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1 1 Section 1. NEW SECTION. 96A.1 TITLE.
1 2 This chapter shall be known as the "Iowa Family Disability
1 3 Leave Benefits Law".
1 4 Sec. 2. NEW SECTION. 96A.2 DEFINITIONS.
1 5 As used in this chapter, unless the context clearly
1 6 requires otherwise:
1 7 1. "Appeal board" means the employment appeal board
1 8 created under section 10A.601.
1 9 2. "Base period" means the period beginning with the first
1 10 day of the five completed calendar quarters immediately
1 11 preceding the first day of a covered individual's benefit year
1 12 and ending with the last day of the next to the last completed
1 13 calendar quarter immediately preceding the date on which the
1 14 covered individual filed a valid claim.
1 15 3. "Benefit year" means a period of one year beginning
1 16 with the day with respect to which a covered individual filed
1 17 a valid claim for benefits.
1 18 4. "Benefits" means the money payments payable to a
1 19 covered individual, as provided in this chapter, with respect
1 20 to the individual's family disability leave.
1 21 5. "Calendar quarter" means the period of three
1 22 consecutive calendar months ending on March 31, June 30,
1 23 September 30, or December 31.
1 24 6. "Child" means a biological, adopted, or foster child,
1 25 stepchild, or legal ward who is less than eighteen years of
1 26 age or is eighteen years of age or older but incapable of
1 27 self-care because of mental or physical impairment.
1 28 7. "Contributions" means the money payments to the family
1 29 disability leave benefits fund required by this chapter.
1 30 8. "Covered employer" means an employer as defined in
1 31 section 96.19, subsection 16.
1 32 9. "Covered individual" means an individual who is in
1 33 employment with a covered employer and who has been employed
1 34 for at least twelve months by the covered employer and for at
1 35 least one thousand two hundred fifty hours of service with the
2 1 covered employer during the previous twelve-month period.
2 2 10. "Department" means the department of workforce
2 3 development created in section 84A.1.
2 4 11. "Director" means the director of the department of
2 5 workforce development created in section 84A.1.
2 6 12. "Employment" means as defined in section 96.19,
2 7 subsection 18.
2 8 13. "Family disability leave" means unpaid leave taken by
2 9 a covered individual from employment to provide care for a
2 10 family member made necessary by the following:
2 11 a. The birth of a child of the individual.
2 12 b. The placement of a child with the individual in
2 13 connection with the adoption of the child by the individual.
2 14 c. A serious health condition of a family member of the
2 15 individual.
2 16 d. Attending a parent-teacher conference for a child.
2 17 e. Accompanying a family member for routine medical or
2 18 dental care.
2 19 14. "Family member" means a child, parent, or spouse of a
2 20 covered individual.
2 21 15. "Fund" means the family disability leave benefits fund
2 22 established by this chapter, to which all contributions
2 23 required and from which all benefits provided under this
2 24 chapter shall be paid.
2 25 16. "Parent" means a biological parent, foster parent,
2 26 adoptive parent, or stepparent of a covered individual or a
2 27 person who was a legal guardian of the covered individual when
2 28 the covered individual was a child.
2 29 17. "Serious health condition" means an illness, injury,
2 30 or physical or mental condition which requires inpatient care
2 31 in a hospital, hospice, or residential medical care facility;
2 32 or continuing medical treatment or continuing supervision by a
2 33 health care provider.
2 34 18. "Statewide average weekly wage" means the amount
2 35 computed by the department as provided in chapter 96
3 1 concerning unemployment compensation.
3 2 19. "Wages" means as defined in section 96.19, subsection
3 3 41.
3 4 20. "Week" means such period or periods of seven
3 5 consecutive calendar days ending at midnight, or as the
3 6 department may by rule prescribe.
3 7 21. "Weekly benefit amount" means the amount of benefits a
3 8 covered individual would be entitled to receive for one week
3 9 of family disability leave. An individual's weekly benefit
3 10 amount, as determined for the first week of the individual's
3 11 benefit year, shall constitute the individual's weekly benefit
3 12 amount throughout such benefit year.
3 13 Sec. 3. NEW SECTION. 96A.3 DUTIES, POWERS, RULES –
3 14 PRIVILEGE.
