Ill. Admin. Code tit. 56 § 2870.35

Current through Register Vol. 48, No. 43, October 25, 2024

Section 2870.35 - Employee's Eligibility for Short-Time Compensation Benefits

a) An individual who is an employee of an affected unit under an approved STC plan is eligible to receive STC benefits with respect to any week only if that individual:

1) Has filed a claim for STC unemployment insurance benefits, or has an existing claim for unemployment insurance benefits with a benefit year in effect at the time of the approved STC plan and has reopened that claim;

2) Has completed a one-time certification process at WorkShare.ides@illinois.gov or by calling 217-558-8150;

3) Is eligible for unemployment insurance benefits pursuant to Section 500(E) of the Act;

4) Is available for all the individual's STC plan hours or is compensated for time off of work;

EXAMPLE 1: Company P has an approved STC plan in operation for its affected factory unit. The STC plan calls for a 20% reduction in hours for the workers in the affected unit. The employer does not have paid sick leave or paid vacation leave policies. Bob, an employee in the affected factory unit, is scheduled to work 32 hours Monday through Thursday under the approved STC plan. Bob calls off work on Monday. Bob then works the remainder of his scheduled hours. Since Bob did not work all his scheduled hours or receive compensation for the 8 hours he did not work on Monday, Bob is not eligible for STC benefits that week.

EXAMPLE 2: Same facts as EXAMPLE 1, except the employer has paid sick leave and paid vacation leave policies. When Bob calls off work that Monday he requests and receives 8 hours of sick leave pay. Bob would be eligible for STC benefits that week because the 8 hours of sick leave compensation is considered hours worked.

EXAMPLE 3: Company Q has an approved STC plan in operation for its affected billing unit. The STC plan calls for a 20% reduction in hours for the workers in the affected unit. The employer's policies provide for paid holidays. Jennifer, an employee in the affected unit, is scheduled to work 32 hours Monday through Thursday under the approved STC plan. Friday is a paid holiday and Jennifer receives 8 hours' holiday pay. Since compensated hours are considered hours worked, Jennifer would not be eligible for STC benefits that week because the paid holiday puts the reduction in Jennifer's regular work hours below 20% provided for in the STC plan.

EXAMPLE 4: Company R has an approved STC plan in operation for its affected shipping unit. The STC plan calls for a 20% reduction in hours for the workers in the affected unit. The employer's policies do not provide for paid holidays. John, an employee in the affected unit, is scheduled to work 32 hours Monday through Thursday under the approved STC plan. Friday is a holiday and John is not scheduled to work. John would be eligible for the STC benefits that week because the holiday does not affect the reduction in John's regular work hours below 20% provided for in the STC plan.

EXAMPLE 5: Company S has an approved STC plan in operation for its affected factory unit. The STC plan calls for a 40% reduction in hours for the workers in the affected unit. The employer's policies provide for paid holidays. Elizabeth, an employee in the affected factory unit, is scheduled to work 24 hours Monday through Wednesday under the approved STC plan. Thursday is a holiday and Elizabeth is not scheduled to work but is paid 8 hours of holiday pay. Elizabeth would be eligible for the STC benefits that week because the combination of reduced hours and holiday pay (32 hours) would amount to a 20% reduction in her regular hours and is within the parameters provided in Section 502 of the Act. However, for that week, Elizabeth's STC benefit amount would be calculated on a 20% reduction in hours, rather than on a 40% reduction in hours (see Section 2870.40).

5) Works hours during the week that fall within the reduction of hours of work provided under the STC plan; and

6) Is not otherwise disqualified for unemployment insurance benefits under the Act.

b) An employee in an affected unit under an approved STC plan whose usual weekly hours of work have been reduced is deemed unemployed in any week for which the employee works less than the normal weekly hours of work in accordance with an approved STC plan.

Ill. Admin. Code tit. 56, § 2870.35

Added at 45 Ill. Reg. 10813, effective 8/23/2021.