Section 22-4-15-2 - Availability and acceptance of work; exceptions; application to extended benefit rights(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:(1) remuneration in employment in at least each of eight (8) weeks; and(2) remuneration equal to or exceeding the product of the individual's weekly benefit amount multiplied by eight (8). If the qualification amount has not been earned at the expiration of an individual's benefit period, the unearned amount shall be carried forward to an extended benefit period or to the benefit period of a subsequent claim.
(c) With respect to extended benefit periods established on and after July 5, 1981, the ineligibility shall continue for the week in which the failure occurs and until the individual earns remuneration in employment equal to or exceeding the weekly benefit amount of the individual's claim in each of four (4) weeks.(d) If an individual failed to apply for or accept suitable work as outlined in this section, the maximum benefit amount of the individual's current claim, as initially determined, shall be reduced by an amount determined as follows:(1) For the first failure to apply for or accept suitable work, the maximum benefit amount of the individual's current claim is equal to the result of: (A) the maximum benefit amount of the individual's current claim, as initially determined; multiplied by(B) seventy-five percent (75%); rounded (if not already a multiple of one dollar ($1)) to the next higher dollar.
(2) For the second failure to apply for or accept suitable work, the maximum benefit amount of the individual's current claim is equal to the result of:(A) the maximum benefit amount of the individual's current claim determined under subdivision (1); multiplied by(B) eighty-five percent (85%); rounded (if not already a multiple of one dollar ($1)) to the next higher dollar.
(3) For the third and any subsequent failure to apply for or accept suitable work, the maximum benefit amount of the individual's current claim is equal to the result of: (A) the maximum benefit amount of the individual's current claim determined under subdivision (2); multiplied by(B) ninety percent (90%); rounded (if not already a multiple of one dollar ($1)) to the next higher dollar.
(e) In determining whether or not any such work is suitable for an individual, the department shall consider: (1) the degree of risk involved to such individual's health, safety, and morals;(2) the individual's physical fitness and prior training and experience;(3) the individual's length of unemployment and prospects for securing local work in the individual's customary occupation; and(4) the distance of the available work from the individual's residence. However, work under substantially the same terms and conditions under which the individual was employed by a base-period employer, which is within the individual's prior training and experience and physical capacity to perform, shall be considered to be suitable work unless the claimant has made a bona fide change in residence which makes such offered work unsuitable to the individual because of the distance involved. During the fifth through the eighth consecutive week of claiming benefits, work is not considered unsuitable solely because the work pays not less than ninety percent (90%) of the individual's prior weekly wage. After eight (8) consecutive weeks of claiming benefits, work is not considered unsuitable solely because the work pays not less than eighty percent (80%) of the individual's prior weekly wage. However, work is not considered suitable under this section if the work pays less than Indiana's minimum wage as determined under IC 22-2-2. For an individual who is subject to section 1(c)(8) of this chapter, the determination of suitable work for the individual must reasonably accommodate the individual's need to address the physical, psychological, legal, and other effects of domestic or family violence.
(f) Notwithstanding any other provisions of this article, no work shall be considered suitable and benefits shall not be denied under this article to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (1) If the position offered is vacant due directly to a strike, lockout, or other labor dispute.(2) If the remuneration, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.(3) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining a bona fide labor organization.(4) If as a condition of being employed the individual would be required to discontinue training into which the individual had entered with the approval of the department.(g) Notwithstanding subsection (e), with respect to extended benefit periods established on and after July 5, 1981, "suitable work" means any work which is within an individual's capabilities. However, if the individual furnishes evidence satisfactory to the department that the individual's prospects for obtaining work in the individual's customary occupation within a reasonably short period are good, the determination of whether any work is suitable work shall be made as provided in subsection (e).(h) With respect to extended benefit periods established on and after July 5, 1981, no work shall be considered suitable and extended benefits shall not be denied under this article to any otherwise eligible individual for refusing to accept new work under any of the following conditions:(1) If the gross average weekly remuneration payable to the individual for the position would not exceed the sum of:(A) the individual's average weekly benefit amount for the individual's benefit year; plus(B) the amount (if any) of supplemental unemployment compensation benefits (as defined in Section 501(c)(17)(D) of the Internal Revenue Code) payable to the individual for such week.(2) If the position was not offered to the individual in writing or was not listed with the department of workforce development.(3) If such failure would not result in a denial of compensation under the provisions of this article to the extent that such provisions are not inconsistent with the applicable federal law.(4) If the position pays wages less than the higher of: (A) the minimum wage provided by 29 U.S.C. 206(a)(1) (the Fair Labor Standards Act of 1938), without regard to any exemption; or(B) the state minimum wage (IC 22-2-2).(i) The department of workforce development shall refer individuals eligible for extended benefits to any suitable work (as defined in subsection (g)) to which subsection (h) would not apply.(j) An individual is considered to have refused an offer of suitable work under subsection (a) if an offer of work is withdrawn by an employer after an individual: (1) tests positive for drugs after a drug test given on behalf of the prospective employer as a condition of an offer of employment; or(2) refuses, without good cause, to submit to a drug test required by the prospective employer as a condition of an offer of employment.(k) The department's records concerning the results of a drug test described in subsection (j) may not be admitted against a defendant in a criminal proceeding.Amended by P.L. 183-2015, SEC. 8, eff. 7/1/2015.Amended by P.L. 121-2014, SEC. 13, eff. 7/1/2014.Amended by P.L. 12-2011, SEC. 4, eff. 7/1/2011.(Formerly: Acts 1947, c.208, s.1502; Acts 1953, c.177, s.15; Acts 1957, c.261, s.2; Acts1971 , P.L. 355, SEC.36; Acts1974 , P.L. 110, SEC.5.) As amended by Acts1977 , P.L. 262, SEC.26; Acts1980 , P.L. 158, SEC.6; Acts1981 , P.L. 209, SEC.8; Acts1982 , P.L. 95, SEC.5; P.L. 20-1986, SEC.10; P.L. 2-1987, SEC.31; P.L. 18-1987, SEC.45; P.L. 21-1995, SEC.84; P.L. 290-2001, SEC.8; P.L. 189-2003, SEC.4; P.L. 97-2004, SEC.83; P.L. 175-2009, SEC.24.