Indiana 2022 Regular Session

Indiana House Bill HB1229 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1229
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 22-4; IC 22-5-4.6.
7	7	Synopsis: Vaccines and employment. Provides that if an employer
8	8	requires an employee to receive a COVID-19 vaccine, the employer
9	9	must waive the COVID-19 vaccine requirement if an employee
10	10	requests a waiver and submits certain statements to the employer on the
11	11	basis of medical reasons, religious reasons, or previous COVID-19
12	12	infection. Provides that an individual is not disqualified from
13	13	unemployment benefits if the individual has requested an exemption
14	14	from an employer's COVID-19 immunization requirement, has
15	15	complied with the requirements for seeking an exemption, and was
16	16	discharged from employment for failing or refusing to receive an
17	17	immunization against COVID-19. Provides that charges based on the
18	18	wage credits shall only be charged to the experience or reimbursable
19	19	account of the employer who discharged the employee for failing or
20	20	refusing to receive an immunization against COVID-19.
21	21	Effective: July 1, 2022.
22	22	Lindauer
23	23	January 6, 2022, read first time and referred to Committee on Employment, Labor and
24	24	Pensions.
25	25	2022 IN 1229—LS 6802/DI 107 Introduced
26	26	Second Regular Session of the 122nd General Assembly (2022)
27	27	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
28	28	Constitution) is being amended, the text of the existing provision will appear in this style type,
29	29	additions will appear in this style type, and deletions will appear in this style type.
30	30	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
31	31	provision adopted), the text of the new provision will appear in this style type. Also, the
32	32	word NEW will appear in that style type in the introductory clause of each SECTION that adds
33	33	a new provision to the Indiana Code or the Indiana Constitution.
34	34	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
35	35	between statutes enacted by the 2021 Regular Session of the General Assembly.
36	36	HOUSE BILL No. 1229
37	37	A BILL FOR AN ACT to amend the Indiana Code concerning labor
38	38	and safety.
39	39	Be it enacted by the General Assembly of the State of Indiana:
40	40	1 SECTION 1. IC 22-4-2-41 IS ADDED TO THE INDIANA CODE
41	41	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
42	42	3 1, 2022]: Sec. 41. As used in this article, "COVID-19" has the
43	43	4 meaning set forth in IC 34-30-32-3.
44	44	5 SECTION 2. IC 22-4-2-42 IS ADDED TO THE INDIANA CODE
45	45	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
46	46	7 1, 2022]: Sec. 42. As used in this article, "immunization" means the
47	47	8 treatment of an individual with a vaccine to produce immunity.
48	48	9 SECTION 3. IC 22-4-11-1, AS AMENDED BY P.L.154-2013,
49	49	10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
50	50	11 JULY 1, 2022]: Sec. 1. (a) For the purpose of charging employers'
51	51	12 experience or reimbursable accounts with regular benefits paid
52	52	13 subsequent to July 3, 1971, to any eligible individual but except as
53	53	14 provided in IC 22-4-22 and subsection subsections (f) and (i), such
54	54	15 benefits paid shall be charged proportionately against the experience
55	55	16 or reimbursable accounts of the individual's employers in the
56	56	17 individual's base period (on the basis of total wage credits established
57	57	2022 IN 1229—LS 6802/DI 107 2
58	58	1 in such base period) against whose accounts the maximum charges
59	59	2 specified in this section shall not have been previously made. Such
60	60	3 charges shall be made in the inverse chronological order in which the
61	61	4 wage credits of such individuals were established. However, when an
62	62	5 individual's claim has been computed for the purpose of determining
63	63	6 the individual's regular benefit rights, maximum regular benefit
64	64	7 amount, and the proportion of such maximum amount to be charged to
65	65	8 the experience or reimbursable accounts of respective chargeable
66	66	9 employers in the base period, the experience or reimbursable account
67	67	10 of any employer charged with regular benefits paid shall not be
68	68	11 credited or recredited with any portion of such maximum amount
69	69	12 because of any portion of such individual's wage credits remaining
70	70	13 uncharged at the expiration of the individual's benefit period. The
71	71	14 maximum so charged against the account of any employer shall not
72	72	15 exceed twenty-eight percent (28%) of the total wage credits of such
73	73	16 individual with each such employer with which wage credits were
74	74	17 established during such individual's base period. Benefits paid under
75	75	18 provisions of IC 22-4-22-3 in excess of the amount that the claimant
76	76	19 would have been monetarily eligible for under other provisions of this
77	77	20 article shall be paid from the fund and not charged to the experience
