Unemployment - Illinois

Summary of differences between federal and state regulations

Coverage

Workers are considered employees unless:

• The worker is free from control or direction in the performance of the work under the contract of service and in fact;
• The service is performed either outside the usual course of the business for which it is performed or is performed outside of all places of business of the enterprise for which it is performed; and

The individual is customarily engaged in an independent trade, occupation, profession, or business.

The laws of most states permit employers to elect coverage of workers who perform their services entirely outside the state if they are not covered by any other state or federal UI law. For most of the states permitting such elections, residence is required in the state of election, but this is not the case in Illinois.

Exclusions from the definition of employment include:

• Insurance agents on commission,
• Real estate agents on commission, and
• Part-time service for nonprofit organizations exempt from federal income tax.

The following student employment is excluded from coverage:

• Student nurses and interns in employ of a hospital, and
• Students working for schools.

State

Contact

Department of Employment Security

Regulations

Title 56, Illinois Administrative Code, Parts 2712-2960 (scroll down to view selected parts)

Federal

Contact

U.S. Department of Labor, Employment and Training Administration

(https://workforcesecurity.doleta.gov/unemploy/uitaxtopic.asp)

Regulations

20 CFR chapter V

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