3 15 1. DUTIES AND POWERS OF DIRECTOR. The director shall
3 16 administer this chapter and shall adopt rules pursuant to
3 17 chapter 17A, employ such persons, make such expenditures,
3 18 require such reports, make such investigations, and take such
3 19 other action as the director deems necessary or suitable to
3 20 that end. Not later than the fifteenth day of December of
3 21 each year, the director shall submit to the governor a report
3 22 covering the administration and operation of this chapter
3 23 during the preceding fiscal year and shall make such
3 24 recommendations for amendments to this chapter as the director
3 25 deems proper. Such report shall include a balance sheet of
3 26 the moneys in the fund.
3 27 2. GENERAL AND SPECIAL RULES. Each covered employer shall
3 28 post and maintain printed statements of all rules of the
3 29 department in places readily accessible to individuals in the
3 30 employer's service, and shall make available to each such
3 31 individual at the time the individual is absent from work due
3 32 to a family disability leave potentially compensable under
3 33 this chapter a printed statement of such rules relating to the
3 34 filing of claims for benefits. Such printed statements shall
3 35 be supplied by the department to each employer without cost to
4 1 the employer.
4 2 3. PUBLICATIONS. The director shall cause to be printed
4 3 for distribution to the public the text of this chapter, the
4 4 department's general rules, its annual reports to the
4 5 governor, and any other material the director deems relevant
4 6 and suitable and shall furnish the same to any person upon
4 7 application therefor.
4 8 4. BONDS. The director may bond any employee handling
4 9 moneys or signing checks.
4 10 5. RECORDS, REPORTS, AND CONFIDENTIALITY.
4 11 a. An employing unit shall keep true and accurate work
4 12 records, containing information required by the department.
4 13 The records shall be open to inspection and copying by an
4 14 authorized representative of the department at any reasonable
4 15 time and as often as necessary. An authorized representative
4 16 of the department may require from an employing unit a sworn
4 17 or unsworn report, with respect to individuals employed by the
4 18 employing unit, which the department deems necessary for the
4 19 effective administration of this chapter.
4 20 b. (1) The department shall hold confidential the
4 21 information obtained from an employer or individual in the
4 22 course of administering this chapter and the initial
4 23 determination made by a representative of the department under
4 24 section 96A.8, subsection 2, as to the benefit rights of an
4 25 individual. The department shall not disclose or open this
4 26 information for public inspection in a manner that reveals the
4 27 identity of the employer or the individual, except as provided
4 28 in subparagraph (3) or paragraph "c".
4 29 (2) A report or statement, whether written or verbal, made
4 30 by a person to a representative of the department or to
4 31 another person administering this chapter is a privileged
4 32 communication. A person is not liable for slander or libel on
4 33 account of the report or statement unless the report or
4 34 statement is made with malice.
4 35 (3) Information obtained from an employer or individual in
5 1 the course of administering this chapter and an initial
5 2 determination made by a representative of the department under
5 3 section 96A.8, subsection 2, as to benefit rights of an
5 4 individual shall not be used in any action or proceeding,
5 5 except in a contested case proceeding or judicial review under
5 6 chapter 17A. However, the department shall make information,
5 7 which is obtained from an employer or individual in the course
5 8 of administering this chapter and which relates to the
5 9 employment and wage history of the individual, available to a
5 10 county attorney for the county attorney's use in the
5 11 performance of duties under section 331.756, subsection 5.
5 12 The information may be used by the interested parties in a
5 13 proceeding under this chapter to the extent necessary for the
5 14 proper presentation or defense of a claim.
5 15 c. Subject to conditions as the department by rule
5 16 prescribes, information obtained from an employer or
5 17 individual in the course of administering this chapter and an
5 18 initial determination made by a representative of the
5 19 department under section 96A.8, subsection 2, as to benefit
5 20 rights of an individual may be made available for purposes
5 21 consistent with the purposes of this chapter to any of the
5 22 following:
5 23 (1) The internal revenue service of the United States
5 24 department of the treasury.
5 25 (2) The Iowa department of revenue and finance.
5 26 (3) Colleges, universities, and public agencies of this
5 27 state for use in connection with research of a public nature,
5 28 provided the department does not reveal the identity of an
5 29 employer or individual.
5 30 (4) An employee of the department, a member of the general
5 31 assembly, or a member of the Congress of the United States in
5 32 connection with the employee's or member's official duties.
5 33 d. Upon request of an agency of this or another state or
5 34 of the federal government which administers or operates a
5 35 program of public assistance or child support enforcement
6 1 under either the law of this or another state or federal law,
6 2 or which is charged with a duty or responsibility under the
6 3 program, and if the agency is required by law to impose
6 4 safeguards for the confidentiality of information at least as
6 5 effective as required under this subsection, the department
6 6 shall provide to the requesting agency, with respect to any
6 7 named individual without regard to paragraph "g", any of the
6 8 following information:
6 9 (1) Whether the individual is receiving or has received
6 10 benefits, or has made an application for benefits under this
6 11 chapter.