78	78	21 account of any employer. This exception shall not apply to those
79	79	22 employers electing to make payments in lieu of contributions who shall
80	80	23 be charged for the full amount of regular benefit payments and the part
81	81	24 of benefits not reimbursed by the federal government under the
82	82	25 Federal-State Extended Unemployment Compensation Act of 1970 that
83	83	26 are attributable to service in their employ. Irrespective of the
84	84	27 twenty-eight percent (28%) maximum limitation provided for in this
85	85	28 section, the part of benefits not reimbursed by the federal government
86	86	29 under the Federal-State Extended Unemployment Compensation Act
87	87	30 of 1970 paid to an eligible individual based on service with a
88	88	31 governmental entity of this state or its political subdivisions shall be
89	89	32 charged to the experience or reimbursable accounts of the employers,
90	90	33 and the part of benefits not reimbursed by the federal government
91	91	34 under the Federal-State Extended Unemployment Compensation Act
92	92	35 of 1970 paid to an eligible individual shall be charged to the experience
93	93	36 or reimbursable accounts of the individual's employers in the
94	94	37 individual's base period, other than governmental entities of this state
95	95	38 or its political subdivisions, in the same proportion and sequence as are
96	96	39 provided in this section for regular benefits paid. Additional benefits
97	97	40 paid under IC 22-4-12-4(c) and benefits paid under IC 22-4-15-1(c)(8)
98	98	41 shall:
99	99	42 (1) be paid from the fund; and
100	100	2022 IN 1229—LS 6802/DI 107 3
101	101	1 (2) not be charged to the experience account or the reimbursable
102	102	2 account of any employer.
103	103	3 (b) If the aggregate of wages paid to an individual by two (2) or
104	104	4 more employers during the same calendar quarter exceeds the
105	105	5 maximum wage credits (as defined in IC 22-4-4-3) then the experience
106	106	6 or reimbursable account of each such employer shall be charged in the
107	107	7 ratio which the amount of wage credits from such employer bears to the
108	108	8 total amount of wage credits during the base period.
109	109	9 (c) When wage records show that an individual has been employed
110	110	10 by two (2) or more employers during the same calendar quarter of the
111	111	11 base period but do not indicate both that such employment was
112	112	12 consecutive and the order of sequence thereof, then and in such cases
113	113	13 it shall be deemed that the employer with whom the individual
114	114	14 established a plurality of wage credits in such calendar quarter is the
115	115	15 most recent employer in such quarter and its experience or
116	116	16 reimbursable account shall be first charged with benefits paid to such
117	117	17 individual. The experience or reimbursable account of the employer
118	118	18 with whom the next highest amount of wage credits were established
119	119	19 shall be charged secondly and the experience or reimbursable accounts
120	120	20 of other employers during such quarters, if any, shall likewise be
121	121	21 charged in order according to plurality of wage credits established by
122	122	22 such individual.
123	123	23 (d) Except as provided in subsection subsections (f) and (i) or
124	124	24 section 1.5 of this chapter, if an individual:
125	125	25 (1) voluntarily leaves an employer without good cause in
126	126	26 connection with the work; or
127	127	27 (2) is discharged from an employer for just cause;
128	128	28 wage credits earned with the employer from whom the employee has
129	129	29 separated under these conditions shall be used to compute the
130	130	30 claimant's eligibility for benefits, but charges based on such wage
131	131	31 credits shall be paid from the fund and not charged to the experience
132	132	32 account of any employer. However, this exception shall not apply to
133	133	33 those employers who elect to make payments in lieu of contributions,
134	134	34 who shall be charged for all benefit payments which are attributable to
135	135	35 service in their employ.
136	136	36 (e) Any nonprofit organization which elects to make payments in
137	137	37 lieu of contributions into the unemployment compensation fund as
138	138	38 provided in this article is not liable to make the payments with respect
139	139	39 to the benefits paid to any individual whose base period wages include
140	140	40 wages for previously uncovered services as defined in IC 22-4-4-4, nor
141	141	41 is the experience account of any other employer liable for charges for
142	142	42 benefits paid the individual to the extent that the unemployment
143	143	2022 IN 1229—LS 6802/DI 107 4
144	144	1 compensation fund is reimbursed for these benefits pursuant to Section
145	145	2 121 of P.L.94-566. Payments which otherwise would have been
146	146	3 chargeable to the reimbursable or contributing employers shall be
147	147	4 charged to the fund.
