2. Your employer must be subject to the State’s unemployment insurance law. Among the types of work not covered are certain agricultural, domestic, railroad and government work, and certain work done for one’s family and on commission.

3. You must either be entirely out of work or be working less than full-time because full time work is not available. Your earnings must fall below a certain threshold determined at the time you file your claim.

4. Your unemployment must be involuntary. You may be disqualified if you: quit your job voluntarily without good cause attributable to your employer; were discharged for misconduct in connection with your work; were discharged for a felony or theft in connection with your work; or are out of work because of a labor dispute.4. Your unemployment must be involuntary. You may be disqualified if you: 
a. quit your job voluntarily without good cause attributable to your employer; 
b. were discharged for misconduct in connection with your work; 
c. were discharged for a felony or theft in connection with your work; or
d. are out of work because of a labor dispute

5. You must be able and available to work. Benefits are not paid for any period in which you are on vacation, when your principle occupation is that of a student (you may be eligible if you are attending a training course approved by the IDES Director) or while you engage in any other activity that makes you unavailable for work. Benefits are not paid for any day or days on which you are unable to work because of illness, disability, family responsibilities, lack of transportation, etc.

6. You must be actively seeking work and willing to accept any suitable job offered. You must keep a log of your job search activities in every week for which you claim benefits. If your eligibility is challenged, you may be required to produce that document.

 

Illinois Employment Service Registration Requirement:

7. You must complete registration with Illinois Employment Services at IllinoisJobLink.com before unemployment insurance benefits can be paid. Once completing your registration at IllinoisJobLink.com, you can create a resume and search for work.

 

Information Needed to File for Benefits:

  •  Your Social Security Number and Name as it appears on your Social Security card;
  •  Your Driver License / State ID (this will provide your weight, which is required when filing);
  •  If claiming your spouse or child as a dependent, the Social Security Number, date of birth and name(s) of dependent(s);
  •  Name, mailing address, phone number, employment dates, and separation reason for all the employers you worked for in the last 18 months;
    •  Wage records (W-2 form, check stubs, etc.) from these employers may be necessary.
  •  If you worked since Sunday of this week, the gross wages earned this week; 
    •  You must report all gross wages for any work performed, full or part-time; 
    •  Gross means the total amount earned before deductions, not “take home pay”, including wages in the form of lodging, meals, merchandise or any other form; 
    •  Gross wages must be reported the week in which they are earned, not the week in which you receive the wages; 
    •  If your gross wages earned in any week are less than your weekly benefit amount, you still may be eligible to receive a full or partial benefit payment);
  •  Records of any pension payments you are receiving (not including Social Security);
  •  If you are not a United States citizen, your Alien Registration Information;
  •  If you are a recently separated veteran, the Member 4 Copy of the DD form 214 / 215;
    • Other copies of the DD Form 214 / 215 are acceptable, but the Member 4 copy is the most commonly available.
  •  If you are separated from work as a civilian employee of the federal government, copies of your Standard Form 8 and Personnel Action Form 50.
     
 

When and Where to File

 

File your claim for unemployment insurance benefits during the first week after you have become unemployed. We recommend filing for benefits online or you may file in person at a local IDES office. Check our website for office locations. If you are uncertain about your eligibility for benefits, contact IDES for further information.

 
Please review the Unemployment Insurance Benefits Handbook for additional requirements and more detailed information. This and other publications are available online.

If you have additional questions, please call IDES Claimant Services at (800) 244-5631 or TTY: (866) 488-4016.


The law provides jail sentences and fines if you attempt to obtain benefits fraudulently by withholding pertinent information or by making false statements with your claim.
 

   

"I Filed My Cla​im, What Happens Now?"

 
 
UI Claimant Wage Information Sheet​
 

In the next 7-10 days, you will receive a UI Claimant Wage Information Sheet, or UI Finding, in the mail (see below). It contains information including your weekly benefit amount and certification day.

ifiled.jpg 
 

   

Certification Process

You must certify for your eligibility every two weeks. There are two ways to claim your weeks of unemployment insurance benefits: certify online via the website or by phone using the Tele-Serve system. You can certify for benefits online at http://www.ides.illinois.gov/certify. ​You must report all gross wages earned during the weeks covered by the certification. These wages must be reported for the week in which they are earned, not the week in which you receive payment. If your gross wages in any week are less than your weekly benefit amount, you may still be eligible to receive part of your benefit payment. You must certify on the day indicated regardless of a pending adjudication interview. If you miss your regular certification day, you can still certify on Thursday or Friday of that week. There are two ways you can certify: over the telephone and on the IDES website. Late certifications will not be accepted. Failure to certify on your assigned day could cause denial of benefits or a delay in processing your benefits.

    • You should receive your payment and/or other response within 10 working days after filing your certification. Tele-Serve allows you to get information about your benefits whether you certify by Internet, mail or by phone. When calling for payment information, telephone filers should allow one business day after filing. You must allow time for processing and delivery.
    • Online Certification

Monday through Friday 5:00 a.m. to 7:30 p.m.

Go to our website at www.ides.illinois.gov and select Unemployment Insurance under the Individuals menu. Click on the link that says Certify for Weekly Benefits or Certify Online. (Alternately, you may click on "Select one" in the "Sign In to My Account" box at the top-right of the home page, select File Certification, and click on the Go arrow.)

Review the information under Common Mistakes Made By UI Claimants, then click on the Certify for Benefits link at the bottom of the page. This will take you to the log in page.

    • Tele-Serve

Monday through Friday 5:00 a.m. to 7:30 p.m.
(312)338-IDES / (312) 338-4337
TDD/TTY 1-800-662-3943
The first time you call, you will create a personal identification number (PIN). Write it down and keep it in a safe and secure place. Do not share your PIN with anyone else. You'll need it every time you call. When you call, have the following information available:

      1. Your social security number and your PIN,
      2. Any gross wages you earned (before taxes and other deductions) during the certification period,
      3. Paper and pencil to record any information given to you during your call.

After dialing Tele-Serve, enter your PIN and answer the automated questions using a touch- tone phone. Do not hang up until

Tele-Serve tells you your claim has been accepted.

Press 2: To file an additional claim or to reopen a claim for unemployment insurance
Press 3: To check the status of your claim (also to request Federal Income Tax form 1099G)
Press 4: Establish or change your PIN
Press 5: Obtain general information
Certification Questions
certification.PNG 

Below is a list of questions that will be asked during the certification process. You should review and prepare the answers before you certify to ensure quick, accurate certification. Your answers to the questions will determine your eligibility for benefits. Also, depending on the program from which you are receiving benefits, you may be asked additional questions.​

 

  1. Have you received or will you receive holiday pay during the period of Sunday (week 1 beginning date) through Saturday (week 2 ending date)? Tip: Make sure you have your holiday pay amount available.

    1. If yes, enter the gross amount of your holiday pay (before deductions) for each week.

  2. Did you work during the period of Sunday (week 1 beginning date) through Saturday (week 2 ending date)? Tip: Have your gross earnings before taxes and other deductions available.