6 12 (2) The period, if any, for which benefits were payable
6 13 and the weekly benefit amount.
6 14 (3) The individual's most recent address.
6 15 e. The department may require an agency which is provided
6 16 information under this subsection to reimburse the department
6 17 for the costs of furnishing the information.
6 18 f. An employee of the department, an administrative law
6 19 judge, or a member of the appeal board who violates this
6 20 subsection is guilty, upon conviction, of a serious
6 21 misdemeanor.
6 22 g. Information subject to the confidentiality of this
6 23 subsection shall not be directly released to any authorized
6 24 agency unless an attempt is made to provide written
6 25 notification to the individual involved. Information released
6 26 in accordance with criminal investigations by a law
6 27 enforcement agency of this state, another state, or the
6 28 federal government is exempt from this requirement.
6 29 h. The department and its employees shall not be liable
6 30 for any acts or omissions resulting from the release of
6 31 information to any person pursuant to this subsection.
6 32 6. OATHS AND WITNESSES. In the discharge of the duties
6 33 imposed by this chapter, the chairperson of the appeal board
6 34 and any duly authorized representative of the department shall
6 35 have power to administer oaths and affirmations, take
7 1 depositions, certify to official acts, and issue subpoenas to
7 2 compel the attendance of witnesses and the production of
7 3 books, papers, correspondence, memoranda, and other records
7 4 deemed necessary as evidence in connection with a disputed
7 5 claim or the administration of this chapter.
7 6 7. SUBPOENAS. In case of contumacy by, or refusal to obey
7 7 a subpoena issued to any person, any court of this state
7 8 within the jurisdiction of which the inquiry is carried on or
7 9 within the jurisdiction of which the person guilty of
7 10 contumacy or refusal to obey is found or resides or transacts
7 11 business, upon application by the department, or any member or
7 12 duly authorized representative thereof, shall have
7 13 jurisdiction to issue to such person an order requiring such
7 14 person to appear before the department or any member or duly
7 15 authorized representative thereof to produce evidence if so
7 16 ordered or to give testimony touching the matter under
7 17 investigation or in question; any failure to obey such order
7 18 of the court may be punished by the court as a contempt
7 19 thereof.
7 20 8. PROTECTION AGAINST SELF-INCRIMINATION. A person shall
7 21 not be excused from attending and testifying or from producing
7 22 books, papers, correspondence, memoranda, and other records
7 23 before the department, or the appeal board, or in obedience to
7 24 a subpoena in any cause or proceeding provided for in this
7 25 chapter, on the ground that the testimony or evidence,
7 26 documentary or otherwise, required of the person may tend to
7 27 incriminate the person or subject the person to a penalty for
7 28 forfeiture; but a person shall not be prosecuted or subjected
7 29 to any penalty of forfeiture for or on account of any
7 30 transaction, matter, or thing concerning which the person is
7 31 compelled, after having claimed privilege against self-
7 32 incrimination, to testify or produce evidence, documentary or
7 33 otherwise, except that such person so testifying shall not be
7 34 exempt from prosecution and punishment for perjury committed
7 35 in so testifying.
8 1 9. DESTRUCTION OF RECORDS. The department may destroy or
8 2 dispose of such original reports or records as have been
8 3 properly recorded or summarized in the permanent records of
8 4 the department and are deemed by the director to be no longer
8 5 necessary to the proper administration of this chapter. Wage
8 6 records of the individual or transcripts therefrom may be
8 7 destroyed or disposed of two years after the expiration of the
8 8 period covered by such wage records or upon proof of the death
8 9 of the individual. Such destruction or disposition shall be
8 10 made only by order of the director.
8 11 10. PURGING UNCOLLECTIBLE OVERPAYMENTS. Notwithstanding
8 12 any other provision of this chapter, the department shall
8 13 review all outstanding overpayments of benefit payments
8 14 annually. The department may determine as uncollectible and
8 15 purge from its records any remaining unpaid balances of
8 16 outstanding overpayments which are ten years or older from the
8 17 date of the overpayment decision.
8 18 11. REIMBURSEMENT OF SETOFF COSTS. The department shall
8 19 include in the amount set off in accordance with section
8 20 421.17, subsection 29, for the collection of an overpayment
8 21 created pursuant to this chapter, an additional amount for the
8 22 reimbursement of setoff costs incurred by the department of
8 23 revenue and finance.
