IDES Adopts Emergency Rules

The Illinois Department of Employment Services adopted emergency rules for the COVID-19 crisis. The rules include:

Qualification for benefits for those who are temporarily laid off

An individual temporarily laid off can qualify for benefits as long as they were able and available for and actively seeking work. The individual would not have to register with the employment service. They would be considered actively seeking work as long as the individual was prepared to return to their job as soon as their employer reopened.

Qualification for employees who are home with COVID-19, caring for someone with COVID-19 or subject to a government-recommended quarantine

An individual in any of those situations would be considered unemployed through no fault of their own. However, to qualify for benefits, they would still need to meet all other eligibility requirements, including the requirements that the individual be able and available for work, registered with the state employment service and actively seeking work from the confines of their home. The individual would be considered able and available for work if there was some work that they could perform from home (e.g., transcribing, data entry, virtual assistant services, etc.) and there is a labor market for that work.

Qualification for employees who are home due to a school closure

Under the current circumstances, someone who left work to care for their child could be considered as unemployed through no fault of his her own. In that case, to qualify for unemployment, the individual would still need to meet all other eligibility requirements, including the requirements that the individual be able and available for work, registered with the state employment service and actively seeking work from the confines of their home. The individual would be considered able and available for work if there was some work that they could perform from home (e.g., transcribing, data entry, virtual assistant services, etc.) and there is a labor market for that work.

No qualification for individuals who quit employment because of a general fear of COVID-19

Note that an individual who leaves work voluntarily without a good reason attributable to the employer is generally disqualified from receiving unemployment. The eligibility of an individual in this situation will depend on whether the facts of their case demonstrate the individual had a good reason for quitting and that the reason was attributable to the employer. An individual generally has a duty to make a reasonable effort to work with their employer to resolve whatever issues have caused the individual to consider quitting.

Gould & Ratner Coronavirus/COVID-19 Response Team Gould & Ratner’s Human Resources and Employment Law Practice has established a Coronavirus/COVID-19 Response Team to assist its clients with any questions they may have regarding the impacts of Coronavirus/COVID-19. Please contact David MichaelEmily Wessel Farr or Jillian Molz, or the attorney with whom you normally work at the firm.

Visit our Coronavirus/COVID-19 Resources page for more information.

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