    1. If yes, enter the total amount of earnings (before deductions) for each week.

  3. Has your dependency status changed during this certification period?

  4. Were you able and available to work each day during your normal work week?

    1. If no, enter the number of days you were unavailable for work in each of the weeks.

  5. Did you actively look for work for the week of Sunday (week 1 beginning date) through Saturday (week 2 ending date)?

  6. Are you receiving or have you applied for primary Social Security benefits?

  7. Other than Social Security, are you receiving or have you applied for a retirement or disability pension?

    1. If yes, has the amount changed?

  8. Did you attend school or receive training?

    1. If yes, did you attend all scheduled training courses?

    2. If no, enter the number of days that you did not attend class.

  9. Do you have a current workers' compensation claim or do you expect to receive workers' compensation for a temporary disability?

  10. Has your phone number changed?

    1. If yes, enter your new ten-digit telephone number.

  11. Has your mailing address changed?

 

Interview Process
 
It may be necessary for you to be interviewed regarding your eligibility for benefits. In these cases, you will be informed on the day you file your claim of the date and time of the interview, or you will receive a notice by mail providing you with this information. Most interviews will be conducted by telephone. Failure to be available for the interview may affect your eligibility for benefits. If you cannot be available at the date and time of the scheduled interview, it is your responsibility to contact IDES.
 
Direct Deposit and Debit Cards

 

Unemployment Insurance (UI) Benefits can be paid automatically through direct deposit to a checking or savings account. Direct deposit is a simple, smart, secure choice for receiving benefits. You won't need a debit card or have to establish a PIN to access funds. Thus, there is no chance of a lost or stolen debit card. There are no additional banking fees associated with direct deposit. Direct deposits can be established online. You should receive the benefit payment by direct deposit or debit card approximately three days after you certify.
 
    Conduct and Track your Work Search
 

Conduct and track your work search online at www.IllinoisJobLink.com, the State of Illinois online job board. If you conduct your search for work while signed in to www.IllinoisJobLink.com, your work search record will be automatically logged. You may also track work search conducted outside of www.IllinoisJobLink.com on a Work Search Record form. Forms are available online. ​

 

    Address and Name Changes

 

 The Postal Service will not forward IDES mail. To change your address, name, or other information, please contact IDES Claimants Services.

 

    A Few Simple Guidelines to Avoid Claim Processing Delays

 
    • Your claim information is confidential under the law. We cannot give claim information to your spouse or other family members. However, pursuant to Section 1900 of the Unemployment Insurance Act, any information that you provide to the Department of Employment Security in connection with your claim may be shared with your former employers or their representatives.
    • You must serve a waiting week on each benefit year. This is the first eligible week of your claim. No benefits are paid for the waiting week. To receive waiting week credit, you must file a claim for the week and be otherwise eligible for benefits for the week.
    • Unemployment Insurance is subject to State and Federal income taxes You may voluntarily elect to have either or both State and Federal income taxes deducted and withheld from your benefit payments. Withholding is at pre-set levels only: 10% for Federal and 4.95% for State of Illinois.
    • If you were last employed by a temporary help firm, failure to contact that firm each week may affect your eligibility for benefits. ​
    • Under Federal guidelines, you may be identified as eligible for reemployment services offered by various state and local organizations. If you are referred by IDES to any of these reemployment services, you are required to participate in those services, or your benefits may be suspended.
    • Report your return to work to IDES immediately! Employers are required to promptly report all new hires to this agency. These reports are used to identify individuals who are collecting Unemployment Insurance benefits after they have returned to work. Failure to report your return to work or all gross wages earned during weeks covered by your certification will result in an overpayment of benefits and possibly a determination of fraud. If fraud is determined, consequences could include the imposition of penalty weeks, and prosecution for State benefit fraud.
    • You have the right to appeal any decision denying your benefits. If you have any questions about your appeal rights, contact IDES. If you filed an appeal, continue to file your certification for your weeks of unemployment even though you may not receive benefits until the appeal is decided.
    • Keep in touch with the Employment Service. We encourage you to visit www.IllinoisJobLink.com, our online job search system, to view job listings. On any given day, www.IllinoisJobLink.com will contain thousands of jobs in Illinois and around the U.S., together with information on Federal civil service job opportunities. Log on at www.IllinoisJobLink.com​.​
     

    Important Numbers

 
Tele-Serve: (312) 338-IDES / (312) 338-4337
 

TDD/TTY: 1-800-662-3943

     

Claimant Services: 1-800-244-5631

TTY1-866-322-8357

    IMPORTANT ​NOTICES:
     
    WHY IDES COLLECTS AND USES PEOP​LE'S SOCIAL SECURITY NUMBERS?
     
    The Illinois Department of Employment Security collects and uses social security numbers (SSNs) in the administration of the unemployment insurance and employment service programs. State and federal law require the Department to use SSNs for the purpose of verifying the identity of unemployment benefit claimants. SSNs are used in the administration of the employment service program to verify that unemployment benefit claimants have registered for work with the employment service, as required by law. The Department also uses SSNs in the development of aggregate statistics. The aggregate statistics do not identify individuals or disclose any SSNs. The Department complies with the strict requirements set forth in federal and state law for maintaining the confidentiality of SSNs and protecting against their unauthorized disclosure.
     
    TRA ASSISTANCE BENEFITS
     
    Workers who lose their jobs or who experience reduced work hours and wages as a result of increased imports or the shifting of their jobs to other countries may qualify for additional benefits under the federal Trade Act of 1974 and its amendments (Trade Act of 2002 or Trade and Globalization Adjustment Assistance Act 2009 or Trade Adjustment Assistance Extension Act of 2011.) The worker group must be certified as eligible by the United States Department of Labor. The benefits administered by IDES include income support, the Health Coverage Tax Credit and reemployment wage supplement for older workers.
     
    EQUAL OPPORTUNITY IS THE LAW
     
    The Illinois Department of Employment Security (IDES) administers programs authorized under the Wagner-Peyser Act (Employment Service) and Unemployment Insurance programs authorized under Title III of the Social Security Act. It is against the law for the Illinois Department of Employment Security (IDES), a recipient of federal financial assistance, to discriminate on the following bases: Against any individual in the United States, on the basis of race, age, color, religion, sex, national origin, disability, political affiliation or belief; and against any beneficiary of programs financially assisted under Title I of the Workforce Investment Act of 1998 (WIA), on the basis of the beneficiary's citizenship/status as a lawfully admitted immigrant authorized to work in the United States, or his or her participation in any WIA Title I-financially assisted program or activity.
     
    IDES Must Not Discriminate in Any of the Following Areas:
     
    Deciding who will be admitted, or have access, to any WIA Title I-financially assisted program or activity; providing opportunities in, or treating any person with regard to, such a program or activity; or making employment decisions in the administration of, or in connection with, such a program or activity.
     