8 24 Sec. 4. NEW SECTION. 96A.4 PRIVATE PLANS.
8 25 1. Any covered employer may establish a private plan for
8 26 the purpose of providing family disability leave benefits in
8 27 lieu of benefits as provided by this chapter. The private
8 28 plan shall provide benefits to the same or greater extent than
8 29 that which is provided under this chapter.
8 30 2. The department shall establish requirements for
8 31 determining whether a private plan meets the requirements of
8 32 this section and shall certify whether a covered employer has
8 33 established an eligible private plan.
8 34 3. Covered individuals of a covered employer that has
8 35 established an eligible private plan shall not be entitled to
9 1 benefits as provided by this chapter. In addition, covered
9 2 individuals and the covered employer of an eligible private
9 3 plan shall not be required to make contributions to the family
9 4 disability leave benefits fund.
9 5 Sec. 5. NEW SECTION. 96A.5 NONDUPLICATION OF BENEFITS.
9 6 Benefits shall not be required to be paid or paid under
9 7 this chapter for any period of family disability leave with
9 8 respect to which benefits are paid or payable under any
9 9 unemployment compensation or similar law, or under any
9 10 disability or cash sickness benefit or similar law, of this
9 11 state or of any other state or of the federal government.
9 12 Benefits shall not be required to be paid or paid under this
9 13 chapter for any period of family disability leave with respect
9 14 to which benefits are paid or payable on account of a
9 15 disability of the covered individual under any worker's
9 16 compensation law, occupational disease law, or similar
9 17 legislation, of this state or of any other state or the
9 18 federal government.
9 19 Sec. 6. NEW SECTION. 96A.6 COVERAGE.
9 20 All covered individuals shall be entitled on and after
9 21 January 1, 1999, to family disability leave benefits provided
9 22 by this chapter pursuant to family disability leave.
9 23 Sec. 7. NEW SECTION. 96A.7 FAMILY DISABILITY LEAVE
9 24 BENEFITS – DETERMINATION – DURATION.
9 25 1. DETERMINATION OF BENEFITS. A covered individual who is
9 26 absent from work during an entire week pursuant to family
9 27 disability leave shall be paid with respect to such week
9 28 benefits in an amount which shall be equal to the individual's
9 29 weekly benefit amount.
9 30 A covered individual who is absent from work pursuant to
9 31 family disability leave for a portion of any week and who
9 32 meets the conditions of eligibility for benefits shall be paid
9 33 with respect to that week an amount equal to the individual's
9 34 weekly benefit amount less that part of wages payable to the
9 35 individual with respect to that week in excess of one-fourth
10 1 of the individual's weekly benefit amount. The benefits shall
10 2 be rounded to the lower multiple of one dollar.
10 3 For purposes of this section, a covered individual's weekly
10 4 benefit amount shall be an amount equal to the amount as
10 5 determined pursuant to section 96.3, subsection 4.
10 6 2. ELIGIBILITY FOR BENEFITS. The department shall adopt
10 7 rules governing the ability of a covered employer to establish
10 8 reasonable guidelines governing a covered individual's request
10 9 for, and continued eligibility for, family disability leave.
10 10 The rules shall provide that any guidelines established by an
10 11 employer shall not require a covered individual to use paid
10 12 leave prior to becoming eligible for benefits under this
10 13 chapter.
10 14 3. DURATION OF BENEFITS. The maximum total amount of
10 15 family disability leave for which a covered individual is
10 16 eligible for benefits pursuant to this chapter during a
10 17 benefit year shall not exceed twenty-six weeks. Of the
10 18 maximum family disability leave permitted pursuant to this
10 19 section, no more than twenty-four hours shall be family
10 20 disability leave as described in section 96A.2, subsection 13,
10 21 paragraphs "d" and "e".
10 22 Sec. 8. NEW SECTION. 96A.8 FILING – DETERMINATION –
10 23 APPEAL.
10 24 1. FILING. Claims for benefits shall be made in
10 25 accordance with such rules as the department may prescribe.
