Reduce the maximum weeks an individual may receive unemployment

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 376

2025-2026

Representative Teska

Cosponsors: Representatives Dean,
Mullins, Lear, Gross, Ferguson, Fowler Arthur, Barhorst, King,
Daniels, Workman, Willis, Hiner

To
amend sections 4141.30, 4141.33, and 4141.53 of the Revised Code
to
reduce the maximum weeks an individual may receive unemployment
benefits from 26 to 20 weeks.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 4141.30, 4141.33, and 4141.53 of the Revised Code be amended
to read as follows:

Sec.
4141.30.
(A)
All benefits shall be paid through public employment offices in
accordance with such rules as the director of job and family services
prescribes.

(B)
With the exceptions in division (B)(4) of this section, benefits are
payable to each eligible and qualified individual on account of each
week of involuntary total unemployment after the specified waiting
period at the weekly benefit amount determined by:

(1)
Computing the individual's average weekly wage as defined in division
(O)(2) of section 4141.01 of the Revised Code;

(2)
Determining the individual's dependency class under division (E) of
this section;

(3)
Computing the individual's weekly benefit amount to be fifty per cent
of the individual's average weekly wage except, that the individual's
weekly benefit amount shall not exceed the maximum amount shown for
the individual's dependency class in the following table:

1

2

A

Dependency
Class

Maximum
Weekly Benefit Amount

B

A

$147

C

B

223

D

C

233

Effective
Sunday of the calendar week in which January 1, 1988, occurs and on
each similar day of each year thereafter, the current maximum weekly
benefit amount for each dependency class shall be adjusted based on
the statewide average weekly wage. Any percentage increase in such
statewide average weekly wage between the wage computed for the
current year and the wage computed for the preceding year shall be
used to increase the maximum amounts then in effect by the same
percentage. Such increased amounts will be effective with respect to
applications for benefit rights filed during the fifty-two
consecutive calendar weeks beginning with such Sunday date.

The
director shall calculate the statewide average weekly wage based on
the average weekly earnings of all workers in employment subject to
this chapter during the preceding twelve-month period ending the
thirtieth day of June. The calculation shall be made in the following
manner:

(a)
The sum of the total monthly employment reported for the previous
twelve-month period shall be divided by twelve to determine the
average monthly employment;

(b)
The sum of the total wages reported for the previous twelve-month
period shall be divided by the average monthly employment to
determine the average annual wage;

(c)
The average annual wage shall be divided by fifty-two to determine
the statewide average weekly wage.

In
the computation of the weekly benefit amount, any resulting amount
not a multiple of one dollar shall be rounded to the next lower
multiple of one dollar. In the computation of the adjusted maximum
benefit amounts, based on the statewide average weekly wage, any
resulting amount not a multiple of one dollar shall be rounded to the
next lower multiple of one dollar.

(4)
Effective Sunday of the calendar week in which January 1, occurs for
calendar years 1988 through 1993, the maximum weekly benefit amount
payable for an individual's dependency class for those years shall be
computed in accordance with this division, with an additional
increase added to the prior year's increase equal to one-sixth of
total percentage increase that otherwise would have been available in
calendar years 1983, 1984, 1985, 1986, and 1987, if in those years an
adjustment in the maximum weekly benefit amount would have been made
pursuant to this division.

(5)
Effective Sunday of the calendar week in which January 1, 1991,
occurs, the maximum weekly benefit amounts computed under divisions
(B)(3) and (4) of this section shall not exceed the following
amounts:

(a)
For dependency class A, fifty per cent of the statewide average
weekly wage;

(b)
For dependency class B, sixty per cent of the statewide average
weekly wage;

(c)
For dependency class C, sixty-six and two-thirds per cent of the
statewide average weekly wage.

Division
(B)(5) of this section applies to all new claims filed on and after
the Sunday of the calendar week in which January 1, 1991, occurs,
provided that the maximum weekly benefit amounts established for the
dependency classes prior to such date apply to all claims until the
maximum weekly benefit amounts as determined pursuant to division
(B)(5) of this section equal or exceed the maximum weekly benefit
amounts in effect prior to such date.

(6)
For the time period beginning on January 1, 2018, and ending January
1, 2020, no individual's weekly benefit amount shall exceed the
maximum weekly benefit amounts in effect on

the effective date of this section

March 28, 2017
.

