Satutory Changes in Law
Effective July 26, 2011
Minimum Weekly Benefit Amount
- Currently indexed at 12% of average weekly wage.
- Effective 7/1/12: Displace indexing with fixed rate of $81.
ADWS Estimated Savings: $3.5 million
Maximum Weekly Benefit Amount
- Currently indexed at 66.6% of average weekly wage.
- Effective 7/1/12: Displace indexing with fixed rate of $451.
ADWS Estimated Savings: $13.5 million
Weeks of eleigibility to draw benefits from State UI Fund.
- Reduce from 26 weeks to 25 weeks
ADWS Estimated Savings: $5.0 million
Qualifying and Requalifying Wages
- Increase from 27 times weeky benefit amount in two quarters to 25 times weekly benefit amount in two quarters.
ADWS Estimated Savings: $25.0 million
Disqualification for Misconduct
- Delay "sunset" of current disqualification.
- Currently disqualified until after 30 days of covered employment.
- Upon sunset, disqualification will return to 8 week disqualification.
ADWS Estimated Savings: $19.0 million
Disqualification for Serious Misconduct
- Includes dishonesty, willful violation of safety rules, intoxication, failing drug test.
- Currently a 10 week disqualification.
- Disqualification will continue until claimant earns 35 times weekly benefit amount in two quarters.
ADWS Estimated Savings: No estimate
Disqualification for Refusal to Accept Suitable Job Offer
- Currently an 8 week disqualification.
- Disqualification will continue until claimant has 30 days of covered employment.
ADWS Estimated Savings: $0.5 million
Definitions of Misconduct
Misconduct is violation of any behavioral standard vis-a-fis a performance standard.
Poor job performace can be misconduct.
- Repeated acts of commision, omission or negligence that cause harm.
- Act of commission: Intentional act within one's ability to control.
- Act of Omission: Intentional failure to act, within one's ability.
- Negligence: Unintentional action or inaction, within one's ability.
- Progressive discipline has been administered.
- Presumption of intent to perform poorly.
- If refuse alternate suitable job offer from employer, disqualified until work 30 days of covered employment.
Attendance can be misconduct.
- Employer has written attendance policy.
- Policy includes progressive discipline.
- If "no fault" policy, reasons for absence immaterial.
- Currently, look at reasons for absences in last 12 months.
ADWS Estimated Savings: No estimate