SB 319 Unemployment compensation

Bill ID:2012 Senate Bill 319
Introduced:Tuesday, January 10, 2012
Sponsors: ---
Status:Introduced
Complete Text: Read Now

Unemployment compensation; misconduct and qualification for benefits; tests for nonprescribed controlled substances.  Provides that an unemployed individual is not available for work, and thus is ineligible to receive unemployment benefits, until a representative of the Virginia Employment Commission has screened the individual to determine whether probable cause exists to believe the individual is engaged in the use of nonprescribed controlled substances. Probable cause to believe such individual is engaged in the use of a nonprescribed controlled substance will exist for any individual who, within the preceding 10 weeks, has been discharged from employment for misconduct consisting of use of a nonprescribed controlled substance. If a screening indicates probable cause to believe an individual is engaged in the use of a nonprescribed controlled substance, the Commission shall require a formal substance abuse assessment of the individual. An individual who fails or refuses to participate in a screening or assessment without good cause or who tests positive for the use of a nonprescribed controlled substance shall be ineligible to receive unemployment benefits for six months. In addition, (i) an individual who has been discharged from employment for misconduct consisting of use of a nonprescribed controlled substance will also be barred, during the following 10 weeks, from receiving unemployment benefits otherwise payable as a result of other employment, (ii) the provision that currently permits the Commission to consider evidence of mitigating circumstances in determining whether misconduct occurred is repealed, (iii) any benefits paid to an employee who has been discharged from employment for misconduct consisting of use of a nonprescribed controlled substance shall not be charged to the account of the employer that discharged the employee, (iv) an individual who has been rejected for offered employment as the result of either failing to appear for such a drug screen that is a condition of a job offer or testing positive for a nonprescribed controlled substance is disqualified from receiving unemployment benefits, and (v) provisions allowing drug tests to comply with standards other than a United States Department of Transportation-qualified drug screen are repealed.

Related Issues: Unemployment

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