FILED SENATE
May 14, 2020
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 792
SESSION 2019 PRINCIPAL CLERK
S D
SENATE BILL DRS15514-LRa-145C
Short Title: UI Modifications/Increase Benefits/Funds. (Public)
Sponsors: Senators Nickel, Mohammed, and Chaudhuri (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT AMENDING THE EMPLOYMENT SECURITY LAWS BY INCREASING
3 BENEFIT ELIGIBILITY TO A TWENTY-SIX WEEK PERIOD AND THE MAXIMUM
4 WEEKLY BENEFIT AMOUNT TO FOUR HUNDRED FIFTY DOLLARS, BASING THE
5 CALCULATION OF THE BENEFIT AMOUNT ON THE AVERAGE OF THE TWO
6 HIGHEST PAID QUARTERS, PROVIDING BENEFITS IN CASES WHERE AN
7 INDIVIDUAL LEAVES EMPLOYMENT FOR SPOUSAL RELOCATION OR HEALTH
8 REASONS OR DUE TO AN UNDUE HARDSHIP, AND APPROPRIATING FUNDS TO
9 INFORM THE PUBLIC OF THESE CHANGES; AND AUTHORIZING THE
10 LEGISLATIVE RESEARCH COMMISSION TO STUDY THE FEASIBILITY OF
11 ESTABLISHING A SHORT-TERM COMPENSATION PROGRAM TO BENEFIT
12 EMPLOYERS AND EMPLOYEES.
13 The General Assembly of North Carolina enacts:
14 SECTION 1. G.S. 96-14.2(a) reads as rewritten:
15 "(a) Weekly Benefit Amount. – The weekly benefit amount for an individual who is totally
16 unemployed is an amount equal to the average of the wages paid to the individual in the last two
17 completed quarters two highest paid quarters of the individual's base period divided by 52 and
18 rounded to the next lower whole dollar. If this amount is less than fifteen dollars ($15.00), the
19 individual is not eligible for benefits. The weekly benefit amount may not exceed three hundred
20 fifty dollars ($350.00).four hundred fifty dollars ($450.00)."
21 SECTION 2. G.S. 96-14.3 reads as rewritten:
22 "§ 96-14.3. Duration of benefits.
23 (a) Duration. – The number of weeks an individual is allowed to receive unemployment
24 benefits depends on the seasonal adjusted statewide unemployment rate that applies to the
25 six-month base period in which the claim is filed. One six-month base period begins on January
26 1 and one six-month base period begins on July 1. For the base period that begins January 1, the
27 average of the seasonal adjusted unemployment rates for the State for the preceding months of
28 July, August, and September applies. For the base period that begins July 1, the average of the
29 seasonal adjusted unemployment rates for the State for the preceding months of January,
30 February, and March applies. The Division must use the most recent seasonal adjusted
31 unemployment rate determined by the U.S. Department of Labor, Bureau of Labor Statistics, and
32 not the rate as revised in the annual benchmark.
33 Seasonal Adjusted Number
34 Unemployment Rate of Weeks
35 Less than or equal to 5.5% 12
36 Greater than 5.5% up to 6% 13
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 General Assembly Of North Carolina Session 2019
1 Greater than 6% up to 6.5% 14
2 Greater than 6.5% up to 7% 15
3 Greater than 7% up to 7.5% 16
4 Greater than 7.5% up to 8% 17
5 Greater than 8% up to 8.5% 18
6 Greater than 8.5% up to 9% 19
7 Greater than 9% 20
8 (a1) Maximum Duration. – An eligible individual is entitled to receive unemployment
9 benefits for a maximum period of 26 weeks, unless the benefit period is extended expressly by
10 State or federal law.
11 (b) Total Benefits. – The total benefits paid to an individual equals the individual's
12 weekly benefit amount allowed under G.S. 96-14.2 multiplied by the number of weeks allowed
13 under subsection (a) of this section.26."