(C)
Benefits are payable to each partially unemployed individual
otherwise eligible on account of each week of involuntary partial
unemployment after the specified waiting period in an amount equal to
the individual's weekly benefit amount less that part of the
remuneration payable to the individual with respect to such week
which is in excess of twenty per cent of the individual's weekly
benefit amount, and the resulting amount rounded to the next lower
multiple of one dollar.

(D)
The
(D)(1)
In any benefit year that begins before the effective date of this
amendment, the
total
benefits to which an individual is entitled in any benefit year,
whether for partial or total unemployment, or both, shall not exceed
the lesser of the following two amounts: (1) an amount equal to
twenty-six times the individual's weekly benefit amount determined in
accordance with division (B) of this section and this division, or
(2) an amount computed by taking the sum of twenty times the
individual's weekly benefit amount for the first twenty base period
qualifying weeks plus one times the weekly benefit amount for each
additional qualifying week beyond the first twenty qualifying weeks
in the individual's base period.

(2)
In any benefit year that begins on or after the effective date of
this amendment, the total benefits to which an individual is
entitled, whether for partial or total unemployment, or both, shall
not exceed an amount equal to twenty times the individual's weekly
benefit amount determined in accordance with division (B) of this
section.

(E)
Each eligible and qualified individual shall be assigned a dependency
class in accordance with the following schedule:

1

2

A

Class

Description
of Dependents

B

A

No
dependents, or has insufficient wages to qualify for more than the
maximum weekly benefit amount as provided under dependency class A

C

B

One
or two dependents

D

C

Three
or more dependents

As
used in this division "dependent" means:

(1)
Any natural child, stepchild, or adopted child of the individual
claiming benefits for whom such individual at the beginning of the
individual's current benefit year is supplying and for at least
ninety consecutive days, or for the duration of the parental
relationship if it existed less than ninety days, immediately
preceding the beginning of such benefit year, has supplied more than
one-half of the cost of support and if such child on the beginning
date of such benefit year was under eighteen years of age, or if
unable to work because of permanent physical or mental disability;

(2)
The legally married wife or husband of the individual claiming
benefits for whom more than one-half the cost of support has been
supplied by such individual for at least ninety consecutive days, or
for the duration of the marital relationship if it has existed for
less than ninety days, immediately preceding the beginning of such
individual's current benefit year and such wife or husband was living
with such individual and had an average weekly income, in such
period, not in excess of twenty-five per cent of the claimant's
average weekly wage.

(3)
If both the husband and wife qualify for benefit rights with
overlapping benefit years, only one of them may qualify for a
dependency class other than A.

Sec.
4141.33.
(A)
As used in this section:

(1)
"Reasonable assurance" means a written, verbal, or implied
agreement that the individual will perform services in the same or
similar capacity during the ensuing sports season or seasonal period.

(2)
"Seasonal employment" means employment of individuals hired
primarily to perform services in an industry which because of
climatic conditions or because of the seasonal nature of such
industry it is customary to operate only during regularly recurring
periods of forty weeks or less in any consecutive fifty-two weeks.

(3)
"Seasonal employer" means an employer determined by the
director of job and family services to be an employer whose
operations and business, with the exception of certain administrative
and maintenance operations, are substantially all in a seasonal
industry.

(4)
"Significantly" means forty per cent or more of an
individual's base period consists of services performed in seasonal
employment.

(B)
Any employer who claims to have seasonal employment in a seasonal
industry may file with the director a written application for
classification of such employment as seasonal. Whenever in any
industry it is customary to operate because of climatic conditions or
because of the seasonal nature of such industry only during regularly
recurring periods of forty weeks or less duration, benefits shall be
payable only during the longest seasonal periods which the best
practice of such industry will reasonably permit. The director shall
determine, after investigation, hearing, and due notice, whether the
industry is seasonal and, if seasonal, establish seasonal periods for
such seasonal employer. Until such determination by the director, no
industry or employment shall be deemed seasonal.