148	148	5 (f) If an individual:
149	149	6 (1) earns wages during the individual's base period through
150	150	7 employment with two (2) or more employers concurrently;
151	151	8 (2) is separated from work by one (1) of the employers for reasons
152	152	9 that would not result in disqualification under IC 22-4-15-1; and
153	153	10 (3) continues to work for one (1) or more of the other employers
154	154	11 after the end of the base period and continues to work during the
155	155	12 applicable benefit year on substantially the same basis as during
156	156	13 the base period;
157	157	14 wage credits earned with the base period employers shall be used to
158	158	15 compute the claimant's eligibility for benefits, but charges based on the
159	159	16 wage credits from the employer who continues to employ the individual
160	160	17 shall be charged to the experience or reimbursable account of the
161	161	18 separating employer.
162	162	19 (g) Subsection (f) does not affect the eligibility of a claimant who
163	163	20 otherwise qualifies for benefits nor the computation of benefits.
164	164	21 (h) Unemployment benefits paid shall not be charged to the
165	165	22 experience account of a base period employer when the claimant's
166	166	23 unemployment from the employer was a direct result of the
167	167	24 condemnation of property by a municipal corporation (as defined in
168	168	25 IC 36-1-2-10), the state, or the federal government, a fire, a flood, or an
169	169	26 act of nature, when at least fifty percent (50%) of the employer's
170	170	27 employees, including the claimant, became unemployed as a result.
171	171	28 This exception does not apply when the unemployment was an
172	172	29 intentional result of the employer or a person acting on behalf of the
173	173	30 employer.
174	174	31 (i) This subsection applies to an individual who has requested an
175	175	32 exemption from an employer's COVID-19 immunization
176	176	33 requirement and has complied with the requirements set forth in
177	177	34 IC 22-5-4.6. If an individual:
178	178	35 (1) earns wages during the individual's base period through
179	179	36 employment with two (2) or more employers; and
180	180	37 (2) is separated from work by an employer for failing or
181	181	38 refusing to receive an immunization against COVID-19;
182	182	39 wage credits earned with the base period employers shall be used
183	183	40 to compute the claimant's eligibility for benefits, but charges based
184	184	41 on the wage credits shall only be charged to the experience or
185	185	42 reimbursable account of the separating employer described in
186	186	2022 IN 1229—LS 6802/DI 107 5
187	187	1 subdivision (2).
188	188	2 SECTION 4. IC 22-4-15-1, AS AMENDED BY P.L.224-2017,
189	189	3 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
190	190	4 JULY 1, 2022]: Sec. 1. (a) Regarding an individual's most recent
191	191	5 separation from employment before filing an initial or additional claim
192	192	6 for benefits, an individual who voluntarily left the employment without
193	193	7 good cause in connection with the work or was discharged from the
194	194	8 employment for just cause is ineligible for waiting period or benefit
195	195	9 rights for the week in which the disqualifying separation occurred and
196	196	10 until:
197	197	11 (1) the individual has earned remuneration in employment in at
198	198	12 least eight (8) weeks; and
199	199	13 (2) the remuneration earned equals or exceeds the product of the
200	200	14 weekly benefit amount multiplied by eight (8).
201	201	15 If the qualification amount has not been earned at the expiration of an
202	202	16 individual's benefit period, the unearned amount shall be carried
203	203	17 forward to an extended benefit period or to the benefit period of a
204	204	18 subsequent claim.
205	205	19 (b) When it has been determined that an individual has been
206	206	20 separated from employment under disqualifying conditions as outlined
207	207	21 in this section, the maximum benefit amount of the individual's current
208	208	22 claim, as initially determined, shall be reduced by an amount
209	209	23 determined as follows:
210	210	24 (1) For the first separation from employment under disqualifying
211	211	25 conditions, the maximum benefit amount of the individual's
212	212	26 current claim is equal to the result of:
213	213	27 (A) the maximum benefit amount of the individual's current
214	214	28 claim, as initially determined; multiplied by
215	215	29 (B) seventy-five percent (75%);
216	216	30 rounded (if not already a multiple of one dollar ($1)) to the next
217	217	31 higher dollar.
218	218	32 (2) For the second separation from employment under
219	219	33 disqualifying conditions, the maximum benefit amount of the
220	220	34 individual's current claim is equal to the result of:
221	221	35 (A) the maximum benefit amount of the individual's current
222	222	36 claim determined under subdivision (1); multiplied by
223	223	37 (B) eighty-five percent (85%);
224	224	38 rounded (if not already a multiple of one dollar ($1)) to the next
225	225	39 higher dollar.