10 26 2. INITIAL DETERMINATION. A representative designated by
10 27 the director shall promptly notify all interested parties to
10 28 the claim of its filing, and the parties shall have ten days
10 29 from the date of mailing the notice of the filing of the claim
10 30 by ordinary mail to the last known address to protest payment
10 31 of benefits to the claimant. The representative shall
10 32 promptly examine the claim and any protest, take the
10 33 initiative to ascertain relevant information concerning the
10 34 claim, and, on the basis of the facts found by the
10 35 representative, shall determine whether or not the claim is
11 1 valid, the week with respect to which benefits shall commence,
11 2 the weekly benefit amount payable and its maximum duration,
11 3 and whether any disqualification shall be imposed. The
11 4 claimant has the burden of proving that the claimant meets the
11 5 basic eligibility conditions of this chapter. Unless the
11 6 claimant or other interested party, after notification or
11 7 within ten calendar days after notification was mailed to the
11 8 claimant's last known address, files an appeal from the
11 9 decision, the decision is final and benefits shall be paid or
11 10 denied in accordance with the decision. If an administrative
11 11 law judge affirms a decision of the representative, or the
11 12 appeal board affirms a decision of the administrative law
11 13 judge allowing benefits, the benefits shall be paid regardless
11 14 of any appeal which is thereafter taken.
11 15 3. APPEALS. Unless the appeal is withdrawn, an
11 16 administrative law judge, after affording the parties
11 17 reasonable opportunity for fair hearing, shall affirm or
11 18 modify the findings of fact and decision of the
11 19 representative. The hearing shall be conducted pursuant to
11 20 the provisions of chapter 17A relating to hearings for
11 21 contested cases. Before the hearing is scheduled, the parties
11 22 shall be afforded the opportunity to choose either a telephone
11 23 hearing or an in-person hearing. A request for an in-person
11 24 hearing shall be approved unless the in-person hearing would
11 25 be impractical because of the distance between the parties to
11 26 the hearing. A telephone or in-person hearing shall not be
11 27 scheduled before the seventh calendar day after the parties
11 28 receive notice of the hearing. Reasonable requests for the
11 29 postponement of a hearing shall be granted. The parties shall
11 30 be duly notified of the administrative law judge's decision,
11 31 together with the administrative law judge's reasons for the
11 32 decision, which is the final decision of the department,
11 33 unless within fifteen days after the date of notification or
11 34 mailing of the decision, further appeal is initiated pursuant
11 35 to this section.
12 1 Appeals from the initial determination shall be heard by an
12 2 administrative law judge employed by the department. An
12 3 administrative law judge's decision may be appealed by any
12 4 party to the employment appeal board created in section
12 5 10A.601. The decision of the appeal board is final agency
12 6 action and an appeal of the decision shall be made directly to
12 7 the district court.
12 8 4. EFFECT OF DETERMINATION. A finding of fact or law,
12 9 judgment, conclusion, or final order made pursuant to this
12 10 section by an employee or representative of the department,
12 11 administrative law judge, or the employment appeal board, is
12 12 binding only upon the parties to proceedings brought under
12 13 this chapter, and is not binding upon any other proceedings or
12 14 action involving the same facts brought by the same or related
12 15 parties before the division of labor services, division of
12 16 industrial services, other state agency, arbitrator, court, or
12 17 judge of this state or the United States.
12 18 Sec. 9. NEW SECTION. 96A.9 RECOVERY OF OVERPAYMENT OF
12 19 BENEFITS.
12 20 If a covered individual receives benefits for which the
12 21 individual is subsequently determined to be ineligible, even
12 22 though the individual acts in good faith and is not otherwise
12 23 at fault, the benefits shall be recovered. The department in
12 24 its discretion may recover the overpayment of benefits either
12 25 by having a sum equal to the overpayment deducted from any
12 26 future benefits payable to the individual or by having the
12 27 individual pay to the department a sum equal to the
12 28 overpayment.
12 29 Sec. 10. NEW SECTION. 96A.10 WAIVER – FEES –
12 30 ASSIGNMENTS – PENALTIES.
12 31 1. WAIVER OF RIGHTS VOID. Any agreement by a covered
12 32 individual to waive, release, or commute the individual's
12 33 rights to benefits or any other rights under this chapter
12 34 shall be void. Any agreement by any individual in the employ
12 35 of any person or concern to pay all or any portion of a
13 1 covered employer's contributions, required under this chapter
13 2 from such employer, shall be void. A covered employer shall
13 3 not directly or indirectly make or require or accept any
13 4 deduction from wages to finance the employer's contributions
13 5 required from the employer, or require or accept any waiver of
13 6 any right hereunder by any individual in the employer's
13 7 employ. Any covered employer or officer or agent of an
13 8 employer who violates any provision of this subsection shall,
13 9 for each offense, be guilty of a serious misdemeanor.