14 SECTION 3. G.S. 96-14.8 reads as rewritten:
15 "§ 96-14.8. Military spouse relocation Spousal relocation, undue family hardship, health
16 reasons, and domestic violence are good causes for leaving.
17 An individual is not disqualified for benefits for leaving work for one of the reasons listed in
18 this section. Benefits paid on the basis of this section are not chargeable to the employer's
19 account:
20 (1) Military spouse relocation. – Leaving work to accompany the individual's
21 spouse to a new place of residence because the spouse has been reassigned
22 from one military assignment to another.
23 (2) Domestic violence. – Leaving work for reasons of domestic violence if the
24 individual reasonably believes that the individual's continued employment
25 would jeopardize the safety of the individual or of any member of the
26 individual's immediate family. For purposes of this subdivision, an individual
27 is a victim of domestic violence if one or more of the following applies:
28 a. The individual has been adjudged an aggrieved party as set forth by
29 Chapter 50B of the General Statutes.
30 b. There is evidence of domestic violence, sexual offense, or stalking.
31 Evidence of domestic violence, sexual offense, or stalking may
32 include any one or more of the following:
33 1. Law enforcement, court, or federal agency records or files.
34 2. Documentation from a domestic violence or sexual assault
35 program if the individual is alleged to be a victim of domestic
36 violence or sexual assault.
37 3. Documentation from a religious, medical, or other professional
38 from whom the individual has sought assistance in dealing
39 with the alleged domestic violence, sexual abuse, or stalking.
40 c. The individual has been granted program participant status pursuant to
41 G.S. 15C-4 as the result of domestic violence committed upon the
42 individual or upon a minor child with or in the custody of the
43 individual by another individual who has or has had a familial
44 relationship with the individual or minor child.
45 (3) Health reasons. – Where an individual leaves work due solely to a disability
46 incurred or other health condition, whether or not related to the work, and the
47 individual shows:
48 a. That, at the time of leaving, an adequate disability or health condition
49 of the employee, of a minor child who is in the legally recognized
50 custody of the individual, of an aged or disabled parent of the
51 individual, or of a disabled member of the individual's immediate
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1 family, either medically diagnosed or otherwise shown by competent
2 evidence, existed to justify the leaving and prevented the employee
3 from doing other alternative work offered by the employer which pays
4 the minimum wage or eighty-five percent (85%) of the individual's
5 regular wage, whichever is greater; and
6 b. That, at a reasonable time prior to leaving, the individual gave the
7 employer notice of the disability or health condition.
8 (4) Undue family hardship. – Arises when an individual is unable to accept a
9 particular shift because the individual is unable to obtain (i) child care during
10 the shift for a minor child under 14 years of age who is in the legally
11 recognized custody of the individual or (ii) elder care during that shift for an
12 aged or disabled parent of the individual.
13 (5) Spousal relocation. – Leaving work to accompany the claimant's spouse to a
14 new place of residence where the spouse has secured work in a location that
15 is too far removed for the claimant reasonably to continue to work."
16 SECTION 4. There is appropriated from the General Fund to the Department of
17 Commerce, Division of Employment Security, the sum of one hundred thousand dollars
18 ($100,000) for the 2020-2021 fiscal year to conduct a statewide public information campaign
19 notifying the public of the modifications made by this act.
20 SECTION 5. The Legislative Research Commission (LRC) shall study the
21 feasibility of establishing an unemployment insurance work-sharing or short-term compensation
22 program to benefit employers and employees in this State. The LRC shall report its findings,
23 together with any proposed legislation, to the 2021 General Assembly upon its regular convening.
24 SECTION 6. Section 4 of this act becomes effective July 1, 2020. The remainder of
25 this act is effective when it becomes law, with Sections 1, 2, and 3 applying to claims for
26 unemployment insurance benefits filed on or after that date.
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Statutes affected:
Filed: 96-14.2, 96-14.3, 96-14.8
Edition 1: 96-14.2, 96-14.3, 96-14.8