House File 2355 H-8225 Amend House File 2355 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 96.2, Code 2022, is amended to read as 3 follows: 4 96.2 Guide for interpretation. 5 As a guide to the interpretation and application of this 6 chapter , the public policy of this state is declared to be as 7 follows: Economic insecurity due to unemployment is a serious 8 menace to negatively impacts the health, morals, and welfare 9 of the people of this state Iowa . Involuntary unemployment 10 is therefore a subject of general interest and concern which 11 requires appropriate action by the legislature to prevent 12 its spread and to lighten its burden which now so often 13 falls with crushing force upon the unemployed worker and the 14 worker’s family. The achievement of social security requires 15 protection against this greatest hazard of our economic 16 life. This can be provided These undesirable consequences can 17 be reduced by encouraging employers to provide more stable 18 employment and by the systematic accumulation of funds during 19 periods of employment to provide benefits for periods of 20 unemployment , thus maintaining purchasing power and limiting 21 the serious social consequences of poor relief assistance. 22 The legislature, therefore, declares that in its considered 23 judgment the public good and the general welfare of the 24 citizens of this state require the enactment of this measure, 25 under the police powers of the state, for the compulsory 26 setting aside of unemployment reserves to be used for the 27 benefit of persons . This chapter provides for payment of 28 benefits to workers unemployed through no fault of their own. 29 The policy herein is intended to encourage stabilization in 30 employment, to provide for integrated employment and training 31 services in support of state economic development programs, and 32 to provide meaningful job training and employment opportunities 33 for the unemployed, underemployed, economically disadvantaged, 34 dislocated workers, and others with substantial barriers to 35 -1- HF 2355.3924 (2) 89 dg/rn 1/ 5 #1.
employment. To further this public policy, the state, through 1 its department of workforce development, will maintain close 2 coordination among all federal, state, and local agencies 3 whose missions affect the employment or employability of the 4 unemployed and underemployed. 5 Sec. 2. Section 96.3, subsection 5, paragraph a, Code 2022, 6 is amended to read as follows: 7 a. Duration of benefits. The maximum total amount of 8 benefits payable to an eligible individual during a benefit 9 year shall not exceed the total of the wage credits accrued to 10 the individual’s account during the individual’s base period, 11 or twenty-six sixteen times the individual’s weekly benefit 12 amount, whichever is the lesser. The director shall maintain 13 a separate account for each individual who earns wages in 14 insured work. The director shall compute wage credits for 15 each individual by crediting the individual’s account with 16 one-third of the wages for insured work paid to the individual 17 during the individual’s base period. However, the director 18 shall recompute wage credits for an individual who is laid 19 off due to the individual’s employer going out of business at 20 the factory, establishment, or other premises at which the 21 individual was last employed, by crediting the individual’s 22 account with one-half, instead of one-third, of the wages for 23 insured work paid to the individual during the individual’s 24 base period. Benefits paid to an eligible individual shall 25 be charged against the base period wage credits in the 26 individual’s account which have not been previously charged, 27 in the inverse chronological order as the wages on which the 28 wage credits are based were paid. However if the state “off” 29 indicator is in effect and if the individual is laid off due to 30 the individual’s employer going out of business at the factory, 31 establishment, or other premises at which the individual was 32 last employed, the maximum benefits payable shall be extended 33 to thirty-nine twenty-six times the individual’s weekly benefit 34 amount, but not to exceed the total of the wage credits accrued 35 -2- HF 2355.3924 (2) 89 dg/rn 2/ 5
to the individual’s account. > 1 2. Page 1, after line 19 by inserting: 2 < Sec. ___. Section 96.4, Code 2022, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 8. The individual has satisfied a single 5 one-week waiting period during the individual’s benefit year. 6 To satisfy the one-week waiting period, the individual, with 7 respect to the week in question, must otherwise be eligible 8 for benefits from this state, must not have received or have 9 payable benefits from this state, and must not be eligible for 10 benefits from another state. 11 Sec. ___. Section 96.5, subsection 2, Code 2022, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . d. For the purposes of this subsection, 14 “misconduct” means a deliberate act or omission by an 15 employee that constitutes a material breach of the duties 16 and obligations arising out of the employee’s contract of 17 employment. Misconduct is limited to conduct evincing such 18 willful or wanton disregard of an employer’s interest as 19 is found in deliberate violation or disregard of standards 20 of behavior which the employer has the right to expect of 21 employees, or in carelessness or negligence of such degree of 22 recurrence as to manifest equal culpability, wrongful intent 23 or evil design, or to show an intentional and substantial 24 disregard of the employer’s interests or of the employee’s 25 duties and obligations to the employer. Misconduct by an 26 individual includes but is not limited to all of the following: 27 (1) Falsification of the individual’s employment 28 application. 29 (2) Knowing violation of a reasonable and uniformly 30 enforced rule of an employer. 31 (3) Intentional damage of an employer’s property. 32 (4) Dishonesty to an employer with regard to the 33 individual’s employment. 34 (5) Consumption of alcohol, illegal or nonprescribed 35 -3- HF 2355.3924 (2) 89 dg/rn 3/ 5 #2.