    What To Do If You Believe You Have Experienced Discrimination:
     
    If you think that you have been subjected to discrimination under the "Employment Service" or "Unemployment Insurance" programs or activity, you may file a complaint within 180 days from the date of the alleged violation with either: The IDES Equal Opportunity Officer, Office of Equal Employment Opportunity/Affirmative Action, 33 S. State Street, Chicago, Illinois 60603- 2803 or: The Director of the Civil Rights Center (CRC) U.S. Department of Labor, 200 Constitution Avenue NW, Room N-4123, Washington, DC 20210 If you file your complaint with IDES, you must either wait until IDES issues a written Notice of Final Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address above). If IDES does not give you a written Notice of Final Action within 90 days of the day on which you filed your complaint, you do not have to wait for IDES to issue that Notice before filing a complaint with CRC. However, you must file your CRC complaint within 30 days of the 90- day deadline (in other words, within 120 days after the day on which you filed your complaint with IDES). If IDES does give you a written Notice of Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must file your CRC complaint within 30 days of the date on which you received the IDES Notice of Final Action. IDES is an equal opportunity employer and complies with all state and federal non discrimination laws in the administration of its programs. Auxiliary aids and services are available upon request to individuals with disabilities. Contact the Office Manager of the IDES office nearest you or the Equal Opportunity Officer​.
     

  

    Unemployment Insurance Rights for Employers

     

    A. Notice Of Claim

     

    As soon as possible after a claim is filed for benefits, a “Notice of Claim to Last Employing Unit” and “Last Employer or Other Interested Party” is sent to the claimant’s last employing unit, the employer whose experience rating will be chargeable if benefits are paid to the individual and to any other individual or organization for which the individual provided services subsequent to the beginning of the claimant’s benefit year. The same notice is sent when an additional claim or a claim for Extended Benefits is first filed.

     

    An employer that receives the above Notice and which believes that the claimant may be ineligible for benefits for any reason, must immediately file a letter or a Notice of Possible Ineligibility (Form ADJ030F) (return copy) if it wishes to be a party to the claims adjudicator’s determination. Unless the employer is a party to a determination, it does not have the right to appeal an adverse determination. This Notice must be mailed to the Illinois Department of Employment Security by the designated “REPLY DUE DATE” (within 10 days from the NOTICE OF CLAIM). As mentioned above, if the Notice is not sent by the employer within the time period required, the employer loses its appeal rights except with regard to the issues of availability, disqualifying income, refusal of work or “not unemployed” for subsequent weeks. (Section 702 and 56 Ill. Adm. Code 2720.130)

     

    Pursuant to 56 III. Adm. Code 2720.132, if an employing unit discharges an individual for an alleged felony or theft connected with his work, the employing unit must notify:

     

    Illinois Dept. of Employment Security
    Labor Dispute & Determination Section
    33 South State St.
    Chicago, Illinois 60603

     

    The notification must be sent within 10 days of the date that the individual files his next claim for benefits. This notice must meet the sufficiency requirements of Section 602B of the Act. It is advisable that the employing unit mail this notice to the Department as soon as possible after the separation of the individual from the employing unit.

     

    B. Notice Of Possible Ineligibility Form ADJ030F (Return copy)

     

    A Notice of Possible Ineligibility (Form ADJ030F) or a letter containing the equivalent information should be mailed or faxed to the designated office within 10 days of the date of the notice of claim.

     

    Failure to file a Notice within 10 days will result in a loss of party status and appeal rights. (Section 702 and 56 Ill. Adm. Code 2720.130)

     

    Information contained on the Notice should include the names, addresses and telephone numbers of persons having personal knowledge of the facts and circumstances supporting the allegations.

     

    The Notice must also meet the sufficiency requirements of 56 Ill. Adm. Code 2720.130(c) as follows:

     

    1. A separate Notice should be sent for each claimant.

     

    2. The allegations must be supported by material reasons or facts, rather than conclusions of law. (Section 702)

     

    3. If the employer alleges that the claimant is ineligible for benefits because of vacation pay, the employer must state the amount paid and must also designate the period to which such pay is allocated. (Section 610 and 56 Ill. Adm. Code 2920.30)

     

    4. If the employer alleges that the claimant is not eligible for benefits because of a labor dispute, the employer must provide the Department with the name and social security number of each worker involved in the dispute within five days of the start of the period of the work stoppage due to such labor dispute. (Section 604)

     

    If the Department determines that the Notice has not met the sufficiency requirements, the Notice will be returned with a description of the needed information.

     

    If the requested information is mailed back within 10 days of the date the Department returned the Notice to the employer, the Notice will be considered filed on the date that the Department originally received it. (56 Ill. Adm. Code 2720.130(e))

     

    The Department will not return the Notice more than once. A determination that a Notice is insufficient may be appealed.

     

    It is of the utmost importance that each allegation on the Notice of Possible Ineligibility be supported by as detailed a statement of the facts as possible. The claims adjudicator can make a correct determination only to the extent that the facts and circumstances relevant to the claim are known to him. A mere allegation that a worker has been discharged for misconduct connected with the work is inadequate. An allegation should be supported by a summary of the events which led to the worker’s discharge. Similarly, an allegation that the worker is not available for work should be supported by a statement of the facts that led the employer to believe that the worker is unavailable.

     

    C. Claims Adjudicator’s Determination As to Eligibility

     

    For each week for which a claim for benefits is made, a claims adjudicator makes a determination as to the claimant’s eligibility. (Section 702 and 56 Ill. Adm. Code 2720.140)

     

    An employer that has filed a sufficient Notice of Possible Ineligibility within the 10-day time limit is a party to such determination and is entitled to a notice of the determination and has the right to appeal it. The General Assembly, with the approval of the Governor, has allocated one million dollars to provide free legal assistance to “small employers” (less than 20 employees during two of the four quarters preceding the request for free assistance) at Departmental hearings. To implement this provision, the Department contracted with a private law firm to provide this assistance. A contact telephone number is printed on determinations, decisions, etc., the appeals of which are covered by this program.

     

    If no Notice of Possible Ineligibility or letter has been filed within the time limit, the employing unit is not a party to the determination.

     

    Even though an employer does not send a Notice within the proper time limit, the claims adjudicator will consider the information disclosed on the late Notice in making his/her determination or in reconsidering a determination already made. An employer should send a Notice if it believes the claimant to be ineligible, even though the 10-day period has expired. A late Notice does not make the employer a party to the determination and cannot be made the basis of an appeal except with respect to the issues of availability, disqualifying income, refusal of work or “not unem­ployed,” for subsequent weeks. However, the non-party employer will receive a copy of the determination for its information only. (56 Ill. Adm. Code 2720.140)

     

    An employer that has filed a sufficient and timely Notice of Possible Ineligibility alleging an issue of availability, disqualifying income, refusal of work or “not unemployed” becomes a party to any determination made with respect to the week for which the

     

    Notice is received. Such employer will have appeal rights to the determination.

     

    Any employer that does not receive a Notice of Claim but which has knowledge of facts indicating the possible ineligibility of the claimant may mail a Notice of Possible Ineligibility or a letter containing the information to Claimant Services, Department of Employment Security or to the local office.

