Text: SF02054 Text: SF02056 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 96.5, subsection 1, Code 1999, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. k. The individual left employment due to
1 4 domestic violence perpetrated against the individual,
1 5 including domestic abuse as defined in section 236.2, which
1 6 the individual reasonably believed was necessary to protect
1 7 the safety of the individual. All evidence of domestic
1 8 violence experienced by an individual, including the
1 9 individual's statement and any corroborating evidence, shall
1 10 not be disclosed by the department, except to the parties in a
1 11 benefits contested case proceeding, unless consent for
1 12 disclosure is granted in writing by the individual. Benefits
1 13 related to wage credits earned with the employer that the
1 14 individual has left shall be charged to the unemployment
1 15 compensation fund. This paragraph applies to both
1 16 contributory and reimbursable employers, notwithstanding
1 17 section 96.8, subsection 5.
1 18 Sec. 2. Section 96.6, subsection 2, Code 1999, is amended
1 19 to read as follows:
1 20 2. INITIAL DETERMINATION. A representative designated by
1 21 the director shall promptly notify all interested parties to
1 22 the claim of its filing, and the parties have ten days from
1 23 the date of mailing the notice of the filing of the claim by
1 24 ordinary mail to the last known address to protest payment of
1 25 benefits to the claimant. The representative shall promptly
1 26 examine the claim and any protest, take the initiative to
1 27 ascertain relevant information concerning the claim, and, on
1 28 the basis of the facts found by the representative, shall
1 29 determine whether or not the claim is valid, the week with
1 30 respect to which benefits shall commence, the weekly benefit
1 31 amount payable and its maximum duration, and whether any
1 32 disqualification shall be imposed. The claimant has the
1 33 burden of proving that the claimant meets the basic
1 34 eligibility conditions of section 96.4. The employer has the
1 35 burden of proving that the claimant is disqualified for
2 1 benefits pursuant to section 96.5, except as provided by this
2 2 subsection. The claimant has the initial burden to produce
2 3 evidence showing that the claimant is not disqualified for
2 4 benefits in cases involving section 96.5, subsection 10, and
2 5 has the burden of proving that a voluntary quit pursuant to
2 6 section 96.5, subsection 1, was for good cause attributable to
2 7 the employer and that the claimant is not disqualified for
2 8 benefits in cases involving section 96.5, subsection 1,
2 9 paragraphs "a" through "h" and "k". Unless the claimant or
2 10 other interested party, after notification or within ten
2 11 calendar days after notification was mailed to the claimant's
2 12 last known address, files an appeal from the decision, the
2 13 decision is final and benefits shall be paid or denied in
2 14 accordance with the decision. If an administrative law judge
2 15 affirms a decision of the representative, or the appeal board
2 16 affirms a decision of the administrative law judge allowing
2 17 benefits, the benefits shall be paid regardless of any appeal
2 18 which is thereafter taken, but if the decision is finally
2 19 reversed, no employer's account shall be charged with benefits
2 20 so paid and this relief from charges shall apply to both
2 21 contributory and reimbursable employers, notwithstanding
2 22 section 96.8, subsection 5.
2 23 EXPLANATION
2 24 This bill provides that a person who quits employment due
2 25 to domestic violence can receive unemployment compensation
2 26 benefits. The bill provides that domestic violence includes
2 27 domestic abuse as defined in Code section 236.2. The bill
2 28 requires that the person establish that the person reasonably
2 29 believed quitting was necessary to protect the person's
2 30 safety. The bill provides that the unemployment compensation
2 31 fund, and not the employer, will be charged for unemployment
2 32 benefits paid due to domestic violence. The bill also
2 33 provides that the department of workforce development not
2 34 release evidence presented by the individual to support
2 35 benefits under this provision, except to the parties in a
3 1 contested case proceeding, unless the individual consents in
3 2 writing.
3 3
3 4 LSB 5115SS 78
3 5 ec/as/5
Text: SF02054 Text: SF02056 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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