Unemployment Compensation

Passed

P HB288

Unemployment compensation; disqualification for benefits. Provides that misconduct, for purposes of disqualification for unemployment compensation benefits, includes a willful and deliberate violation of a standard or regulation of the Commonwealth, by an employee of an employer licensed by the Commonwealth, which violation would cause the employer to be sanctioned or have its license suspended by the Commonwealth. The Unemployment Compensation Commission may consider mitigating circumstances in determining whether misconduct occurred.
Patron - Griffith

P HB529

Unemployment compensation; definition of employment services. Excludes from the definition of "employment services," for the purposes of unemployment compensation benefits, work performed by an inmate of a custodial or penal institution for the institution or while in the Diversion Center Incarceration Program. In a conforming amendment, the bill eliminates the exemption of employers with regard to such inmates from responsibility for benefit charging.
Patron - Hogan

P SB9

Virginia Employment Commission workforce plan. Eliminates the Virginia Employment Commission's requirement to develop a workforce plan to be implemented during times of economic recession, natural disaster or military mobilization whereby necessary workers can be provided. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities.
Patron - Ruff

P SB130

Unemployment compensation; penalties for late filing. Increases the penalty assessed against employers for filing a late report from $30 to $75. The penalty may be avoided by a showing of good cause for the employer's failure to file.
Patron - Watkins

P SB179

Unemployment compensation; benefit charges. Provides that an employer shall not be responsible for benefit charges due to unemployment resulting from a temporary work closure forced by a disaster for which the Governor has declared a state of emergency. The benefit charges, not to exceed four weeks, will be pool costs.
Patron - Blevins

P SB194

Unemployment compensation benefits; termination before resignation. Provides that where an employee gives notice of resignation, and the employer subsequently terminates him effective prior to the date specified in the resignation notice, the employer shall be liable for a maximum of two weeks of benefits (absent a finding of good cause for the employee's resignation or misconduct). Under current law, if an employer does not terminate an employee immediately after the employee gives notice of his resignation, but eventually terminates him prior to the specified resignation date, the employer is fully liable for payment of unemployment compensation benefits. The bill permits an employee to obtain up to two weeks of benefits if he gives a two-week notice of resignation, is terminated on that basis, and faces a two-week delay in starting his new employment.
Patron - Reynolds

Failed

F HB177

Unemployment compensation; benefits disqualification. Eliminates the provision permitting disqualification for unemployment compensation benefits on the basis that the individual voluntarily left his employment to accompany his spouse to, or join his spouse in, a new locality. An individual who left his employment to accommodate a spouse's move, could, if otherwise eligible, qualify for unemployment compensation. This bill is incorporated into HB 1288.
Patron - Baskerville

F HB329

Unemployment compensation; disqualification for benefits. Provides that misconduct, for purposes of disqualification for unemployment compensation benefits, includes an action by an employee of an employer licensed by the Department of Social Services (DSS) that violates a DSS standard or regulation, which violation would cause the employer to be sanctioned or have its license suspended by DSS.
Patron - Griffith

F HB505

Unemployment compensation; allowable earnings. Increases the amount of wages that a recipient of unemployment benefits can earn, without having such benefits offset by the amount of wages, from $25 to $100.
Patron - Keister

F HB840

Unemployment compensation for victims of domestic violence or sexual assault. Provides that a claimant's voluntary departure from work as a direct result of domestic violence or sexual assault constitutes "good cause" for leaving employment and will not disqualify the claimant from receiving unemployment benefits. Benefits paid to qualifying claimants shall be charged against the pool rather than against the claimant's employer.
Patron - Baskerville

F SB129

Unemployment compensation; representation by Attorney General. Provides that the Office of the Attorney General will represent the Commonwealth at hearings to determine whether an employing unit is an employer and whether services performed constitute employment, if requested by the Virginia Employment Commission and agreed to by the Attorney General. Under current law, the Attorney General is required to represent the Commonwealth at such hearings.
Patron - Watkins

Carried Over

C HB1288

Unemployment compensation; quit to follow military spouse. Provides that good cause for leaving employment exists if an employee voluntarily leaves a job to accompany his spouse to a new military assignment from which the employee's place of employment is not reasonably accessible. Benefits paid to qualifying claimants shall be charged against the pool rather than against the claimant's employer. This bill incorporates HB 177.
Patron - Tata

C SB128

Unemployment compensation; offset for retirement benefits. Eliminates the offset for Social Security or Railroad Retirement Act benefits during periods when the unemployment trust fund has a solvency level of 50 percent or more. When the trust fund's solvency level is below 50 percent, weekly unemployment benefits will continue to be reduced by 50 percent of the amount of such retirement benefits.
Patron - Watkins

C SB621

Unemployment compensation; minimum qualifying earnings. Increases from $2,500 to $3,500 the amount that an employee must have earned in the two highest earnings quarters of his base period (the first four of the preceding five calendar quarters) in order to be eligible for unemployment compensation benefits.
Patron - Wagner

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Unemployment Compensation

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