     

    D. Report of Workers Affected By A Labor Dispute

     

    An employer that wishes to contest a worker’s eligibility for benefits on the grounds that his unemployment is due to a stoppage of work because of a labor dispute must, within five days after the worker’s unemployment begins, mail to:

     

    Illinois Dept. of Employment Security
    Labor Dispute & Determination Section
    33 South State St.
    Chicago, Illinois 60603

     

    A Report of Workers Affected by Labor Dispute (Form ADJ027FE) or a letter setting forth the names and social security numbers of the workers involved and the establishment affected by the labor dispute.

     

    Upon receipt of the employer’s list, a Labor Dispute Questionnaire (Form ADJ032FE) is sent to the employer and to either the union or to the designated representative of the employees involved in the labor dispute.

     

    This questionnaire must be returned within 10 days or the adjudicator will issue his determination based on the information that is included in the record at that time. Form ADJ027FE pertains only to possible ineligibility resulting from a labor dispute and does not operate as a Notice of Possible Ineligibility with respect to any other issue. If any other issue exists, Form ADJ030F should be used. (Section 604 and 56 Ill. Adm. Code 2720.130(d)(3))

     

    E. Notice of Determination

     

    If a sufficient and timely Notice of Possible Ineligibility (Form ADJ030F) is filed by an employer, the employer will be sent a Notice of the Claims Adjudicator’s Determination (Form ADJ004L).

     

    In the case of a labor dispute, if an employer files a timely Report of Workers Affected by Labor Dispute (Form ADJ027FE), the employer will be sent a Notice of the Claims Adjudicator’s Determination accompanied by Form ADJ004L.

     

    In either case, if the employer believes that the determination is not correct, it must file its appeal with the claims adjudicator at the address provided therein within 30 days of the mailing date of the notice of the determination. If such an appeal is filed on time, a hearing will be scheduled and the parties will be notified of the time and place of such hearing. The General Assembly, with the approval of the Governor, has allocated one million dollars to provide free legal assistance to “small employers” (less than 20 employees during two of the four quarters preceding the request for free assistance) at Departmental hearings. To implement this provision, the Department contracted with a private law firm to provide this assistance. A contact telephone number is printed on determinations, decisions, etc., the appeals of which are covered by this program.​

     

      

    Rules Governing the UI Claim Process


     

    Sections of the UI Act Governing Benefit Eligibility

    (820 ILCS 405/500) (from Ch. 48, par. 420)

    Sec. 500. Eligibility for benefits.

    An unemployed individual shall be eligible to receive benefits with respect to any week only if the Director finds that:

    ​A. He has registered for work at and thereafter has continued to report at an employment office in accordance with such regulations as the Director may prescribe, except that the Director may, by regulation, waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs, and as to such other types of cases or situations with respect to which he finds that compliance with such requirements would be oppressive or inconsistent with the purposes of this Act, provided that no such regulation shall conflict with Section 400 of this Act.

    B. He has made a claim for benefits with respect to such week in accordance with such regulations as the Director may prescribe.

    C. He is able to work, and is available for work; provided that during the period in question he was actively seeking work and he has certified such. Whenever requested to do so by the Director, the individual shall, in the manner the Director prescribes by regulation, inform the Department of the places at which he has sought work during the period in question. Nothing in this subsection shall limit the Director's approval of alternate methods of demonstrating an active search for work based on regular reporting to a trade union office.

    1. ​If an otherwise eligible individual is unable to work or is unavailable for work on any normal workday of the week, he shall be eligible to receive benefits with respect to such week reduced by one fifth of his weekly benefit amount for each day of such inability to work or unavailability for work. For the purposes of this paragraph, an individual who reports on a day subsequent to his designated report day shall be deemed unavailable for work on his report day if his failure to report on that day is without good cause, and on each intervening day, if any, on which his failure to report is without good cause. As used in the preceding sentence, "report day" means the day which has been designated for the individual to report to file his claim for benefits with respect to any week. This paragraph shall not be construed so as to effect any change in the status of part-time workers as defined in Section 407.

    2. An individual shall be considered to be unavailable for work on days listed as whole holidays in "An Act to revise the law in relation to promissory notes, bonds, due bills and other instruments in writing," approved March 18, 1874, as amended; on days which are holidays in his religion or faith, and on days which are holidays according to the custom of his trade or occupation, if his failure to work on such day is a result of the holiday. In determining the claimant's eligibility for benefits and the amount to be paid him, with respect to the week in which such holiday occurs, he shall have attributed to him as additional earnings for that week an amount equal to one-fifth of his weekly benefit amount for each normal work day on which he does not work because of a holiday of the type above enumerated.

    3. A​n individual shall be deemed unavailable for work if, after his separation from his most recent employing unit, he has removed himself to and remains in a locality where opportunities for work are substantially less favorable than those in the locality he has left.

    4. A​n individual shall be deemed unavailable for work with respect to any week which occurs in a period when his principal occupation is that of a student in attendance at, or on vacation from, a public or private school.

    5. No​twithstanding any other provisions of this Act, an individual shall not be deemed unavailable for work or to have failed actively to seek work, nor shall he be ineligible for benefits by reason of the application of the provisions of Section 603, with respect to any week, because he is enrolled in and is in regular attendance at a training course approved for him by the Director:

    (a) bu​​t only if, with respect to that week, the individual presents, upon request, to the claims adjudicator referred to in Section 702 a statement executed by a responsible person connected with the training course, certifying that the individual was in full-time attendance at such course during the week. The Director may approve such course for an individual only if he finds that (1) reasonable work opportunities for which the individual is fitted by training and experience do not exist in his locality; (2) the training course relates to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable work opportunities in his locality; (3) the training course is offered by a competent and reliable agency, educational institution, or employing unit; (4) the individual has the required qualifications and aptitudes to complete the course successfully; and (5) the individual is not receiving and is not eligible (other than because he has claimed benefits under this Act) for subsistence payments or similar assistance under any public or private retraining program: Provided, that the Director shall not disapprove such course solely by reason of clause (5) if the subsistence payment or similar assistance is subject to reduction by an amount equal to any benefits payable to the individual under this Act in the absence of the clause. In the event that an individual's weekly unemployment compensation benefit is less than his certified training allowance, that person shall be eligible to receive his entire unemployment compensation benefits, plus such supplemental training allowances that would make an applicant's total weekly benefit identical to the original certified training allowance.

    (b) Th​​e Director shall have the authority to grant approval pursuant to subparagraph (a) above prior to an individual's formal admission into a training course. Requests for approval shall not be made more than 30 days prior to the actual starting date of such course. Requests shall be made at the appropriate unemployment office.

    (c) Th​​e Director shall for purposes of paragraph C have the authority to issue a blanket approval of training programs implemented pursuant to the federal Workforce Investment Act of 1998 if both the training program and the criteria for an individual's participation in such training meet the requirements of this paragraph C.