(C)
When the director has determined such seasonal periods, the director
shall also establish the proportionate number of weeks of employment
and earnings required to qualify for seasonal benefit rights in place
of the weeks of employment and earnings requirement stipulated in
division (R) of section 4141.01 and section 4141.30 of the Revised
Code, and the proportionate number of weeks for which seasonal
benefits may be paid. An individual whose base period employment
consists of only seasonal employment for a single seasonal employer
and who meets the employment and earnings requirements determined by
the director pursuant to this division will have benefit rights
determined in accordance with this division, except benefits shall
not be paid for any week between two successive seasonal periods.
Benefit charges for such seasonal employment shall be computed and
charged in accordance with division (D) of section 4141.24 of the
Revised Code. The director may adopt rules for implementation of this
section.

(D)
An individual whose base period employment consists of either
seasonal employment with two or more seasonal employers or both
seasonal employment and nonseasonal employment with employers subject
to this chapter, will have benefit rights determined in accordance
with division (R) of section 4141.01 and section 4141.30 of the
Revised Code. Benefit charges for both seasonal and nonseasonal
employment shall be computed and charged in accordance with division
(D) of section 4141.24 of the Revised Code. The total seasonal and
nonseasonal benefits during a benefit year cannot exceed
twenty-six
times the weekly benefit amount
the
maximum amount allowed under division (D) of section 4141.30 of the
Revised Code
.
Effective October 30, 2011, an individual who performs services that
significantly consist of services performed in seasonal employment
shall not be paid benefits for those services for any week in the
period between two successive seasonal periods if the individual
performed those services in the first of the seasonal periods and
there is reasonable assurance that the individual will perform those
services in the later of the seasonal periods. The director shall
adopt rules for the implementation of this division.

(E)
Benefits shall not be paid to any individual on the basis of any
services, substantially all of which consist of participating in
sports or athletic events or training or preparing to so participate,
for any week which commences during the period between two successive
sport seasons, or similar periods, if the individual performed
services in the first of the seasons, or similar periods, and there
is a reasonable assurance that the individual will perform services
in the later of the seasons, or similar periods.

(F)
The director shall adopt rules concerning the eligibility for
benefits of individuals under divisions (D) and (E) of this section.

Sec.
4141.53.
(A)
An individual is eligible to receive shared work compensation for a
week in which the individual satisfies all of the following:

(1)
The individual is employed by a participating employer and is subject
to a shared work plan that was approved before that week and is in
effect for that week.

(2)
The individual is available for work and is actively seeking work by
being available for the individual's normal weekly hours of work.

(3)
The individual's normal weekly hours of work with the participating
employer have been reduced by at least ten per cent but not more than
sixty per cent.

(4)
The individual has been employed by an employer or employers subject
to this chapter in at least twenty qualifying weeks within the
individual's base period and has earned or been paid remuneration at
an average weekly wage of not less than twenty-seven and one-half per
cent of the statewide average weekly wage for those weeks.

(5)
The individual has been subject to a shared work plan for at least
one week prior to the week for which the compensation is to be paid,
or otherwise satisfies the waiting period requirement of division (B)
of section 4141.29 of the Revised Code for the individual's benefit
year.

(6)
The individual otherwise satisfies the requirements of this chapter
and is not otherwise disqualified from receiving unemployment
compensation benefits.

(B)
For purposes of division (A)(2) of this section, an individual is
available for the individual's normal weekly hours of work with the
participating employer if the individual does any of the following:

(1)
Works the number of weekly hours assigned to the individual under an
approved shared work plan;

(2)
Works fewer hours than the number of weekly hours assigned to the
individual under an approved shared work plan and either of the
following apply:

(a)
The individual takes approved time off during the week with pay, and
the combined work hours and paid leave hours equal the number of
hours the employee would have worked under the plan;

(b)
The individual does not take approved time off with pay during that
week and the reduction in hours was not the fault of the individual
and was not more than sixty per cent of the individual's normal
weekly hours of work.

(C)(1)
Except as provided in division (C)(2) or (D) of this section, the
director of job and family services shall pay a participating
employee who is eligible for weekly shared work compensation in an
amount equal to the participating employee's weekly benefit amount as
described in division (B) of section 4141.30 of the Revised Code for
a period of total unemployment, multiplied by the reduction
percentage specified in the approved shared work plan applicable to
the participating employee.

