House
File
2355
-
Reprinted
HOUSE
FILE
2355
BY
COMMITTEE
ON
LABOR
(SUCCESSOR
TO
HSB
596)
(As
Amended
and
Passed
by
the
House
March
23,
2022
)
A
BILL
FOR
An
Act
relating
to
employment
security
benefits.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
96.2,
Code
2022,
is
amended
to
read
as
1
follows:
2
96.2
Guide
for
interpretation.
3
As
a
guide
to
the
interpretation
and
application
of
this
4
chapter
,
the
public
policy
of
this
state
is
declared
to
be
as
5
follows:
Economic
insecurity
due
to
unemployment
is
a
serious
6
menace
to
negatively
impacts
the
health,
morals,
and
welfare
7
of
the
people
of
this
state
Iowa
.
Involuntary
unemployment
8
is
therefore
a
subject
of
general
interest
and
concern
which
9
requires
appropriate
action
by
the
legislature
to
prevent
10
its
spread
and
to
lighten
its
burden
which
now
so
often
11
falls
with
crushing
force
upon
the
unemployed
worker
and
the
12
worker’s
family.
The
achievement
of
social
security
requires
13
protection
against
this
greatest
hazard
of
our
economic
14
life.
This
can
be
provided
These
undesirable
consequences
can
15
be
reduced
by
encouraging
employers
to
provide
more
stable
16
employment
and
by
the
systematic
accumulation
of
funds
during
17
periods
of
employment
to
provide
benefits
for
periods
of
18
unemployment
,
thus
maintaining
purchasing
power
and
limiting
19
the
serious
social
consequences
of
poor
relief
assistance.
20
The
legislature,
therefore,
declares
that
in
its
considered
21
judgment
the
public
good
and
the
general
welfare
of
the
22
citizens
of
this
state
require
the
enactment
of
this
measure,
23
under
the
police
powers
of
the
state,
for
the
compulsory
24
setting
aside
of
unemployment
reserves
to
be
used
for
the
25
benefit
of
persons
.
This
chapter
provides
for
payment
of
26
benefits
to
workers
unemployed
through
no
fault
of
their
own.
27
The
policy
herein
is
intended
to
encourage
stabilization
in
28
employment,
to
provide
for
integrated
employment
and
training
29
services
in
support
of
state
economic
development
programs,
and
30
to
provide
meaningful
job
training
and
employment
opportunities
31
for
the
unemployed,
underemployed,
economically
disadvantaged,
32
dislocated
workers,
and
others
with
substantial
barriers
to
33
employment.
To
further
this
public
policy,
the
state,
through
34
its
department
of
workforce
development,
will
maintain
close
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coordination
among
all
federal,
state,
and
local
agencies
1
whose
missions
affect
the
employment
or
employability
of
the
2
unemployed
and
underemployed.
3
Sec.
2.
Section
96.3,
subsection
5,
paragraph
a,
Code
2022,
4
is
amended
to
read
as
follows:
5
a.
Duration
of
benefits.
The
maximum
total
amount
of
6
benefits
payable
to
an
eligible
individual
during
a
benefit
7
year
shall
not
exceed
the
total
of
the
wage
credits
accrued
to
8
the
individual’s
account
during
the
individual’s
base
period,
9
or
twenty-six
sixteen
times
the
individual’s
weekly
benefit
10
amount,
whichever
is
the
lesser.
The
director
shall
maintain
11
a
separate
account
for
each
individual
who
earns
wages
in
12
insured
work.
The
director
shall
compute
wage
credits
for
13
each
individual
by
crediting
the
individual’s
account
with
14
one-third
of
the
wages
for
insured
work
paid
to
the
individual
15
during
the
individual’s
base
period.
However,
the
director
16
shall
recompute
wage
credits
for
an
individual
who
is
laid
17
off
due
to
the
individual’s
employer
going
out
of
business
at
18
the
factory,
establishment,
or
other
premises
at
which
the
19
individual
was
last
employed,
by
crediting
the
individual’s
20
account
with
one-half,
instead
of
one-third,
of
the
wages
for
21
insured
work
paid
to
the
individual
during
the
individual’s
22
base
period.
Benefits
paid
to
an
eligible
individual
shall
23
be
charged
against
the
base
period
wage
credits
in
the
24
individual’s
account
which
have
not
been
previously
charged,
25
in
the
inverse
chronological
order
as
the
wages
on
which
the
26
wage
credits
are
based
were
paid.
However
if
the
state
“off”
27
indicator
is
in
effect
and
if
the
individual
is
laid
off
due
to
28
the
individual’s
employer
going
out
of
business
at
the
factory,
29
establishment,
or
other
premises
at
which
the
individual
was
30
last
employed,
the
maximum
benefits
payable
shall
be
extended
31
to
thirty-nine
twenty-six
times
the
individual’s
weekly
benefit
32
amount,
but
not
to
exceed
the
total
of
the
wage
credits
accrued
33
to
the
individual’s
account.
34
Sec.
3.
Section
96.3,
subsection
7,
paragraph
b,
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subparagraph
(1),
subparagraph
division
(a),
Code
2022,
is
1
amended
to
read
as
follows:
2
(a)
If
the
department
determines
that
an
overpayment
3
has
been
made,
the
charge
for
the
overpayment
against
the
4
employer’s
account
shall
be
removed
and
the
account
shall
5
be
credited
with
an
amount
equal
to
the
overpayment
from
6
the
unemployment
compensation
trust
fund
and
this
credit
7
shall
include
both
contributory
and
reimbursable
employers,
8
notwithstanding
section
96.8,
subsection
5
.