prescription drugs, or an impairing substance in a manner 1 not directed by the manufacturer, or a combination of such 2 substances, on the employer’s premises in violation of the 3 employer’s employment policies. 4 (6) Reporting to work under the influence of alcohol, 5 illegal or nonprescribed prescription drugs, or an impairing 6 substance in an off-label manner, or a combination of such 7 substances, on the employer’s premises in violation of the 8 employer’s employment policies, unless the individual is 9 compelled to work by the employer outside of scheduled or 10 on-call working hours. 11 (7) Conduct that endangers the personal safety of the 12 individual, coworkers, or the general public. 13 (8) Incarceration for an act for which one could reasonably 14 expect to be incarcerated that results in missing work. 15 (9) Incarceration as a result of a misdemeanor or felony 16 conviction by a court of competent jurisdiction. 17 (10) Excessive unexcused tardiness or absenteeism. 18 (11) Falsification of any work-related report, task, or job 19 that could expose the employer or coworkers to legal liability 20 or sanction for violation of health or safety laws. 21 (12) Failure to maintain any license, registration, or 22 certification that is reasonably required by the employer or 23 by law, or that is a functional requirement to perform the 24 individual’s regular job duties, unless the failure is not 25 within the control of the individual. 26 (13) Conduct that is libelous or slanderous toward an 27 employer or an employee of the employer if such conduct is not 28 protected under state or federal law. 29 (14) Conduct creating or attempting to create dissention or 30 animus against the employer or a coworker if such conduct is 31 not protected under state or federal law. 32 (15) Theft of an employer or coworker’s funds or property. 33 (16) Misrepresentation of time worked or work carried out 34 that results in the individual receiving unearned wages or 35 -4- HF 2355.3924 (2) 89 dg/rn 4/ 5
unearned benefits. 1 Sec. ___. Section 96.5, subsection 3, paragraph a, 2 subparagraph (1), subparagraph divisions (a), (b), (c), and 3 (d), Code 2022, are amended to read as follows: 4 (a) One hundred percent, if the work is offered during the 5 first five weeks week of unemployment. 6 (b) Seventy-five Ninety percent, if the work is offered 7 during the sixth second through the twelfth third week of 8 unemployment. 9 (c) Seventy Eighty percent, if the work is offered during 10 the thirteenth fourth through the eighteenth fifth week of 11 unemployment. 12 (d) Sixty-five Seventy percent, if the work is offered 13 after during the eighteenth sixth through the eighth week of 14 unemployment. 15 Sec. ___. Section 96.5, subsection 3, paragraph a, 16 subparagraph (1), Code 2022, is amended by adding the following 17 new subparagraph division: 18 NEW SUBPARAGRAPH DIVISION . (e) Sixty percent, if the work 19 is offered after the eighth week of unemployment. 20 Sec. ___. Section 96.6, subsection 3, paragraph b, Code 21 2022, is amended to read as follows: 22 b. Appeals from the initial determination shall be heard 23 by an administrative law judge employed by the department. 24 An administrative law judge’s decision may be appealed by 25 any party to the employment appeal board created in section 26 10A.601 . The decision of the appeal board is final agency 27 action and an appeal of the decision shall be made or directly 28 to the district court. > 29 3. By renumbering as necessary. 30 ______________________________ BOUSSELOT of Polk -5- HF 2355.3924 (2) 89 dg/rn 5/ 5 #3.