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Senate File 2120 - IntroducedA Bill ForAn Act 1concerning eligibility for unemployment benefits.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.4, subsection 3, paragraph b, Code
22024, 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 seasonal
12 temporary layoff. If work is not available at the conclusion
13of the layoff period due to short-term circumstances beyond
14the employer’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
17seasonal temporary layoff” means a layoff period of sixteen
18weeks or less due to seasonal weather conditions that impact
19the ability to perform work related to highway construction,
20repair, or maintenance with a specific return-to-work date
21verified by the employer.
22 Sec. 2. Section 96.5, subsection 3, paragraph b, Code 2024,
23is amended by adding the following new subparagraphs:
24 NEW SUBPARAGRAPH. (4) (a) If the individual has a
25reasonable expectation that the individual will be returning
26to employment, as defined by the department by rule, and
27is attached to a regular job or industry or is a member in
28good standing of a union therein eligible for referral for
29employment.
30(b) To be considered attached to a regular job or industry,
31an individual must be on a short-term seasonal temporary layoff
32as defined in section 96.4, subsection 3.
33 NEW SUBPARAGRAPH. (5) If all of the following circumstances
34apply:
35(a) The individual is unemployed due to the individual’s
-1-1employer temporarily ceasing operations or going out of
2business at the factory, establishment, or other premises at
3which the individual was last employed.
4(b) The reason for the employer going out of business was a
5result of unforeseen circumstances, including but not limited
6to cybersecurity attacks.
7(c) The individual has a reasonable expectation that the
8individual will be returning to employment with the employer
9that temporarily ceased operations or went out of business.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to unemployment benefits.
14Under current law, the department of workforce development
15may establish by rule a process to waive or alter the work
16search requirements for a claim for benefits if an individual
17has a reasonable expectation that the individual will be
18returning to employment and is attached to a regular job or
19industry or a member in good standing of a union therein
20eligible for referral for employment. To be considered
21attached to a regular job or industry, an individual must
22be on a “short-term temporary layoff”, which is defined as
23a layoff period of 16 weeks or less due to seasonal weather
24conditions that impact the ability to perform work related to
25highway construction, repair, or maintenance with a specific
26return-to-work date verified by the employer. The bill changes
27the defined term to “short-term seasonal temporary layoff”,
28and strikes the language that the work to be performed must be
29related to highway construction, repair, or maintenance.
30The bill provides that benefits shall not be denied to
31an eligible individual for refusing to accept work if the
32individual has a reasonable expectation that the individual
33will be returning to employment, as defined by the department
34by rule, and is attached to a regular job or industry or is
35a member in good standing of a union therein eligible for
-2-1referral for employment. To be considered attached to a
2regular job or industry, an individual must be on a short-term
3seasonal temporary layoff.
4The bill provides that benefits shall not be denied to
5an eligible individual for refusing to accept work if the
6individual is unemployed due to the individual’s employer
7temporarily ceasing operations or going out of business at
8the factory, establishment, or other premises at which the
9individual was last employed; the reason for the employer going
10out of business was a result of unforeseen circumstances;
11and the individual has a reasonable expectation that the
12individual will be returning to employment with the employer
13that temporarily ceased operations or went out of business.
-3-je/js
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.4, subsection 3, paragraph b, Code
22024, 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 seasonal
12 temporary layoff. If work is not available at the conclusion
13of the layoff period due to short-term circumstances beyond
14the employer’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
17seasonal temporary layoff” means a layoff period of sixteen
18weeks or less due to seasonal weather conditions that impact
19the ability to perform work related to highway construction,
20repair, or maintenance with a specific return-to-work date
21verified by the employer.
22 Sec. 2. Section 96.5, subsection 3, paragraph b, Code 2024,
23is amended by adding the following new subparagraphs:
24 NEW SUBPARAGRAPH. (4) (a) If the individual has a
25reasonable expectation that the individual will be returning
26to employment, as defined by the department by rule, and
27is attached to a regular job or industry or is a member in
28good standing of a union therein eligible for referral for
29employment.
30(b) To be considered attached to a regular job or industry,
31an individual must be on a short-term seasonal temporary layoff
32as defined in section 96.4, subsection 3.
33 NEW SUBPARAGRAPH. (5) If all of the following circumstances
34apply:
35(a) The individual is unemployed due to the individual’s
-1-1employer temporarily ceasing operations or going out of
2business at the factory, establishment, or other premises at
3which the individual was last employed.
4(b) The reason for the employer going out of business was a
5result of unforeseen circumstances, including but not limited
6to cybersecurity attacks.
7(c) The individual has a reasonable expectation that the
8individual will be returning to employment with the employer
9that temporarily ceased operations or went out of business.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to unemployment benefits.
14Under current law, the department of workforce development
15may establish by rule a process to waive or alter the work
16search requirements for a claim for benefits if an individual
17has a reasonable expectation that the individual will be
18returning to employment and is attached to a regular job or
19industry or a member in good standing of a union therein
20eligible for referral for employment. To be considered
21attached to a regular job or industry, an individual must
22be on a “short-term temporary layoff”, which is defined as
23a layoff period of 16 weeks or less due to seasonal weather
24conditions that impact the ability to perform work related to
25highway construction, repair, or maintenance with a specific
26return-to-work date verified by the employer. The bill changes
27the defined term to “short-term seasonal temporary layoff”,
28and strikes the language that the work to be performed must be
29related to highway construction, repair, or maintenance.
30The bill provides that benefits shall not be denied to
31an eligible individual for refusing to accept work if the
32individual has a reasonable expectation that the individual
33will be returning to employment, as defined by the department
34by rule, and is attached to a regular job or industry or is
35a member in good standing of a union therein eligible for
-2-1referral for employment. To be considered attached to a
2regular job or industry, an individual must be on a short-term
3seasonal temporary layoff.
4The bill provides that benefits shall not be denied to
5an eligible individual for refusing to accept work if the
6individual is unemployed due to the individual’s employer
7temporarily ceasing operations or going out of business at
8the factory, establishment, or other premises at which the
9individual was last employed; the reason for the employer going
10out of business was a result of unforeseen circumstances;
11and the individual has a reasonable expectation that the
12individual will be returning to employment with the employer
13that temporarily ceased operations or went out of business.
-3-je/js