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An Act To Amend the Unemployment Compensation Law Regarding Denial of Benefits for Refusing To Accept Work
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §1193, sub-§3, as amended by PL 1983, c. 650, §1, is further amended to read:
 
3. Refused to accept work.   For the duration of his unemployment subsequent to his having refusedthe individual's refusing to accept an offer of suitable work for which hethe individual is reasonably fitted, or having refused; the individual's refusing to accept a referral to a suitable job opportunity when directed to do so by a local employment office of this State or another state or if an employer is; a former employer's being unable to contact a former employeethe individual at the individual's last known or given address, for the purpose of recall to suitable employment; the individual's being unable to accept an offer of employment from a previous employer due to the individual's unreasonably forfeiting a license or other qualifying credential necessary for employment; or the individual failsindividual's failing to respond to a request to report to the local office for the purpose of a referral to a suitable job, and the. The disqualification shall continuecontinues until claimantthe individual has earned 8 times histhe individual's weekly benefit amount in employment by an employer. If the deputy determines that refusal has occurred for cause of necessitous and compelling nature, the individual shall beis ineligible while suchthat inability or unavailability continues, but shall bethe individual is eligible to receive prorated benefits for that portion of the week during which hethe individual was able and available.
 
A.  In determining whether or not any work is suitable for an individual during the first 12 consecutive weeks of unemployment, the deputy shall consider the degree of risk involved to histhe individual's health, safety and morals, histhe individual's physical fitness and prior training, histhe individual's experience and prior earnings, histhe individual's length of unemployment and prospects for securing local work in histhe individual's customary occupation, and the distance of the available work from histhe individual's residence.
 
In determining whether or not work is suitable for an individual after the first 12 consecutive weeks of unemployment, the deputy shall consider the degree of risk involved to histhe individual's health, safety and morals, histhe individual's physical fitness, histhe individual's prior earnings, histhe individual's length of unemployment and prospects for securing local work in histhe individual's customary occupation and the distance of the available work from histhe individual's residence. The individual's prior earnings shallmay not be considered with respect to an offer of or referral to an otherwise suitable job whichthat pays wages equal to or exceeding the average weekly wage in the State of Maine.
 
B.  Notwithstanding any other provisions of this chapter, work shallmay not be deemedconsidered suitable and benefits shallmay not be denied under this chapter 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 work are substantially less favorable to the individual than those prevailing for similar work in the locality;
 
(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;
 
(4) If the position offered is the same one previously vacated by the claimant individual for good cause attributable to that employment or is the position which that the employee left for reasons attributable to that employment, but which that were found insufficient to relieve disqualification for benefits under subsection 1, paragraph A, provided that as long as, in either instance, the specific good cause or specific reasons for leaving have not been removed or otherwise changed; and
 
(5) If the position offered is on a shift, the greater part of which falls between the hours of midnight to 5 a.m., and is refused because of parental obligation, the need to care for an immediate family member, or the unavailability of a personal care attendant required to assist the unemployed individual who is a handicapped person.
 
SUMMARY
Current unemployment benefit law provides for the disqualification from receipt of unemployment compensation of an individual who refuses to accept an offer of suitable work or is unable to be located by a prior employer, among other reasons. This bill adds to that list an individual who forfeits, unreasonably, a license or other credential necessary for employment by a former employer.