HF 439 (LSB 2354YH (4) 90)

HOUSE FILE 439

BY  KNIFF MCCULLA

A BILL FOR

An Act pertaining to waiver or alteration of work search requirements for unemployment benefits due to a short-term temporary layoff.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 96.4, subsection 3, paragraph b, Code 2023, is amended to read as follows:
   b.  Notwithstanding any provision of this chapter to the contrary, the department may establish by rule a process to waive or alter the work search requirements of this subsection for a claim for benefits if an individual has a reasonable expectation that the individual will be returning to employment and is attached to a regular job or industry or a member in good standing of a union therein eligible for referral for employment. To be considered attached to a regular job or industry, an individual must be on a short-term temporary layoff. If work is not available at the conclusion of the layoff period due to short-term circumstances beyond the employer’s control, the employer may request an extension of the waiver or alteration for up to two weeks from the department. For purposes of this paragraph, “short-term temporary layoff” means a layoff period of sixteen weeks or less due to seasonal weather conditions that impact the ability to perform work related to highway construction, repair, or maintenance the following with a specific return-to-work date verified by the employer.:
   (1)  Highway construction, repair, or maintenance.
   (2)  Underground utility construction where specialized training provided by the employer is necessary to safely perform such work.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the department of workforce development may establish by rule a process to waive or alter the work search requirements for a claim for unemployment benefits if an individual has a reasonable expectation that the individual will be returning to employment and is attached to a regular job or industry or a member in good standing of a union therein eligible for referral for employment. To be considered attached to a regular job or industry, an individual must be on a short-term temporary layoff, defined as a layoff period of 16 weeks or less, with a specific return-to-work date verified by the employer, due to seasonal weather conditions that impact the ability of the individual to perform work related to highway construction, repair, or maintenance.
   This bill modifies the definition of short-term temporary layoff by adding, as a form of work impacted by seasonal weather conditions that satisfies the definition, underground utility construction where specialized training provided by the employer is necessary to safely perform such work.