13 10 2. PROHIBITION AGAINST FEES. A covered individual
13 11 claiming benefits under this chapter shall not be charged fees
13 12 of any kind in any proceeding under this chapter by the
13 13 department or its representatives or by a court or an officer
13 14 of the court. An individual claiming benefits in a proceeding
13 15 before the department, an appeal tribunal, or a court may be
13 16 represented by counsel or other duly authorized agent. A
13 17 person who violates a provision of this subsection is guilty
13 18 of a serious misdemeanor for each violation.
13 19 3. NO ASSIGNMENT OF BENEFITS – EXEMPTIONS. Any
13 20 assignment, pledge, or encumbrance of any right to benefits
13 21 which are or may become due or payable under this chapter
13 22 shall be void, and such rights to benefits shall be exempt
13 23 from levy, execution, attachment, or any other remedy
13 24 whatsoever provided for the collection of debt; and benefits
13 25 received by any individual, so long as they are not mingled
13 26 with other funds of the recipient, shall be exempt from any
13 27 remedy whatsoever for the collection of all debts. Any waiver
13 28 of any exemption provided for in this subsection shall be
13 29 void.
13 30 However, benefits under this chapter are not exempt from
13 31 income withholding, garnishment, attachment, or execution if
13 32 withheld for or garnisheed by the child support recovery unit,
13 33 established in section 252B.2, or if an income withholding
13 34 order or notice of the income withholding order under section
13 35 598.22 or 598.23 is being enforced by the child support
14 1 recovery unit to satisfy the child support obligation of a
14 2 covered individual who is eligible for benefits under this
14 3 chapter.
14 4 Sec. 11. NEW SECTION. 96A.11 FAMILY DISABILITY LEAVE
14 5 BENEFITS FUND.
14 6 1. ESTABLISHMENT AND CONTROL. A family disability leave
14 7 benefits fund is hereby established as a special fund,
14 8 separate and apart from all public moneys or funds of this
14 9 state. The department shall administer the fund exclusively
14 10 for the purposes of this chapter. The fund shall consist of
14 11 all of the following:
14 12 a. All contributions collected under this chapter,
14 13 including any interest and penalties collected on delinquent
14 14 contributions.
14 15 b. Interest earned upon any moneys in the fund.
14 16 c. Any property or securities acquired through the use of
14 17 moneys belonging to the fund.
14 18 d. All earnings of such property or securities.
14 19 e. Any other moneys specifically directed or appropriated
14 20 to the fund.
14 21 2. ACCOUNTS AND DEPOSITS. The treasurer of state shall be
14 22 the custodian of the fund and shall administer the fund in
14 23 accordance with the directions of the department.
14 24 3. EXCLUSIVE USE. Moneys in the fund shall be held in
14 25 trust for the exclusive payment of family disability leave
14 26 benefits pursuant to this chapter.
14 27 Sec. 12. NEW SECTION. 96A.12 CONTRIBUTIONS.
14 28 1. Covered employers who have not established an eligible
14 29 private plan pursuant to section 96A.4 and all employees of a
14 30 covered employer shall pay into the fund contributions as
14 31 provided by this section.
14 32 2. For each calendar year, the department shall by
14 33 November 1 of the previous calendar year, establish a total
14 34 contribution rate for the upcoming calendar year based upon
14 35 the anticipated wages of employees of covered employers for
15 1 the upcoming calendar year which shall be sufficient to pay
15 2 anticipated benefits pursuant to this chapter for that
15 3 calendar year.
15 4 Of the total contribution rate established by the
15 5 department, covered employers shall pay contributions based on
15 6 two-thirds of the total contribution rate established and
15 7 employees of covered employers shall pay contributions based
15 8 on one-third of the total contribution rate established by the
15 9 department. Covered employers shall ensure that the employee
15 10 contribution shall be deducted from the employee's wages.
15 11 Sec. 13. NEW SECTION. 96A.13 PRIORITY – REFUNDS.
15 12 1. INTEREST. Any employer who shall fail to pay any
15 13 contribution at the time required by this chapter and the
15 14 rules of the department shall pay to the department in
15 15 addition to such contribution, interest thereon at the rate of
15 16 one percent per month and one-thirtieth of one percent for
15 17 each day or fraction thereof computed from the date upon which
15 18 the contribution should have been paid.
15 19 2. If the department finds that an employer has willfully
15 20 failed to pay any contribution or part thereof when required
15 21 by this chapter and the rules of the department, with intent
15 22 to defraud the department, the employer shall in addition to
15 23 such contribution or part thereof, pay a contribution equal to
15 24 fifty percent of the amount of such contribution or part
15 25 thereof, as the case may be.
