GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S D
SENATE DRS35165-LR-35A (01/23)
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Short Title: UI/Some Formerly Disabled Workers Eligible. |
(Public) |
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Sponsors: |
Senator Cook (Primary Sponsor). |
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Referred to: |
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A BILL TO BE ENTITLED
AN act amending the employment security laws of north carolina to make eligible for unemployment insurance benefits individuals separated from employment through no fault of their own following a period of disability leave granted by the employer.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Effective until July 1, 2013, G.S. 96-13(a) is amended by adding a new subdivision to read:
"§ 96-13. Benefit eligibility conditions.
(a) An unemployed individual shall be eligible to receive benefits with respect to any week only if the Division finds that −
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(7) Individuals, prior to separation from employment due to no fault of their own, were (i) on short-term or long-term disability leave from the employer immediately before separation, (ii) medically released from the disability leave period after being deemed to be able to return to work with the employer and therefore no longer eligible for disability leave status with the employer, and (iii) not employed by another employer during the disability period."
SECTION 1.(b) Effective until July 1, 2013, G.S. 96-12(b)(1) is amended by adding a new sub-subdivision to read:
"(b) (1) a. Repealed by Session Laws 1977, c. 727, s. 52.
b. An individual who is totally unemployed shall be paid the individual's weekly benefit amount. The weekly benefit amount for an individual is the amount of the high-quarter wages paid to the individual in the individual's base period, divided by 26 and, if the quotient is not a whole dollar, rounded to the next lower whole dollar. If this amount is less than fifteen dollars ($15.00), the individual is not eligible for benefits.
c. Repealed by Session Laws 1981, c. 160, s. 17.
d. Individuals shall be paid a weekly benefit if the individuals, prior to separation from employment due to no fault of their own, were (i) on short-term or long-term disability leave from the employer immediately before separation, (ii) medically released from the disability leave period after being deemed to be able to return to work with the employer and therefore no longer eligible for disability leave status with the employer, and (iii) not employed by another employer during the disability period."
SECTION 1.(c) Effective until July 1, 2013, G.S. 96-14 is amended by adding a new subdivision to read:
"(13) Notwithstanding any other provision of this Chapter, no otherwise eligible individuals shall be denied benefits for any weeks if it is determined by the Division that the individuals, prior to separation from employment due to no fault of their own, were (i) on short-term or long-term disability leave from the employer immediately before separation, (ii) medically released from the disability leave period after being deemed to be able to return to work with the employer and therefore no longer eligible for disability leave status with the employer, and (iii) not employed by another employer during the disability period."
SECTION 2. Effective July 1, 2013, G.S. 96-14.1, as enacted by Section 5 of S.L. 2013-2, is amended by adding a new subdivision to read:
"(f) Notwithstanding any other provision of this Article, no otherwise eligible individuals shall be denied benefits for any weeks if it is determined by the Division that the individuals, prior to separation from employment due to no fault of their own, were (i) on short-term or long-term disability leave from the employer immediately before separation, (ii) medically released from the disability leave period after being deemed to be able to return to work with the employer and therefore no longer eligible for disability leave status with the employer, and (iii) not employed by another employer during the disability period."
SECTION 3. This act is effective when it becomes law and applies to claims filed on or after that date.