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Session Laws, 1961
Volume 654, Page 1607   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                          1607

(1)  In determining whether or not any work is suitable for an in-
dividual, the Executive Director shall consider the degree of risk in-
volved to his health, safety, and morals, his physical fitness and prior
training, his experience and prior earnings, his length of unemploy-
ment and prospects for securing local work in his customary oc-
cupation, and the distance of the available work from his residence

(2)  Notwithstanding any other provisions of this article, no work
shall be deemed 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: (A) If the position
offered is vacant due directly to a strike, lockout, or other labor
dispute; (B) if the wages, hours, or other conditions of the work
offered are substantially less favorable to the individual than those
prevailing for similar work in the locality; (C) 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 any bona fide labor
organization.

(f) Pregnancy.—[For the two FOUR months before the expected
date of the birth of a child and the two months after the actual date of
the birth of said child, in either of which cases the Executive Director
may require the production of doctor's certificates to establish such
dates; but she shall be eligible for benefits during the first seven FIVE
months of pregnancy providing that she is physically able to continue
her employment and is otherwise eligible under the benefit eligibility
conditions set out in Section 4 (c).] From the date of diagnosis of
pregnancy until two months after the actual date of birth of the child;
except that when the pregnancy terminates in other than the birth of
a living child, the disqualification shall terminate prior to two months
thereafter providing she is physically able to be employed and is
s
otherwise eligible under the benefit eligibility conditions set out in
Section 4 (c). The Executive Director may require the production of
physicians' certificates to establish dates of physical condition under
this paragraph.

PROVIDED, THAT IF THE UNEMPLOYMENT OF THE
INDIVIDUAL IS TEMPORARY AND FOR A FIXED AND DE-
FINABLE PERIOD OF TIME NOT EXCEEDING FOUR WEEKS,
AND IS UNRELATED TO THE
PREGNANCY OF THE INDI-
VIDUAL, THE PROVISIONS OF THIS SECTION SHALL NOT

APPLY. PROVIDED FURTHER, THAT THIS PARAGRAPH
SHALL NOT
OPERATE TO EXEMPT A CLAIMANT FROM THE
DISQUALIFICATION PROVIDED IN THIS SECTION AFTER
THE DATE ON WHICH SHE
WOULD BE REQUIRED UNDER
THE TERMS OF HER EMPLOYMENT CONTRACT OR A

FIXED POLICY OF HER EMPLOYER TO LEAVE HER EM-
PLOYMENT BECAUSE OF PREGNANCY, OR WITHIN TWO
MONTHS PRIOR TO THE EXPECTED DATE OF CHILDBIRTH.

SEC. 3. AND BE IT FURTHER ENACTED, THAT SECTION
20 (N) (10) OF THE SAID ARTICLE AND SUB-TITLE BE AND
THE SAME IS HEREBY REPEALED.

Sec. 3 4. And be it further enacted, That this Act shall take effect
June 1, 1961.

Approved May 8, 1961.

 

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Session Laws, 1961
Volume 654, Page 1607   View pdf image (33K)
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