15 26 The department may cancel any interest or penalties if it
15 27 is shown to the satisfaction of the department that the
15 28 failure to pay a required contribution or to file a required
15 29 report was not the result of negligence, fraud, or intentional
15 30 disregard of the law or the rules of the department.
15 31 3. LIEN OF CONTRIBUTIONS – COLLECTION. Whenever any
15 32 covered employer liable to pay contributions refuses or
15 33 neglects to pay the contributions, the amount, including any
15 34 interest, together with the costs that may accrue in addition
15 35 thereto, shall be a lien in favor of the state upon all
16 1 property and rights to property, whether real or personal,
16 2 belonging to the employer.
16 3 Sec. 14. NEW SECTION. 96A.14 OFFENSES.
16 4 1. PENALTIES. An individual who makes a false statement
16 5 or representation knowing it to be false or knowingly fails to
16 6 disclose a material fact, to obtain or increase any benefit or
16 7 other payment under this chapter, either for the individual or
16 8 for any other individual, is guilty of a fraudulent practice
16 9 as defined in sections 714.8 through 714.14. The total amount
16 10 of benefits or payments involved in the completion of or in
16 11 the attempt to complete a fraudulent practice shall be used in
16 12 determining the value involved under section 714.14.
16 13 2. FALSE STATEMENT. Any covered employer or any officer
16 14 or agent of a covered employer or any other person who makes a
16 15 false statement or representation knowing it to be false, or
16 16 who knowingly fails to disclose a material fact, to prevent or
16 17 reduce the payment of benefits to any individual entitled
16 18 thereto, or to avoid becoming or remaining subject hereto, or
16 19 to avoid or reduce any contribution or other payment required
16 20 from a covered employer under this chapter, or who willfully
16 21 fails or refuses to make any such contributions or other
16 22 payment or to furnish any reports required hereunder or to
16 23 produce or permit the inspection or copying of records as
16 24 required hereunder, is guilty of a fraudulent practice as
16 25 defined in sections 714.8 through 714.14. The total amount of
16 26 benefits, contributions, or payments involved in the
16 27 completion of or in the attempt to complete a fraudulent
16 28 practice shall be used in determining the value involved under
16 29 section 714.14.
16 30 3. UNLAWFUL ACTS. Any person who willfully violates any
16 31 provision of this chapter or any rule adopted pursuant to this
16 32 chapter, the violation of which is made unlawful or the
16 33 observance of which is required under the terms of this
16 34 chapter, and for which a penalty is neither prescribed herein
16 35 nor provided by any other applicable statute, shall be guilty
17 1 of a simple misdemeanor, and each day such violation continues
17 2 shall be deemed to be a separate offense.
17 3 4. MISREPRESENTATION. An individual who, by reason of the
17 4 nondisclosure or misrepresentation by the individual or by
17 5 another of a material fact, has received any sum as benefits
17 6 under this chapter while any conditions for the receipt of
17 7 benefits imposed by this chapter were not fulfilled in the
17 8 individual's case, or while the individual was disqualified
17 9 from receiving benefits, shall, in the discretion of the
17 10 department, either be liable to have the sum deducted from any
17 11 future benefits payable to the individual under this chapter
17 12 or shall be liable to repay to the department for the fund, a
17 13 sum equal to the amount so received by the individual. If the
17 14 department seeks to recover the amount of the benefits by
17 15 having the individual pay to the department a sum equal to
17 16 that amount, the department may file a lien with the county
17 17 recorder in favor of the state on the individual's property
17 18 and rights to property, whether real or personal.
17 19 Sec. 15. NEW SECTION. 96A.15 FUTURE REPEAL.
17 20 This chapter is repealed December 31, 2003.
17 21 Sec. 16. TASK FORCE ON WORK AND THE FAMILY.
