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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