GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-196
The General Assembly of North Carolina enacts:
Section 1. G.S. 96-8 is amended by adding a new subdivision to read:
"(10a) 'Undue family hardship' arises when an individual is unable to accept a particular shift because the individual is unable to obtain (i) child care during that shift for a minor child under 14 years of age who is in the legally recognized custody of the individual or (ii) elder care during that shift for an aged or disabled parent of the individual."
Section 2. G.S. 96-8(24) reads as rewritten:
"(24) Work, for purposes of this Chapter,
means any bona fide permanent employment. employment the acceptance
of which would not result in an undue family hardship as defined in G.S.
96-8(10a). For purposes of this definition, 'bona fide permanent
employment' is presumed to include only those employments of greater than 30
consecutive calendar days duration (regardless of whether work is performed on
all those days) provided: (a) the presumption that an employment lasting 30
days or less is not bona fide permanent employment may be rebutted by a finding
by the Commission, either on its own motion or upon a clear and convincing
showing by an interested party that the application of the presumption would
work a substantial injustice in view of the intent of this Chapter; (b) Any
decision of the Commission on the question of bona fide employment may be
disturbed on judicial review only upon a finding of plain error."
Section 3. G.S. 96-9(c)(2)b. reads as rewritten:
"b. Any
benefits paid to any claimant under a claim filed for a period occurring after
the date of such separations as are set forth in this paragraph and based on
wages paid prior to the date of (i) the leaving of work by the claimant without
good cause attributable to the employer; (ii) the discharge of claimant for
misconduct in connection with his work; (iii) the discharge of the claimant for
substantial fault as that term may be defined in G.S. 96-14; (iv) the discharge
of the claimant solely for a bona fide inability to do the work for which he
was hired but only where the claimant was hired pursuant to a job order placed
with a local office of the Commission for referrals to probationary employment
(with a probationary period no longer than 100 days), which job order was
placed in such circumstances and which satisfies such conditions as the Commission
may by regulation prescribe and only to the extent of the wages paid during
such probationary employment; (v) separations made disqualifying under G.S.
96-14(2b) and (6a); or (vi) separation due to leaving for disability or
health condition condition; or (vii) separation of claimant solely as
the result of an undue family hardship shall not be charged to the account
of the employer by whom the claimant was employed at the time of such
separation; provided, however, said employer promptly furnishes the Commission
with such notices regarding any separation of the individual from work as are
or may be required by the regulations of the Commission.
No benefit charges shall be made to the account of any employer who has furnished work to an individual who, because of the loss of employment with one or more other employers, becomes eligible for partial benefits while still being furnished work by such employer on substantially the same basis and substantially the same amount as had been made available to such individual during his base period whether the employments were simultaneous or successive; provided, that such employer makes a written request for noncharging of benefits in accordance with Commission regulations and procedures.
No benefit charges shall be made to the account of any employer for benefit years ending on or before June 30, 1992, where benefits were paid as a result of a discharge due directly to the reemployment of a veteran mandated by the Veteran's Reemployment Rights Law, 38 USCA § 2021, et seq.
No benefit charges shall be made to the account of any employer where benefits are paid as a result of a decision by an Adjudicator, Appeals Referee or the Commission if such decision to pay benefits is ultimately reversed; nor shall any such benefits paid be deemed to constitute an overpayment under G.S. 96-18(g)(2), the provisions thereof notwithstanding. Provided, an overpayment of benefits paid shall be established in order to provide for the waiting period required by G.S. 96-13(c)."
Section 4. G.S. 96-14 is amended by adding a new subdivision to read:
"(1g) For purposes of this Chapter, separation or discharge solely due to an inability to accept work during a particular shift as a result of an undue family hardship shall constitute good cause for leaving work. Benefits paid on the basis of this section shall not be charged to the account of the employer."
Section 5. This act becomes effective July 1, 1999, and applies to unemployment insurance claims filed on or after that date. This act expires June 30, 2001.
In the General Assembly read three times and ratified this the 9th day of June, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 10:19 p.m. this 18th day of June, 1999