17 22 1. A task force on work and the family is established
17 23 under the sponsorship of the department of workforce
17 24 development. The task force shall consist of fifteen members
17 25 as follows: the director of the department of workforce
17 26 development and fourteen public members, appointed by the
17 27 governor and confirmed by the senate, including four
17 28 representatives of women's organizations; four representatives
17 29 of labor organizations; four representatives of business
17 30 organizations; and two individuals with expertise on the
17 31 impact of work on family life. Not more than seven of the
17 32 public members shall be of the same political party. Each
17 33 member shall serve on the task force for a term lasting until
17 34 the task force is dissolved. Any member may be removed from
17 35 office by the governor, for cause, after a hearing and may be
18 1 suspended by the governor pending the completion of the
18 2 hearing. All vacancies shall be filled in the same manner as
18 3 the original appointment. Members shall serve without
18 4 compensation. The task force shall organize itself within
18 5 fifteen days after the appointment of its members. In
18 6 organizing itself, the task force shall elect a chairperson
18 7 and vice-chairperson from among its members. Each member
18 8 shall be entitled to one vote on all matters which may come
18 9 before the task force. No determination, decision, or action
18 10 of the task force shall be made or taken unless a majority of
18 11 the members votes in favor of the action.
18 12 2. The task force shall issue a report not later than June
18 13 1, 2002, which evaluates and describes the impact of the
18 14 provisions of chapter 96A, including the costs and benefits
18 15 resulting from the provisions of the chapter for the
18 16 following:
18 17 a. Employees and their families.
18 18 b. Employers, including benefits such as reduced training
18 19 and other costs related to reduced turnover of personnel, and
18 20 increased affordability of family disability leave benefits
18 21 through the provisions of chapter 96A, with special attention
18 22 given to small businesses.
18 23 c. The public, including savings caused by any reduction
18 24 in the number of people receiving public assistance.
18 25 The task force shall evaluate the impact of the provisions
18 26 of this chapter on welfare costs and on the stability of
18 27 employment of participants. The report shall include
18 28 recommendations regarding whether to continue or modify the
18 29 provisions of chapter 96A after December 31, 2003, and any
18 30 draft legislation needed to implement the recommendations.
18 31 The task force shall dissolve immediately after issuing the
18 32 report. The task force may hold public hearings and shall
18 33 have access to all files and records of the department of
18 34 revenue and finance, the department of workforce development,
18 35 and other relevant state agencies and may call to its
19 1 assistance and avail itself of the services of the employees
19 2 of those departments and agencies to provide whatever
19 3 information the task force deems necessary in the performance
19 4 of its functions.
19 5 3. The total amount of expenses which the task force
19 6 determines is necessary to carry out its duties pursuant to
19 7 this section, if any, shall be provided through an
19 8 appropriation to the department of workforce development,
19 9 except that the amount shall in no case exceed one hundred
19 10 fifty thousand dollars during any fiscal year. The task force
19 11 shall make that determination in consultation with the
19 12 director of the department of workforce development and shall
19 13 report that determination to the director not later than the
19 14 sixtieth day following its organization.
19 15 EXPLANATION
19 16 This bill establishes a family disability leave benefits
19 17 law which provides benefits to individuals who take unpaid
19 18 time from work to provide care for a family member's
19 19 disability or for certain other absences from work. The law
19 20 is administered by the department of workforce development.
19 21 The bill defines family disability leave as unpaid leave for
19 22 the birth of a child of the individual, the placement of a
19 23 child with the individual in connection with the adoption of
19 24 the child by the individual, a serious health condition of a
19 25 family member of the individual, attending a parent-teacher
19 26 conference for a child, and accompanying a family member for
19 27 routine medical and dental care. Benefits are calculated in
19 28 the same manner as unemployment compensation benefits are
19 29 calculated. The bill establishes a mechanism for employers to
19 30 opt out of coverage under the law if the employer has
19 31 established a private plan to provide family disability leave
19 32 benefits.
19 33 The bill establishes a family disability leave benefits
19 34 fund for the payment of benefits and establishes the mechanism
19 35 for establishing the rate for both employers and employees to
20 1 make contributions into the fund. The department of workforce
20 2 development administers the fund and also provides for the
20 3 payment and determination of benefits payable from the fund.
20 4 The bill provides for the recovery of benefit overpayments
20 5 and establishes penalties for violations of various provisions
20 6 of the law. The bill provides that the rights granted by the
20 7 bill cannot be waived.
20 8 The bill provides that family disability leave benefits
20 9 shall be payable beginning January 1, 1999, and also provides
20 10 that the chapter is repealed effective December 31, 2003.
20 11 The bill establishes a task force concerning work and
20 12 family in the department of workforce development to examine
20 13 the impact of this bill and requires the task force to issue a
20 14 report by June 1, 2002, concerning its findings. The bill
20 15 specifies the membership of the task force and provides that
20 16 the costs associated with the task force be payable from an
20 17 appropriation to the department of workforce development.
20 18 LSB 3010XS 77
20 19 ec/sc/14.2
Text: SF02196 Text: SF02198 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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