226	226	40 (3) For the third and any subsequent separation from employment
227	227	41 under disqualifying conditions, the maximum benefit amount of
228	228	42 the individual's current claim is equal to the result of:
229	229	2022 IN 1229—LS 6802/DI 107 6
230	230	1 (A) the maximum benefit amount of the individual's current
231	231	2 claim determined under subdivision (2); multiplied by
232	232	3 (B) ninety percent (90%);
233	233	4 rounded (if not already a multiple of one dollar ($1)) to the next
234	234	5 higher dollar.
235	235	6 (c) The disqualifications provided in this section shall be subject to
236	236	7 the following modifications:
237	237	8 (1) An individual shall not be subject to disqualification because
238	238	9 of separation from the individual's employment if:
239	239	10 (A) the individual left to accept with another employer
240	240	11 previously secured permanent full-time work which offered
241	241	12 reasonable expectation of continued covered employment and
242	242	13 betterment of wages or working conditions and thereafter was
243	243	14 employed on said job;
244	244	15 (B) having been simultaneously employed by two (2)
245	245	16 employers, the individual leaves one (1) such employer
246	246	17 voluntarily without good cause in connection with the work
247	247	18 but remains in employment with the second employer with a
248	248	19 reasonable expectation of continued employment; or
249	249	20 (C) the individual left to accept recall made by a base period
250	250	21 employer.
251	251	22 (2) An individual whose unemployment is the result of medically
252	252	23 substantiated physical disability and who is involuntarily
253	253	24 unemployed after having made reasonable efforts to maintain the
254	254	25 employment relationship shall not be subject to disqualification
255	255	26 under this section for such separation.
256	256	27 (3) An individual who left work to enter the armed forces of the
257	257	28 United States shall not be subject to disqualification under this
258	258	29 section for such leaving of work.
259	259	30 (4) An individual whose employment is terminated under the
260	260	31 compulsory retirement provision of a collective bargaining
261	261	32 agreement to which the employer is a party, or under any other
262	262	33 plan, system, or program, public or private, providing for
263	263	34 compulsory retirement and who is otherwise eligible shall not be
264	264	35 deemed to have left the individual's work voluntarily without
265	265	36 good cause in connection with the work. However, if such
266	266	37 individual subsequently becomes reemployed and thereafter
267	267	38 voluntarily leaves work without good cause in connection with the
268	268	39 work, the individual shall be deemed ineligible as outlined in this
269	269	40 section.
270	270	41 (5) An otherwise eligible individual shall not be denied benefits
271	271	42 for any week because the individual is in training approved under
272	272	2022 IN 1229—LS 6802/DI 107 7
273	273	1 Section 236(a)(1) of the Trade Act of 1974, nor shall the
274	274	2 individual be denied benefits by reason of leaving work to enter
275	275	3 such training, provided the work left is not suitable employment,
276	276	4 or because of the application to any week in training of provisions
277	277	5 in this law (or any applicable federal unemployment
278	278	6 compensation law), relating to availability for work, active search
279	279	7 for work, or refusal to accept work. For purposes of this
280	280	8 subdivision, the term "suitable employment" means with respect
281	281	9 to an individual, work of a substantially equal or higher skill level
282	282	10 than the individual's past adversely affected employment (as
283	283	11 defined for purposes of the Trade Act of 1974), and wages for
284	284	12 such work at not less than eighty percent (80%) of the individual's
285	285	13 average weekly wage as determined for the purposes of the Trade
286	286	14 Act of 1974.
287	287	15 (6) An individual is not subject to disqualification because of
288	288	16 separation from the individual's employment if:
289	289	17 (A) the employment was outside the individual's labor market;
290	290	18 (B) the individual left to accept previously secured full-time
291	291	19 work with an employer in the individual's labor market; and
292	292	20 (C) the individual actually became employed with the
293	293	21 employer in the individual's labor market.
294	294	22 (7) An individual who, but for the voluntary separation to move
295	295	23 to another labor market to join a spouse who had moved to that
296	296	24 labor market, shall not be disqualified for that voluntary
297	297	25 separation, if the individual is otherwise eligible for benefits.
298	298	26 Benefits paid to the spouse whose eligibility is established under
299	299	27 this subdivision shall not be charged against the employer from
300	300	28 whom the spouse voluntarily separated.
