Senate File 2110 - Introduced SENATE FILE 2110 BY CHAPMAN A BILL FOR An Act concerning disqualification from eligibility for 1 unemployment benefits due to discharge for misconduct. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5018XS (2) 87 je/rj

S.F. 2110 Section 1. Section 96.5, subsection 2, Code 2018, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . 0b. Misconduct is deemed to have occurred 3 in circumstances including but not limited to any of the 4 following: 5 (1) The individual loses employment as a result of the 6 individual’s failure to obey a rule, order, or instruction of 7 the employer. 8 (2) The individual loses employment as a result of the 9 individual’s failure to discharge the duties for which the 10 individual was employed. 11 (3) The individual loses employment as a result of the 12 individual’s disregard of the employer’s interests or of the 13 individual’s duties or obligations to the employer. 14 Sec. 2. Section 96.6, subsection 2, Code 2018, is amended 15 to read as follows: 16 2. Initial determination. A representative designated by 17 the director shall promptly notify all interested parties to 18 the claim of its filing, and the parties have ten days from 19 the date of mailing the notice of the filing of the claim by 20 ordinary mail to the last known address to protest payment of 21 benefits to the claimant. The representative shall promptly 22 examine the claim and any protest, take the initiative to 23 ascertain relevant information concerning the claim, and, on 24 the basis of the facts found by the representative, shall 25 determine whether or not the claim is valid, the week with 26 respect to which benefits shall commence, the weekly benefit 27 amount payable and its maximum duration, and whether any 28 disqualification shall be imposed. The claimant has the burden 29 of proving that the claimant meets the basic eligibility 30 conditions of section 96.4 . The employer has the burden of 31 proving that the claimant is disqualified for benefits pursuant 32 to section 96.5 , except as provided by this subsection . The 33 claimant has the initial burden to produce evidence showing 34 that the claimant is not disqualified for benefits in cases 35 -1- LSB 5018XS (2) 87 je/rj 1/ 3

S.F. 2110 involving section 96.5, subsections 10 and 11 , and has the 1 burden of proving that a voluntary quit pursuant to section 2 96.5, subsection 1 , was for good cause attributable to the 3 employer and that the claimant is not disqualified for benefits 4 in cases involving section 96.5, subsection 1 , paragraphs 5 “a” through “h” . When making a determination as to whether 6 a claimant is disqualified for benefits pursuant to section 7 96.5, subsection 2, the representative shall not consider 8 whether, to what extent, or in what manner an employer imposed 9 disciplinary action upon the claimant for any past misconduct 10 by the claimant. Unless the claimant or other interested 11 party, after notification or within ten calendar days after 12 notification was mailed to the claimant’s last known address, 13 files an appeal from the decision, the decision is final 14 and benefits shall be paid or denied in accordance with the 15 decision. If an administrative law judge affirms a decision of 16 the representative, or the appeal board affirms a decision of 17 the administrative law judge allowing benefits, the benefits 18 shall be paid regardless of any appeal which is thereafter 19 taken, but if the decision is finally reversed, no employer’s 20 account shall be charged with benefits so paid and this relief 21 from charges shall apply to both contributory and reimbursable 22 employers, notwithstanding section 96.8, subsection 5 . 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 Under current law, an individual is disqualified from 27 eligibility for unemployment benefits if the department of 28 workforce development finds that the individual has been 29 discharged for misconduct in connection with the individual’s 30 employment. “Misconduct” is defined by the department by rule. 31 This bill provides that misconduct is deemed to have 32 occurred in circumstances including but not limited to certain 33 circumstances specified in the bill. The circumstances 34 include the individual losing employment as a result of the 35 -2- LSB 5018XS (2) 87 je/rj 2/ 3

S.F. 2110 individual’s failure to obey a rule, order, or instruction of 1 the employer; the individual losing employment as a result of 2 the individual’s failure to discharge the duties for which the 3 individual was employed; and the individual losing employment 4 as a result of the individual’s disregard of the employer’s 5 interests or the individual’s duties or obligations to the 6 employer. 7 The bill also prohibits the department from considering 8 whether, to what extent, or in what manner an employer imposed 9 disciplinary action upon an individual for any past misconduct 10 by the individual when making a determination as to whether the 11 individual is disqualified for benefits due to being discharged 12 for misconduct. 13 -3- LSB 5018XS (2) 87 je/rj 3/ 3