    (d) Notw​​ithstanding the requirements of subparagraph (a), the Director shall have the authority to issue blanket approval of training programs implemented under the terms of a collective bargaining agreement.

    6. Notw​ithstanding any other provisions of this Act, an individual shall not be deemed unavailable for work or to have failed actively to seek work, nor shall he be ineligible for benefits, by reason of the application of the provisions of Section 603 with respect to any week because he is in training approved under Section 236 (a)(1) of the federal Trade Act of 1974, nor shall an individual be ineligible for benefits under the provisions of Section 601 by reason of leaving work voluntarily to enter such training if the work left is not of a substantially equal or higher skill level than the individual's past adversely affected employment as defined under the federal Trade Act of 1974 and the wages for such work are less than 80% of his average weekly wage as determined under the federal Trade Act of 1974.

    D. If his benefit year begins prior to July 6, 1975 or subsequent to January 2, 1982, he has been unemployed for a waiting period of 1 week during such benefit year. If his benefit year begins on or after July 6, l975, but prior to January 3, 1982, and his unemployment continues for more than three weeks during such benefit year, he shall be eligible for benefits with respect to each week of such unemployment, including the first week thereof. An individual shall be deemed to be unemployed within the meaning of this subsection while receiving public assistance as remuneration for services performed on work projects financed from funds made available to governmental agencies for such purpose. No week shall be counted as a week of unemployment for the purposes of this subsection:

    1. Unle​ss it occurs within the benefit year which includes the week with respect to which he claims payment of benefits, provided that, for benefit years beginning prior to January 3, 1982, this requirement shall not interrupt the payment of benefits for consecutive weeks of unemployment; and provided further that the week immediately preceding a benefit year, if part of one uninterrupted period of unemployment which continues into such benefit year, shall be deemed (for the purpose of this subsection only and with respect to benefit years beginning prior to January 3, 1982, only) to be within such benefit year, as well as within the preceding benefit year, if the unemployed individual would, except for the provisions of the first paragraph and paragraph 1 of this subsection and of Section 605, be eligible for and entitled to benefits for such week.

    2. If be​nefits have been paid with respect thereto.

    3. Unless​ the individual was eligible for benefits with respect thereto except for the requirements of this subsection and of Section 605.

    E. With respect to any benefit year beginning prior to January 3, 1982, he has been paid during his base period wages for insured work not less than the amount specified in Section 500E of this Act as amended and in effect on October 5, 1980. With respect to any benefit year beginning on or after January 3, 1982, he has been paid during his base period wages for insured work equal to not less than $1,600, provided that he has been paid wages for insured work equal to at least $440 during that part of his base period which does not include the calendar quarter in which the wages paid to him were highest.

    F. During that week he has participated in reemployment services to which he has been referred, including but not limited to job search assistance services, pursuant to a profiling system established by the Director by rule in conformity with Section 303(j)(1) of the federal Social Security Act, unless the Director determines that:

    1. the indi​vidual has completed such services; or

    2. there is ​​justifiable cause for the claimant's failure to participate in such services.

     

    This subsection F is added by this amendatory Act of 1995 to clarify authority already provided under subsections A and C in connection with the unemployment insurance claimant profiling system required under subsections (a)(10) and (j)(1) of Section 303 of the federal Social Security Act as a condition of federal funding for the administration of the Unemployment Insurance Act.

    (Source: P.A. 92-396, eff. 1-1-02.)

    (820 ILCS 405/601) (from Ch. 48, par. 431)

    Sec. 601. Voluntary leaving.

    A. An individual shall be ineligible for benefits for the week in which he or she has left work voluntarily without good cause attributable to the employing unit and, thereafter, until he or she has become reemployed and has had earnings equal to or in excess of his or her current weekly benefit amount in each of four calendar weeks which are either for services in employment, or have been or will be reported pursuant to the provisions of the Federal Insurance Contributions Act by each employing unit for which such services are performed and which submits a statement certifying to that fact.

    B. The provisions of this Section shall not apply to an individual who has left work voluntarily:

    1.​​ Because he or she is deemed physically unable to perform his or her work by a licensed and practicing physician, or because the individual's assistance is necessary for the purpose of caring for his or her spouse, child, or parent who, according to a licensed and practicing physician or as otherwise reasonably verified, is in poor physical or mental health or is mentally or physically disabled and the employer is unable to accommodate the individual's need to provide such assistance;

    2. ​To accept other bona fide work and, after such acceptance, the individual is either not unemployed in each of 2 weeks, or earns remuneration for such work equal to at least twice his or her current weekly benefit amount;

    3​. I​​n lieu of accepting a transfer to other work offered to the individual by the employing unit under the terms of a collective bargaining agreement or pursuant to an established employer plan, program, or policy, if the acceptance of such other work by the individual would require the separation from that work of another individual currently performing it;

    4. S​olely because of the sexual harassment of the individual by another employee. Sexual harassment means (1) unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other conduct or communication which is made a term or condition of the employment or (2) the employee's submission to or rejection of such conduct or communication which is the basis for decisions affecting employment, or (3) when such conduct or communication has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment and the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action;

    5. Wh​ich he or she had accepted after separation from other work, and the work which he or she left voluntarily would be deemed unsuitable under the provisions of Section 603;

    6. (a)​ Because the individual left work due to verified domestic violence as defined in Section 103 of the Illinois Domestic Violence Act of 1986 where the domestic violence caused the individual to reasonably believe that his or her continued employment would jeopardize his or her safety or the safety of his or her spouse, minor child, or parent if the individual provides the following:

    (i) notice to the employing unit of the reason for the individual's voluntarily leaving; and

    (ii) to the Department provides:

    (A) an order of protection or other documentation of equitable relief issued by a court of competent jurisdiction; or

    (B) a police report or criminal charges documenting the domestic violence; or

    (C) medical documentation of the domestic violence; or

    ​(D) evidence of​ domestic violence from a member of the clergy, attorney, counselor, social worker, health worker or domestic violence shelter worker.

    (b) If the i​ndividual does not meet the provisions of subparagraph (a), the individual shall be held to have voluntarily terminated employment for the purpose of determining the individual's eligibility for benefits pursuant to subsection A.

    (c) Notwithsta​nding any other provision to the contrary, evidence of domestic violence experienced by an individual, or his or her spouse, minor child, or parent, including the individual's statement and corroborating evidence, shall not be disclosed by the Department unless consent for disclosure is given by the individual.

    7. Because, du​e to a change in location of employment of the individual's spouse, the individual left work to accompany his or her spouse to a place from which it is impractical to commute or because the individual left employment to accompany a spouse who has been reassigned from one military assignment to another. The employer's account, however, shall not be charged for any benefits paid out to the individual who leaves work under a circumstance described in this paragraph.

    C. Within 90 day​s of the effective date of this amendatory Act of the 96th General Assembly, the Department shall promulgate rules, pursuant to the Illinois Administrative Procedure Act and consistent with Section 903(f)(3)(B) of the Social Security Act, to clarify and provide guidance regarding eligibility and the prevention of fraud.