301	301	29 (8) An individual shall not be subject to disqualification if the
302	302	30 individual voluntarily left employment or was discharged due to
303	303	31 circumstances directly caused by domestic or family violence (as
304	304	32 defined in IC 31-9-2-42). An individual who may be entitled to
305	305	33 benefits based on this modification may apply to the office of the
306	306	34 attorney general under IC 5-26.5 to have an address designated by
307	307	35 the office of the attorney general to serve as the individual's
308	308	36 address for purposes of this article.
309	309	37 (9) An individual whose employment is terminated because
310	310	38 the individual refused to receive an immunization against
311	311	39 COVID-19 (as defined in IC 22-5-4.6-1) and whose employer
312	312	40 did not allow for an exemption as required by IC 22-5-4.6
313	313	41 shall not be subject to disqualification under this section for
314	314	42 these separations.
315	315	2022 IN 1229—LS 6802/DI 107 8
316	316	1 As used in this subsection, "labor market" means the area surrounding
317	317	2 an individual's permanent residence, outside which the individual
318	318	3 cannot reasonably commute on a daily basis. In determining whether
319	319	4 an individual can reasonably commute under this subdivision, the
320	320	5 department shall consider the nature of the individual's job.
321	321	6 (d) "Discharge for just cause" as used in this section is defined to
322	322	7 include but not be limited to:
323	323	8 (1) separation initiated by an employer for falsification of an
324	324	9 employment application to obtain employment through
325	325	10 subterfuge;
326	326	11 (2) knowing violation of a reasonable and uniformly enforced rule
327	327	12 of an employer, including a rule regarding attendance;
328	328	13 (3) if an employer does not have a rule regarding attendance, an
329	329	14 individual's unsatisfactory attendance, if good cause for absences
330	330	15 or tardiness is not established;
331	331	16 (4) damaging the employer's property through willful negligence;
332	332	17 (5) refusing to obey instructions;
333	333	18 (6) reporting to work under the influence of alcohol or drugs or
334	334	19 consuming alcohol or drugs on employer's premises during
335	335	20 working hours;
336	336	21 (7) conduct endangering safety of self or coworkers;
337	337	22 (8) incarceration in jail following conviction of a misdemeanor or
338	338	23 felony by a court of competent jurisdiction;
339	339	24 (9) any breach of duty in connection with work which is
340	340	25 reasonably owed an employer by an employee; or
341	341	26 (10) testing positive on a drug test under IC 16-27-2.5.
342	342	27 (e) To verify that domestic or family violence has occurred, an
343	343	28 individual who applies for benefits under subsection (c)(8) shall
344	344	29 provide one (1) of the following:
345	345	30 (1) A report of a law enforcement agency (as defined in
346	346	31 IC 10-13-3-10).
347	347	32 (2) A protection order issued under IC 34-26-5.
348	348	33 (3) A foreign protection order (as defined in IC 34-6-2-48.5).
349	349	34 (4) An affidavit from a domestic violence service provider
350	350	35 verifying services provided to the individual by the domestic
351	351	36 violence service provider.
352	352	37 SECTION 5. IC 22-5-4.6 IS ADDED TO THE INDIANA CODE
353	353	38 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
354	354	39 JULY 1, 2022]:
355	355	40 Chapter 4.6. Exemptions from COVID-19 Immunization
356	356	41 Requirements
357	357	42 Sec. 1. As used in this chapter, "COVID-19" has the meaning set
358	358	2022 IN 1229—LS 6802/DI 107 9
359	359	1 forth in IC 34-30-32-3.
360	360	2 Sec. 2. As used in this chapter, "employee" means an individual
361	361	3 who is employed for wages by an employer. The term includes an
362	362	4 applicant for employment.
363	363	5 Sec. 3. As used in this chapter, "employer" means a person who
364	364	6 employs an individual for wages.
365	365	7 Sec. 4. An employer that requires an employee to receive a
366	366	8 COVID-19 vaccine must waive the COVID-19 vaccine requirement
367	367	9 if the employee, or if the employee is less than eighteen (18) years
368	368	10 of age, the employee's parent or guardian, requests a waiver and
369	369	11 submits any of the following to the employer:
370	370	12 (1) A statement that receiving the vaccine would be injurious
371	371	13 to the health and well-being of the employee or an individual
372	372	14 residing with the employee.
373	373	15 (2) A statement that receiving the vaccine would conflict with
374	374	16 the tenets and practices of a religion of which the employee is
375	375	17 an adherent or member.
376	376	18 (3) A statement that the individual has had a prior COVID-19
377	377	19 infection and has recovered from the infection.
378	378	2022 IN 1229—LS 6802/DI 107