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2008 SESSION
087943460Be 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 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 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 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 a United States
Department of Transportation-qualified
drug screen conducted in accordance with the employer's bona fide drug policy.
The
Commission may consider evidence of mitigating circumstances in determining
whether misconduct occurred. Such
misconduct shall disqualify the
employee (i) from the date of filing the claim until the employee shall have 10 weeks of employment
in each of which week the employee shall
have earned wages equal to at
least the employee's weekly benefit amount; and (ii)
until the employee passes a United States
Department of Transportation-qualified drug screen by testing negative for such
nonprescribed controlled substances. If an employee is
disqualified for benefits pursuant to such misconduct, no
benefit paid to the employee with respect to any week of
unemployment after the discharge shall be charged to the account of the
employer that discharged the employee if the
benefit is based upon wages paid to the employee for employment before the
discharge by the employer that discharged the individual.
(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.
(4) Chronic absenteeism or tardiness in deliberate violation of a known policy of the employer or one or more unapproved absences following a written reprimand or warning relating to more than one unapproved absence. 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 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, (i) fails
to appear for a United States Department of
Transportation-qualified drug screen after receiving a bona fide offer of
suitable employment conditioned upon passage of the drug screen or (ii) 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) that is 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 a
United States Department of Transportation-qualified drug screen conducted in
accordance with the employer's bona fide drug policy. 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 30 days, whether or not
such days are consecutive, or (ii) for 240 hours, and subsequently becomes
totally or partially separated from such employment until the disqualified individual passes a United
States Department of Transportation-qualified drug screen by testing negative
for such nonprescribed controlled substances.
4. For 52 weeks, beginning with the date of the determination or decision, if the Commission finds that such individual, within 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 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) 30 days, whether or not such days are consecutive, or (ii) 240 hours, and subsequently becomes totally or partially separated from such employment.
6. If such separation arose as a condition of the individual's parole or release from a custodial or penal institution and such individual was participating in the Diversion Center Incarceration Program pursuant to § 19.2-316.3.