Introduced By: Representatives Long and Kelley
Date Introduced : February 2, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 28-44-17 and 28-44-18 of the General Laws in Chapter 28-44 entitled "Employment Security -- Benefits" are hereby amended to read as follows:
28-44-17. Voluntary leaving without good cause. --
An individual who leaves work voluntarily without good cause shall
be ineligible for waiting period credit or benefits {ADD for the
week in which the voluntary quit occurred and ADD} until he or
she establishes to the satisfaction of the director that he or
she has subsequent to that leaving had at least eight (8) weeks
of work, and in each of those eight (8) weeks has had earnings
of at least twenty (20) times the minimum hourly wage as defined
in chapter 12 of this title for performing services in employment
for one or more employers subject to chapters 42 -- 44 of this
title. For the purposes of this section, {DEL voluntary DEL}
{ADD voluntarily ADD} leaving work with good cause shall include
sexual harassment against members of either sex. For the purposes
of this section, voluntarily leaving work without good cause shall
include voluntarily leaving work with an employer to accompany,
join or follow his or her spouse in a new locality in connection
with the retirement of his or her spouse, or failure by a temporary
employee to contact the temporary help agency upon completion
of the most recent work assignment to seek additional work unless
good cause is shown for said failure; provided, however, that
the temporary help agency gave written notice to the individual
that the individual is required to contact the temporary help
agency at the completion of the most recent work assignment to
seek additional work.
28-44-18. Discharge for misconduct. -- An individual who has been discharged for proved misconduct connected with his or her work shall thereby become ineligible for {ADD waiting period credit or ADD} benefits for the week in which that discharge occurred and until he or she establishes to the satisfaction of the director that he or she has, subsequent to that discharge, had at least eight (8) weeks of work, and in each of that eight (8) weeks has had earnings of at least twenty (20) times the minimum hourly wage as defined in chapter 12 of this title for performing services in employment for one or more employers subject to chapters 42 -- 44 of this title; provided, however, that any individual who is required to leave his or her work pursuant to a plan, system, or program, public or private, providing for retirement, and who is otherwise eligible, shall under no circumstances be deemed to have been discharged for misconduct. However, if an individual is discharged and a complaint is issued by the regional office of the national labor relations board or the state labor relations board that an unfair labor practice has occurred in relation to the discharge, the individual shall be entitled to benefits if otherwise eligible. For the purposes of this section, "misconduct" shall be defined as deliberate conduct in willful disregard of the employer's interest, or a knowing violation of a reasonable and uniformly enforced rule or policy of the employer, provided that such violation is not shown to be as a result of the employee's incompetence. Notwithstanding any other provisions of chapters 42 -- 44 of this title, this section shall be construed in a manner which is fair and reasonable to both the employer and the employed worker.
SECTION 2. This act shall take effect upon passage.
