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 twenty-five percent (25%). If twenty-five percent (25%) of the
maximum benefit amount is not an even dollar amount, the amount
of such reduction shall be raised to the next higher even dollar
amount. The maximum benefit amount of the individual's current
claim may not be reduced by more than twenty-five percent (25%)
during any benefit period or extended benefit period.
(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. 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.
Last modified: May 27, 2006