    (820 ILCS 405/602) (from Ch. 48, par. 432)

    Sec. 602. Discharge for misconduct - Felony.


    A. An individual shall be ineligible for benefits for the week in which he has been discharged for misconduct connected with his work and, thereafter, until he has become reemployed and has had earnings equal to or in excess of his current weekly benefit amount in each of four calendar weeks which are either for services in employment, or have been or will be reported pursuant to the provisions of the Federal Insurance Contributions Act by each employing unit for which such services are performed and which submits a statement certifying to that fact. The requalification requirements of the preceding sentence shall be deemed to have been satisfied, as of the date of reinstatement, if, subsequent to his discharge by an employing unit for misconduct connected with his work, such individual is reinstated by such employing unit. For purposes of this subsection, the term "misconduct" means the deliberate and willful violation of a reasonable rule or policy of the employing unit, governing the individual's behavior in performance of his work, provided such violation has harmed the employing unit or other employees or has been repeated by the individual despite a warning or other explicit instruction from the employing unit.

    B. Notwithstanding any other provision of this Act, no benefit rights shall accrue to any individual based upon wages from any employer for service rendered prior to the day upon which such individual was discharged because of the commission of a felony in connection with his work, or because of theft in connection with his work, for which the employer was in no way responsible; provided, that the employer notified the Director of such possible ineligibility within the time limits specified by regulations of the Director, and that the individual has admitted his commission of the felony or theft to a representative of the Director, or has signed a written admission of such act and such written admission has been presented to a representative of the Director, or such act has resulted in a conviction or order of supervision by a court of competent jurisdiction; and provided further, that if by reason of such act, he is in legal custody, held on bail or is a fugitive from justice, the determination of his benefit rights shall be held in abeyance pending the result of any legal proceedings arising therefrom.

    (Source: P.A. 85-956.)

    (820 ILCS 405/603) (from Ch. 48, par. 433)

    Sec. 603. Refusal of work.

    An individual shall be ineligible for benefits if he has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the Director, or to accept suitable work when offered him by the employment office or an employing unit, or to return to his customary self-employment (if any) when so directed by the employment office or the Director. Such ineligibility shall continue for the week in which such failure occurred and, thereafter, until he has become reemployed and has had earnings equal to or in excess of his current weekly benefit amount in each of four calendar weeks which are either for services in employment, or have been or will be reported pursuant to the provisions of the Federal Insurance Contributions Act by each employing unit for which such services are performed and which submits a statement certifying to that fact.

    In determining whether or not any work is suitable for an individual, consideration shall be given to the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence.

    Notwithstanding any other provisions of this Act, no work shall be deemed suitable and benefits shall not be denied under this Act to any otherwise eligible individual for refusing to accept new work under any of the following conditions:

    If the position offered is vacant due directly to a strike, lockout, or other labor dispute; if the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; 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 any bona fide labor organization; if the position offered is a transfer to other work offered to the individual by the employing unit under the terms of a collective bargaining agreement or pursuant to an established employer plan, program, or policy, when the acceptance of such other work by the individual would require the separation from that work of another individual currently performing it.

    (Source: P.A. 82-22.)

     

    (820 ILCS 405/604) (from Ch. 48, par. 434)

    Sec. 604. Labor dispute.

    An individual shall be ineligible for benefits for any week with respect to which it is found that his total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he is or was last employed. The term "labor dispute" does not include an individual's refusal to work because of his employer's failure to pay accrued earned wages within 10 working days from the date due, or to pay any other uncontested accrued obligation arising out of his employment within 10 working days from the date due.

    For the purpose of disqualification under this Section the term "labor dispute" does not include a lockout by an employer, and no individual shall be denied benefits by reason of a lockout, provided that no individual shall be eligible for benefits during a lockout who is ineligible for benefits under another Section of this Act, and provided further that no individual locked out by an employer shall be eligible for benefits for any week during which (1) the recognized or certified collective bargaining representative of the locked out employees refuses to meet under reasonable conditions with the employer to discuss the issues giving rise to the lockout or (2) there is a final adjudication under the National Labor Relations Act that during the period of the lockout the recognized or certified collective bargaining representative of the locked-out employees has refused to bargain in good faith with the employer over issues giving rise to the lockout, or (3) the lockout has resulted as a direct consequence of a violation by the recognized or certified collective bargaining representative of the locked out employees of the provisions of an existing collective bargaining agreement. An individual's total or partial unemployment resulting from any reduction in operations or reduction of force or layoff of employees by an employer made in the course of or in anticipation of collective bargaining negotiations between a labor organization and such employer, is not due to a stoppage of work which exists because of a labor dispute until the date of actual commencement of a strike or lockout.

    This Section shall not apply if it is shown that (A) the individual is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work and (B) he does not belong to a grade or class of workers of which immediately before the commencement of the stoppage there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute; provided, that a lockout by the employer or an individual's failure to cross a picket line at such factory, establishment, or other premises shall not, in itself, be deemed to be participation by him in the labor dispute. 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.

    Whenever any claim involves the provisions of this Section, the claims adjudicator referred to in Section 702 shall make a separate determination as to the eligibility or ineligibility of the claimant with respect to the provisions of this Section. This separate determination may be appealed to the Director in the manner prescribed by Section 800.

    (Source: P.A. 93-1088, eff. 1-1-06.)

     

    (820 ILCS 405/610) (from Ch. 48, par. 440)

    Sec. 610. Vacation pay.

    A. Whenever an employer has announced a period of shutdown for the taking of inventory or for vacation purposes, or both, and at the time of or during such shutdown makes a payment or becomes obligated or holds himself ready to make such payment to an individual as vacation pay, or as vacation pay allowance, or as pay in lieu of vacation, or as standby pay, such sum shall be deemed "wages" as defined in Section 234, and shall be treated as provided in subsection C of this Section.

    B. Whenever in connection with any separation or layoff of an individual, his employer makes a payment or payments to him, or becomes obligated and holds himself ready to make such payment to him as, or in the nature of, vacation pay, or vacation pay allowance, or as pay in lieu of vacation, and within 10 calendar days after notification of the filing of his claim, designates (by notice to the Director) the period to which such payment shall be allocated (provided, that if such designated period is extended by the employer, he may again similarly designate an extended period, by giving notice thereof not later than the beginning of the extension of such period, with the same effect as if such period of extension were included in the original designation), the amount of any such payment, or obligation to make payment, shall be deemed "wages" as defined in Section 234, and shall be treated as provided in subsection C of this Section.

