House File 439 - IntroducedA Bill ForAn Act 1pertaining to waiver or alteration of work search
2requirements for unemployment benefits due to a short-term
3temporary layoff.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 96.4, subsection 3, paragraph b, Code
22023, is amended to read as follows:
   3b.  Notwithstanding any provision of this chapter to the
4contrary, the department may establish by rule a process to
5waive or alter the work search requirements of this subsection
6for a claim for benefits if an individual has a reasonable
7expectation that the individual will be returning to employment
8and is attached to a regular job or industry or a member in
9good standing of a union therein eligible for referral for
10employment. To be considered attached to a regular job or
11industry, an individual must be on a short-term temporary
12layoff. If work is not available at the conclusion of the
13layoff period due to short-term circumstances beyond the
14employer’s control, the employer may request an extension
15of the waiver or alteration for up to two weeks from the
16department. For purposes of this paragraph, “short-term
17temporary layoff”
means a layoff period of sixteen weeks or
18less due to seasonal weather conditions that impact the ability
19to perform work related to highway construction, repair, or
20maintenance
 the following with a specific return-to-work date
21verified by the employer.:
   22(1)  Highway construction, repair, or maintenance.
   23(2)  Underground utility construction where specialized
24training provided by the employer is necessary to safely
25perform such work.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
   29Under current law, the department of workforce development
30may establish by rule a process to waive or alter the work
31search requirements for a claim for unemployment benefits if
32an individual has a reasonable expectation that the individual
33will be returning to employment and is attached to a regular
34job or industry or a member in good standing of a union therein
35eligible for referral for employment. To be considered
-1-1attached to a regular job or industry, an individual must be on
2a short-term temporary layoff, defined as a layoff period of 16
3weeks or less, with a specific return-to-work date verified by
4the employer, due to seasonal weather conditions that impact
5the ability of the individual to perform work related to
6highway construction, repair, or maintenance.
   7This bill modifies the definition of short-term temporary
8layoff by adding, as a form of work impacted by seasonal
9weather conditions that satisfies the definition, underground
10utility construction where specialized training provided by the
11employer is necessary to safely perform such work.
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