(a)With respect to benefit periods established
on and after July 3, 1977, an individual is ineligible for waiting period
or benefit rights, or extended benefit rights, if the department finds that,
being totally, partially, or part-totally unemployed at the time when the
work offer is effective or when the individual is directed to apply for
work, the individual fails without good cause:
(1)to apply for available, suitable work when directed by the
commissioner, the deputy, or an authorized representative of the
department of workforce development or the United States
training and employment service;
(2)to accept, at any time after the individual is notified of a
separation, suitable work when found for and offered to the
individual by the commissioner, the deputy, or an authorized
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(a) With respect to benefit periods established
on and after July 3, 1977, an individual is ineligible for waiting period
or benefit rights, or extended benefit rights, if the department finds that,
being totally, partially, or part-totally unemployed at the time when the
work offer is effective or when the individual is directed to apply for
work, the individual fails without good cause:
(1) to apply for available, suitable work when directed by the
commissioner, the deputy, or an authorized representative of the
department of workforce development or the United States
training and employment service;
(2) to accept, at any time after the individual is notified of a
separation, suitable work when found for and offered to the
individual by the commissioner, the deputy, or an authorized
representative of the department of workforce development or the
United States training and employment service, or an employment
unit; or
(3) to return to the individual's customary self-employment when
directed by the commissioner or the deputy.
(b) With respect to benefit periods established on and after July 6,
1980, the ineligibility shall continue for the week in which the failure
occurs and until the individual earns:
(1) remuneration in employment in at least each of eight (8)
weeks; and
(2) remuneration equal to or exceeding the product of the
individual's weekly benefit amount multiplied by eight (8).
If the qualification amount has not been earned at the expiration of an
individual's benefit period, the unearned amount shall be carried
forward to an extended benefit period or to the benefit period of a
subsequent claim.
(c) With respect to extended benefit periods established on and after
July 5, 1981, the ineligibility shall continue for the week in which the
failure occurs and until the individual earns remuneration in
employment equal to or exceeding the weekly benefit amount of the
individual's claim in each of four (4) weeks.
(d) If an individual failed to apply for or accept suitable work as
outlined in this section, the maximum benefit amount of the
individual's current claim, as initially determined, shall be reduced by
an amount determined as follows:
(1) For the first failure to apply for or accept suitable work, the
maximum benefit amount of the individual's current claim is
equal to the result of:
(A) the maximum benefit amount of the individual's current
claim, as initially determined; multiplied by
(B) seventy-five percent (75%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(2) For the second failure to apply for or accept suitable work, the
maximum benefit amount of the individual's current claim is
equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (1); multiplied by
(B) eighty-five percent (85%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(3) For the third and any subsequent failure to apply for or accept
suitable work, the maximum benefit amount of the individual's
current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (2); multiplied by
(B) ninety percent (90%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(e) In determining whether or not any such work is suitable for an
individual, the department shall consider:
(1) the degree of risk involved to such individual's health, safety,
and morals;
(2) the individual's physical fitness and prior training and
experience;
(3) the individual's length of unemployment and prospects for
securing local work in the individual's customary occupation; and
(4) the distance of the available work from the individual's
residence.
However, work under substantially the same terms and conditions
under which the individual was employed by a base-period employer,
which is within the individual's prior training and experience and
physical capacity to perform, shall be considered to be suitable work
unless the claimant has made a bona fide change in residence which
makes such offered work unsuitable to the individual because of the
distance involved. During the fifth through the eighth consecutive week
of claiming benefits, work is not considered unsuitable solely because
the work pays not less than ninety percent (90%) of the individual's
prior weekly wage. After eight (8) consecutive weeks of claiming
benefits, work is not considered unsuitable solely because the work
pays not less than eighty percent (80%) of the individual's prior weekly
wage. However, work is not considered suitable under this section if
the work pays less than Indiana's minimum wage as determined under
IC 22-2-2. For an individual who is subject to section 1(c)(8) of this
chapter, the determination of suitable work for the individual must
reasonably accommodate the individual's need to address the physical,
psychological, legal, and other effects of domestic or family violence.
(f) Notwithstanding any other provisions of this article, no work
shall be considered suitable and benefits shall not be denied under this
article 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 remuneration, hours, or other conditions of the work
offered 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 a bona fide labor organization.
(4) If as a condition of being employed the individual would be
required to discontinue training into which the individual had
entered with the approval of the department.
(g) An individual is considered to have refused an offer of suitable
work under subsection (a) if an offer of work is withdrawn by an
employer after an individual:
(1) tests positive for drugs after a drug test given on behalf of the
prospective employer as a condition of an offer of employment;
or
(2) refuses, without good cause, to submit to a drug test required
by the prospective employer as a condition of an offer of
employment.
(h) The department's records concerning the results of a drug test
described in subsection (g) may not be admitted against a defendant in
a criminal proceeding.
Formerly: Acts 1947, c.208, s.1502; Acts 1953, c.177, s.15;
Acts 1957, c.261, s.2; Acts 1971, P.L.355, SEC.36; Acts 1974,
P.L.110, SEC.5. As amended by Acts 1977, P.L.262, SEC.26; Acts
1980, P.L.158, SEC.6; Acts 1981, P.L.209, SEC.8; Acts 1982, P.L.95,
SEC.5; P.L.20-1986, SEC.10; P.L.2-1987, SEC.31; P.L.18-1987,
SEC.45; P.L.21-1995, SEC.84; P.L.290-2001, SEC.8; P.L.189-2003,
SEC.4; P.L.97-2004, SEC.83; P.L.175-2009, SEC.24; P.L.12-2011,
SEC.4; P.L.121-2014, SEC.13; P.L.183-2015, SEC.8; P.L.200-2025,
SEC.19.