    C. If the employer has not designated the period provided for in subsection B within the prescribed time limits, the wages referred to in subsection B shall not be attributed or be deemed payable to such individual with respect to any week after such separation or layoff. Of the wages described in subsection A (whether or not the employer has designated the period therein described), or of the wages described in subsection B if the period therein described has been designated by the employer as therein provided, a sum equal to such individual's wages for a normal work day shall be attributed to, or deemed to be payable to him with respect to, the first and each subsequent work day except paid holidays in such period until such amount so paid or owing is exhausted. If an employee is entitled to receive and receives holiday pay for any work day in such designated period, such pay shall be deemed "wages" and the period herein designated shall be extended by such paid holiday. Any individual receiving or entitled to receive wages as provided in this Section shall be ineligible for benefits for any week in which the sums, so designated or attributed to such normal work days, equal or exceed his weekly benefit amount. If no amount is so paid or owing, or if in any week the amount so paid or owing is insufficient to attribute any sum as wages, or if the amount so designated or attributed as wages is less than such individual's weekly benefit amount, he shall be deemed "unemployed" as defined in Section 239.

    (Source: P.A. 81-1521.)

     

    (820 ILCS 405/700) (from Ch. 48, par. 450)

    Sec. 700. Filing claims for benefits.

    Claims for benefits shall be made in accordance with such regulations as the Director may prescribe. Each employer shall post and maintain printed statements concerning such regulations or such other matters as the Director may by regulation prescribe in places readily accessible to individuals in such employer's service. Each employer shall supply to such individuals copies of such printed statements or materials relating to claims for benefits as the Director may by regulation prescribe. Such printed statements shall be supplied by the Director to each employer without cost to the employer.

    (Source: Laws 1951, p. 32.)

     

    (820 ILCS 405/702) (from Ch. 48, par. 452)

    Sec. 702. Determinations.

    The claims adjudicator shall for each week with respect to which the claimant claims benefits or waiting period credit, make a "determination" which shall state whether or not the claimant is eligible for such benefits or waiting period credit and the sum to be paid the claimant with respect to such week. The claims adjudicator shall promptly notify the claimant and such employing unit as shall, within the time and in the manner prescribed by the Director, have filed a sufficient allegation that the claimant is ineligible to receive benefits or waiting period credit for said week, of his "determination" and the reasons therefor. The Director may, by rule adopted with the advice and aid of the Employment Security Advisory Board, require that an employing unit with 50 or more individuals in its employ during the prior calendar year, or an entity representing 5 or more employing units during the prior calendar year, file an allegation of ineligibility electronically in a manner prescribed by the Director. In making his "determination," the claims adjudicator shall give consideration to the information, if any, contained in the employing unit's allegation, whether or not the allegation is sufficient. The claims adjudicator shall deem an employing unit's allegation sufficient only if it contains a reason or reasons therefor (other than general conclusions of law, and statements such as "not actively seeking work" or "not available for work" shall be deemed, for this purpose, to be conclusions of law). If the claims adjudicator deems an allegation insufficient, he shall make a decision accordingly, and shall notify the employing unit of such decision and the reasons therefor. Such decision may be appealed by the employing unit to a Referee within the time limits prescribed by Section 800 for appeal from a "determination". Any such appeal, and any appeal from the Referee's decision thereon, shall be governed by the applicable provisions of Sections 801, 803, 804 and 805.

    (Source: P.A. 97-621, eff. 11-18-11.)

     

    (820 ILCS 405/703) (from Ch. 48, par. 453)

    Sec. 703. Reconsideration of findings or determinations.

    The claims adjudicator may reconsider his finding at any time within thirteen weeks after the close of the benefit year. He may reconsider his determination at any time within one year after the last day of the week for which the determination was made, except that if the issue is whether or not, by reason of a back pay award made by any governmental agency or pursuant to arbitration proceedings, or by reason of a payment of wages wrongfully withheld by an employing unit, an individual has received wages for a week with respect to which he or she has received benefits or if the issue is whether or not the claimant misstated his earnings for the week, such reconsidered determination may be made at any time within 3 years after the last day of the week. No finding or determination shall be reconsidered at any time after appeal therefrom has been taken pursuant to the provisions of Section 800, except where a case has been remanded to the claims adjudicator by a Referee, the Director or the Board of Review, and except, further, that if an issue as to whether or not the claimant misstated his earnings is newly discovered, the determination may be reconsidered after and notwithstanding the fact that the decision upon the appeal has become final. Notice of such reconsidered determination or reconsidered finding shall be promptly given to the parties entitled to notice of the original determination or finding, as the case may be, in the same manner as is prescribed therefor, and such reconsidered determination or reconsidered finding shall be subject to appeal in the same manner and shall be given the same effect as is provided for an original determination or finding.

    (Source: P.A. 92-396, eff. 1-1-02.)

     

    (820 ILCS 405/706) (from Ch. 48, par. 456)

    Sec. 706. Benefits undisputed or allowed - Prompt payment.

    Benefits shall be paid promptly in accordance with a claims adjudicator's finding and determination, or reconsidered finding or reconsidered determination, or the decision of a Referee, the Board of Review or a reviewing court, upon the issuance of such finding and determination, reconsidered finding, reconsidered determination or decision, regardless of the pendency of the period to apply for reconsideration, file an appeal, or file a complaint for judicial review, or the pendency of any such application or filing, unless and until such finding, determination, reconsidered finding, reconsidered determination or decision has been modified or reversed by a subsequent reconsidered finding or reconsidered determination or decision, in which event benefits shall be paid or denied with respect to weeks thereafter in accordance with such reconsidered finding, reconsidered determination, or modified or reversed finding, determination, reconsidered finding, reconsidered determination or decision. Except as otherwise provided in this Section, if benefits are paid pursuant to a finding or a determination, or a reconsidered finding, or a reconsidered determination, or a decision of a Referee, the Board of Review or a court, which is finally reversed or modified in subsequent proceedings with respect thereto, the benefit wages on which such benefits are based shall, for the purposes set forth in Section 1502, or benefit charges, for purposes set forth in Section 1502.1, be treated in the same manner as if such final reconsidered finding, reconsidered determination, or decision had been the finding or determination of the claims adjudicator. If benefits are paid pursuant to a finding, determination, reconsidered finding or determination, or a decision of a Referee, the Board of Review, or a court which is finally reversed or modified in subsequent proceedings with respect thereto, the benefit charges, for purposes set forth in Section 1502.1, shall be treated in the same manner as if the finding, determination, reconsidered finding or determination, or decision of the Referee, the Board of Review, or the court pursuant to which benefits were paid had not been reversed if: (1) the benefits were paid because the employer or an agent of the employer was at fault for failing to respond timely or adequately to the Department's request for information relating to the claim; and (2) the employer or agent has established a pattern of failing to respond timely or adequately to such requests.

    (Source: P.A. 97-791, eff. 1-1-13.)

     

    (820 ILCS 405/800) (from Ch. 48, par. 470)

    Sec. 800. Appeals to referee or director.

    Except as hereinafter provided, appeals from a claims adjudicator shall be taken to a Referee. Whenever a "determination" of a claims adjudicator involves a decision as to eligibility under Section 604, appeals shall be taken to the Director or his representative designated for such purpose. Unless the claimant or any other party entitled to notice of the claims adjudicator's "finding" or "determination," as the case may be, or the Director, within 30 calendar days after the delivery of the claims adjudicator's notification of such "finding" or "determination," or within 30 calendar days after such notification was mailed to his last known address, files an appeal therefrom, such "finding" or "determination" shall be final as to all parties given notice thereof.

