House File 439 - Introduced HOUSE FILE 439 BY KNIFF MCCULLA A BILL FOR An Act pertaining to waiver or alteration of work search 1 requirements for unemployment benefits due to a short-term 2 temporary layoff. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2354YH (4) 90 je/rn
H.F. 439 Section 1. Section 96.4, subsection 3, paragraph b, Code 1 2023, is amended to read as follows: 2 b. Notwithstanding any provision of this chapter to the 3 contrary, the department may establish by rule a process to 4 waive or alter the work search requirements of this subsection 5 for a claim for benefits if an individual has a reasonable 6 expectation that the individual will be returning to employment 7 and is attached to a regular job or industry or a member in 8 good standing of a union therein eligible for referral for 9 employment. To be considered attached to a regular job or 10 industry, an individual must be on a short-term temporary 11 layoff. If work is not available at the conclusion of the 12 layoff period due to short-term circumstances beyond the 13 employer’s control, the employer may request an extension 14 of the waiver or alteration for up to two weeks from the 15 department. For purposes of this paragraph, “short-term 16 temporary layoff” means a layoff period of sixteen weeks or 17 less due to seasonal weather conditions that impact the ability 18 to perform work related to highway construction, repair, or 19 maintenance the following with a specific return-to-work date 20 verified by the employer . : 21 (1) Highway construction, repair, or maintenance. 22 (2) Underground utility construction where specialized 23 training provided by the employer is necessary to safely 24 perform such work. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 Under current law, the department of workforce development 29 may establish by rule a process to waive or alter the work 30 search requirements for a claim for unemployment benefits if 31 an individual has a reasonable expectation that the individual 32 will be returning to employment and is attached to a regular 33 job or industry or a member in good standing of a union therein 34 eligible for referral for employment. To be considered 35 -1- LSB 2354YH (4) 90 je/rn 1/ 2
H.F. 439 attached to a regular job or industry, an individual must be on 1 a short-term temporary layoff, defined as a layoff period of 16 2 weeks or less, with a specific return-to-work date verified by 3 the employer, due to seasonal weather conditions that impact 4 the ability of the individual to perform work related to 5 highway construction, repair, or maintenance. 6 This bill modifies the definition of short-term temporary 7 layoff by adding, as a form of work impacted by seasonal 8 weather conditions that satisfies the definition, underground 9 utility construction where specialized training provided by the 10 employer is necessary to safely perform such work. 11 -2- LSB 2354YH (4) 90 je/rn 2/ 2