(2)
The director shall pay a participating employee who is eligible for
weekly shared work compensation in an amount equal to the
participating employee's weekly benefit amount as described in
division (B) of section 4141.30 of the Revised Code for a period of
total unemployment, multiplied by the percentage by which the
participating employee's normal weekly hours of work were actually
reduced during the workweek, if all of the following apply:

(a)
The participating employee did not take approved paid leave during
the week.

(b)
The participating employee's normal weekly hours of work were
actually reduced by not less than ten per cent and not greater than
sixty per cent.

(c)
The increase or decrease in the participating employee's hours above
or below the number of hours assigned to the employee in the approved
shared work plan was not the fault of the employee.

(3)
The director shall determine fault for purposes of divisions
(B)(2)(b) and (C)(2)(c) of this section in the same manner that the
director makes determinations for benefit rights and determines
claims for unemployment compensation benefits under sections 4141.28
and 4141.281 of the Revised Code.

(4)
The director shall round the amount of a shared work compensation
payment that is not a multiple of one dollar to the next lower
multiple of one dollar.

(5)
No shared work compensation shall be payable during the one-week
period described in division (A)(5) of this section.

(D)
If an individual works for a participating employer and another
employer during the weeks the individual is covered by an approved
shared work plan, eligibility for shared work compensation is
determined as follows:

(1)
If the combined number of hours the individual works for both the
participating employer and the other employer in a week exceeds the
amount of the individual's normal weekly hours of work reduced by ten
per cent, the individual is not eligible for shared work
compensation.

(2)
If the combined number of hours the individual works in a week for
both employers equals the amount of the individual's normal weekly
hours of work reduced between ten and sixty per cent, the director
shall pay the individual, if the individual is otherwise eligible,
shared work compensation in an amount equal to the individual's
weekly benefit amount as described in division (B) of section 4141.30
of the Revised Code for a period of total unemployment, multiplied by
the percentage by which the individual's normal weekly hours of work
were reduced during the week when factoring in both the amount of
hours worked for the other employer and the amount of hours worked
for the participating employer.

(E)
A participating employee is not entitled to receive shared work
compensation and unemployment compensation benefits that, when
combined, exceed the maximum total benefits payable to the
participating employee in a benefit year under section 4141.30 of the
Revised Code. No participating employee shall be paid shared work
compensation during the employee's benefit year in an amount that
exceeds
twenty-six
times the amount of the employee's weekly benefit amount for a period
of total unemployment
the
maximum amount allowed
under

division
(D) of
section
4141.30 of the Revised Code.

(F)
An individual who has received all of the shared work compensation
and unemployment compensation benefits available in a benefit year is
an individual who has exhausted regular benefits under section
4141.30 of the Revised Code and is entitled to receive extended
benefits under section 4141.301 of the Revised Code if the individual
is otherwise eligible to receive benefits under that section.

(G)
Except as provided in division (C)(2) of this section, the director
shall not pay shared work compensation to an individual for a week
during which the individual performs paid work for the individual's
participating employer that exceeds or falls below the reduced hours
established under an approved shared work plan that covers the
individual.

(H)(1)
Except as provided in divisions (H)(2) and (3) of this section, a
participating employee is not eligible to receive benefits for being
partially unemployed for any week during which the individual works
as a participating employee.

(2)
A participating employee who performs no services during a week for
the participating employer and who is otherwise eligible may be paid
benefits for being totally or partially unemployed for that week.

(3)
A participating employee whose normal weekly hours of work are
reduced by more than sixty per cent and who is otherwise eligible may
be paid benefits for partial unemployment for that week.

(I)
Any payment of total or partial unemployment compensation benefits
under this section is not a payment of shared work compensation under
an approved plan but shall be calculated against the maximum total
benefits payable to the participating employee in a benefit year
under section 4141.30 of the Revised Code.

(J)
For purposes of this section and unless another benefit year applies
to the individual, notwithstanding division (R)(1) of section 4141.01
of the Revised Code, a participating employee's "benefit year"
is the fifty-two week period beginning with the first day of that
week with respect to which the employee's participating employer
first files a claim on behalf of the participating employee pursuant
to division (B) of section 4141.54 of the Revised Code.

Section
2.
That
existing sections 4141.30, 4141.33, and 4141.53 of the Revised Code
are hereby repealed.