    (Source: P.A. 81-1521.)

     

    (820 ILCS 405/801) (from Ch. 48, par. 471)

    Sec. 801. Decision of referee or director.

    A. Unless such appeal is withdrawn, a Referee or the Director, as the case may be, shall afford the parties reasonable opportunity for a fair hearing. At any hearing, the record of the claimant's registration for work, or of the claimant's certification that, during the week or weeks affected by the hearing, he was able to work, available for work, and actively seeking work, or any document in the files of the Department of Employment Security submitted to it by any of the parties, shall be a part of the record, and shall be competent evidence bearing upon the issues. The failure of the claimant or other party to appear at a hearing, unless he is the appellant, shall not preclude a decision in his favor if, on the basis of all the information in the record, he is entitled to such decision. The Referee or the Director, as the case may be, shall affirm, modify, or set aside the claims adjudicator's "finding" or "determination," or both, as the case may be, or may remand the case, in whole or in part, to the claims adjudicator, and, in such event, shall state the questions requiring further consideration, and give such other instructions as may be necessary. The parties shall be duly notified of such decision, together with the reasons therefor. The decision of the Referee shall be final, unless, within 30 calendar days after the date of mailing of such decision, further appeal to the Board of Review is initiated pursuant to Section 803.

    B. Except as otherwise provided in this subsection, the Director may by regulation allow the Referee, upon the request of a party for good cause shown, before or after the Referee issues his decision, to reopen the record to take additional evidence or to reconsider the Referee's decision or both to reopen the record and reconsider the Referee's decision. Where the Referee issues a decision, he shall not reconsider his decision or reopen the record to take additional evidence after an appeal of the decision is initiated pursuant to Section 803 or if the request is made more than 30 calendar days, or fewer days if prescribed by the Director, after the date of mailing of the Referee's decision. The allowance or denial of a request to reopen the record, where the request is made before the Referee issues a decision, is not separately appealable but may be raised as part of the appeal of the Referee's decision. The allowance of a request to reconsider is not separately appealable but may be raised as part of the appeal of the Referee's reconsidered decision. A party may appeal the denial of a timely request to reconsider a decision within 30 calendar days after the date of mailing of notice of such denial, and any such appeal shall constitute a timely appeal of both the denial of the request to reconsider and the Referee's decision. Whenever reference is made in this Act to the Referee's decision, the term "decision" includes a reconsidered decision under this subsection.

    (Source: P.A. 88-655, eff. 9-16-94.)

     

    (820 ILCS 405/802) (from Ch. 48, par. 472)

    Sec. 802. Appointment of referees and providing legal services in disputed claims.

    A. To hear and decide disputed claims, the Director shall obtain an adequate number of impartial Referees selected in accordance with the provisions of the "Personnel Code" enacted by the Sixty-ninth General Assembly. No person shall participate on behalf of the Director or the Board of Review in any case in which he is an interested party. The Director shall provide the Board of Review and such Referees with proper facilities and supplies and with assistants and employees (selected in accordance with the provisions of the "Personnel Code" enacted by the Sixty-ninth General Assembly) necessary for the execution of their functions.

    B. As provided in Section 1700.1, effective January 1, 1989, the Director shall establish a program for providing services by licensed attorneys at law to advise and represent, at hearings before the Referee, the Director or the Director's Representative, or the Board of Review, "small employers", as defined in rules promulgated by the Director, and issued pursuant to the results of the study referred to in Section 1700.1, and individuals who have made a claim for benefits with respect to a week of unemployment, whose claim has been disputed, and who are eligible under rules promulgated by the Director which are issued pursuant to the results of the study referred to in Section 1700.1.

    For the period beginning July 1, 1994, and extending through June 30, 1996, no legal services shall be provided under the program established under this subsection.

    For the period beginning July 1, 1990, and extending through June 30, 1991, no legal services shall be provided under the program established pursuant to this subsection.

    (Source: P.A. 88-655, eff. 9-16-94; 89-21, eff. 6-6-95.)

     

    (820 ILCS 405/803) (from Ch. 48, par. 473)

    Sec. 803. Board of review - Decisions.

    The Board of Review may, on its own motion or upon appeal by any party to the determination or finding, affirm, modify, or set aside any decision of a Referee. The Board of Review in its discretion, may take additional evidence in hearing such appeals, or may remand the case, in whole or in part, to a Referee or claims adjudicator, and, in such event, shall state the questions requiring further consideration and give such other instructions as may be necessary. The Director may remove to the Board of Review or transfer to another Referee the proceedings on any claim pending before a Referee. Any proceedings so removed to the Board of Review shall be heard in accordance with the requirements of Section 801 by the Board of Review. At any hearing before the Board of Review, in the absence or disqualification of any member thereof representing either the employee or employer class, the hearing shall be conducted by the member not identified with either of such classes. Upon receipt of an appeal by any party to the findings and decision of a Referee, the Board of Review shall promptly notify all parties entitled to notice of the Referee's decision that the appeal has been filed, and shall inform each party of the right to apply for a Notice of Right to Sue as provided for in this Section. The Board of Review shall provide transcripts of the proceedings before the Referee w within 35 days of the date of the filing of an appeal by any party. The Board of Review shall make a final determination on the appeal within 120 days of the date of the filing of the appeal and shall notify the parties of its final determination or finding, or both, within the same 120 day period. The period for making a final determination may be extended by the Board of Review to no more than 30 additional days upon written request of either party, for good cause shown.

    At any time after the expiration of the aforesaid 120 day period, or the expiration of any extension thereof, and prior to the date the Board of Review makes a final determination on the appeal, the party claiming to be aggrieved by the decision of the Referee may apply in writing by certified mail, return receipt requested, to the Board of Review for a Notice of Right to Sue. The Board of Review shall issue, within 14 days of the date that the application was mailed to it, a Notice of Right to Sue to all parties entitled to notice of the Referee's decision, unless, within that time, the Board has issued its final decision. The Notice of Right to Sue shall notify the parties that the findings and decision of the Referee shall be the final administrative decision on the appeal, and it shall further notify any party claiming to be aggrieved thereby that he may seek judicial review of the final decision of the referee under the provisions of the Administrative Review Law. If the Board issues a Notice of Right to Sue, the date that such notice is served upon the parties shall determine the time within which to commence an action for judicial review. Any decision issued by the Board after the aforesaid 14 day period shall be null and void. If the Board fails to either issue its decision or issue a Notice of Right to Sue within the prescribed 14 day period, then the findings and decision of the Referee shall, by operation of law, become the final administrative decision on the appeal. In such an instance, the period within which to commence an action for judicial review pursuant to the Administrative Review Law shall begin to run on the 15th day after the date of mailing of the application for the Notice of Right to Sue. If no party applies for a Notice of Right to Sue, the decision of the Board of Review, issued at any time, shall be the final decision on the appeal.

    (Source: P.A. 84-26.)

     
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