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2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 60.2-618 of the Code of Virginia is amended and reenacted as follows:
§ 60.2-618. Disqualification for benefits.
An individual shall be disqualified for benefits upon separation from the last
employing unit for whom he has worked thirty 30 days or 240 hours or from any
subsequent employing unit:
1. For any week benefits are claimed until he has performed services for an
employer (i) during thirty 30 days, whether or not such days are consecutive,
or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment,
if the Commission finds such individual is unemployed because he left work
voluntarily without good cause. As used in this chapter, "good cause" shall not
include (i) voluntarily leaving work with an employer to become self-employed
or (ii) voluntarily leaving work with an employer to accompany or to join his
or her spouse in a new locality. An individual shall not be deemed to have
voluntarily left work solely because the separation was in accordance with a
seniority-based policy.
2. a. For any week benefits are claimed until he has performed services for an
employer (i) during thirty 30 days, whether or not such days are consecutive,
or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment,
if the Commission finds such individual is unemployed because he has been discharged for misconduct
connected with his work.
b. For the purpose of this subdivision, "misconduct" includes, but shall not be limited to:
(1) An employee's confirmed positive test for a nonprescribed controlled substance, identified as such in Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1, where such test was conducted at the direction of his employer in conjunction with the employer's administration and enforcement of a known workplace drug policy. Such test shall have been performed, and a sample collected, in accordance with scientifically recognized standards by a laboratory accredited by the United States Department of Health and Human Services, or the College of American Pathology, or the American Association for Clinical Chemistry, or the equivalent. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.
(2) An employee's intentionally false or misleading statement of a material nature concerning past criminal convictions made in a written job application furnished to the employer, where such statement was a basis for the termination and the employer terminated the employee promptly upon the discovery thereof. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.
(3) A willful and deliberate violation of a standard or regulation of the Commonwealth, by an employee of an employer licensed or certified by the Commonwealth, which violation would cause the employer to be sanctioned or have its license or certification suspended by the Commonwealth. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.
3. a. If it is determined by the Commission that such individual has failed,
without good cause, either to apply for available, suitable work when so
directed by the employment office or the Commission or to accept suitable work
when offered him. The disqualification shall commence with the week in which
such failure occurred, and shall continue for the period of unemployment next
ensuing until he has performed services for an employer (i) during thirty 30
days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes
totally or partially separated from such employment.
b. In determining whether or not any work is suitable for an individual, the Commission shall consider the degree of risk involved to his health, safety and morals, his physical fitness and prior training, his experience, his length of unemployment and the accessibility of the available work from his residence.
c. No work shall be deemed suitable and benefits shall not be denied under this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions:
(1) If the position offered is vacant due directly to a strike, lockout, or other labor dispute;
(2) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or
(3) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.
d. No individual shall be qualified for benefits during any week that such
individual, in connection with an offer of suitable work, has a confirmed
positive test for a nonprescribed controlled substance, identified as such in
Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1, if the test is (i) required as
a condition of employment and (ii) performed, and a sample is collected, in
accordance with scientifically recognized standards by a laboratory accredited
by the United States Department of Health and Human Services, or the College of
American Pathology, or the American Association for Clinical Chemistry, or the
equivalent. The disqualification shall commence with the week in which such a
test was conducted, and shall continue for the period of unemployment next
ensuing until he has performed services for an employer (i) during thirty 30
days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes
totally or partially separated from such employment.
4. For fifty-two 52 weeks, beginning with the date of the determination or
decision, if the Commission finds that such individual, within thirty-six 36
calendar months immediately preceding such determination or decision, has made a false statement or
representation knowing it to be false, or has knowingly failed to disclose a material fact, to obtain
or increase any benefit or payment under this title, the unemployment
compensation of any other state, or any other program of the federal government
which is administered in any way under this title, either for himself or any
other person. Additionally, such individual shall be ineligible for benefits
until he has repaid the Commission the sum which that has been fraudulently
obtained.
5. If such separation arose as a result of an unlawful act which resulted in a
conviction and after his release from prison or jail until he has performed
services for an employer for (i) thirty 30 days, whether or not such days are
consecutive, or (ii) 240 hours, and subsequently becomes totally or partially separated from such
employment.