The
employer
shall
9
not
be
relieved
of
charges
if
benefits
are
paid
because
the
10
employer
or
an
agent
of
the
employer
failed
to
respond
timely
11
or
adequately
to
the
department’s
request
for
information
12
relating
to
the
payment
of
benefits.
This
prohibition
13
against
relief
of
charges
shall
apply
to
both
contributory
and
14
reimbursable
employers.
If
the
department
determines
that
an
15
employer’s
failure
to
respond
timely
or
adequately
was
due
to
16
insufficient
notification
from
the
department,
the
employer’s
17
account
shall
not
be
charged
for
the
overpayment.
18
Sec.
4.
Section
96.5,
subsection
2,
Code
2022,
is
amended
by
19
adding
the
following
new
paragraph:
20
NEW
PARAGRAPH
.
d.
For
the
purposes
of
this
subsection,
21
“misconduct”
means
a
deliberate
act
or
omission
by
an
22
employee
that
constitutes
a
material
breach
of
the
duties
23
and
obligations
arising
out
of
the
employee’s
contract
of
24
employment.
Misconduct
is
limited
to
conduct
evincing
such
25
willful
or
wanton
disregard
of
an
employer’s
interest
as
26
is
found
in
deliberate
violation
or
disregard
of
standards
27
of
behavior
which
the
employer
has
the
right
to
expect
of
28
employees,
or
in
carelessness
or
negligence
of
such
degree
of
29
recurrence
as
to
manifest
equal
culpability,
wrongful
intent
30
or
evil
design,
or
to
show
an
intentional
and
substantial
31
disregard
of
the
employer’s
interests
or
of
the
employee’s
32
duties
and
obligations
to
the
employer.
Misconduct
by
an
33
individual
includes
but
is
not
limited
to
all
of
the
following:
34
(1)
Material
falsification
of
the
individual’s
employment
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application.
1
(2)
Knowing
violation
of
a
reasonable
and
uniformly
2
enforced
rule
of
an
employer.
3
(3)
Intentional
damage
of
an
employer’s
property.
4
(4)
Consumption
of
alcohol,
illegal
or
nonprescribed
5
prescription
drugs,
or
an
impairing
substance
in
a
manner
6
not
directed
by
the
manufacturer,
or
a
combination
of
such
7
substances,
on
the
employer’s
premises
in
violation
of
the
8
employer’s
employment
policies.
9
(5)
Reporting
to
work
under
the
influence
of
alcohol,
10
illegal
or
nonprescribed
prescription
drugs,
or
an
impairing
11
substance
in
an
off-label
manner,
or
a
combination
of
such
12
substances,
on
the
employer’s
premises
in
violation
of
the
13
employer’s
employment
policies,
unless
the
individual
is
14
compelled
to
work
by
the
employer
outside
of
scheduled
or
15
on-call
working
hours.
16
(6)
Conduct
that
substantially
and
unjustifiably
endangers
17
the
personal
safety
of
coworkers
or
the
general
public.
18
(7)
Incarceration
for
an
act
for
which
one
could
reasonably
19
expect
to
be
incarcerated
that
results
in
missing
work.
20
(8)
Incarceration
as
a
result
of
a
misdemeanor
or
felony
21
conviction
by
a
court
of
competent
jurisdiction.
22
(9)
Excessive
unexcused
tardiness
or
absenteeism.
23
(10)
Falsification
of
any
work-related
report,
task,
or
job
24
that
could
expose
the
employer
or
coworkers
to
legal
liability
25
or
sanction
for
violation
of
health
or
safety
laws.
26
(11)
Failure
to
maintain
any
license,
registration,
or
27
certification
that
is
reasonably
required
by
the
employer
or
28
by
law,
or
that
is
a
functional
requirement
to
perform
the
29
individual’s
regular
job
duties,
unless
the
failure
is
not
30
within
the
control
of
the
individual.
31
(12)
Conduct
that
is
libelous
or
slanderous
toward
an
32
employer
or
an
employee
of
the
employer
if
such
conduct
is
not
33
protected
under
state
or
federal
law.
34
(13)
Theft
of
an
employer
or
coworker’s
funds
or
property.
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(14)
Intentional
misrepresentation
of
time
worked
or
work
1
carried
out
that
results
in
the
individual
receiving
unearned
2
wages
or
unearned
benefits.
3
Sec.
5.
Section
96.5,
subsection
3,
paragraph
a,
4
subparagraph
(1),
subparagraph
divisions
(a),
(b),
(c),
and
5
(d),
Code
2022,
are
amended
to
read
as
follows:
6
(a)
One
hundred
percent,
if
the
work
is
offered
during
the
7
first
five
weeks
week
of
unemployment.
8
(b)
Seventy-five
Ninety
percent,
if
the
work
is
offered
9
during
the
sixth
second
through
the
twelfth
third
week
of
10
unemployment.
11
(c)
Seventy
Eighty
percent,
if
the
work
is
offered
during
12
the
thirteenth
fourth
through
the
eighteenth
fifth
week
of
13
unemployment.
14
(d)
Sixty-five
Seventy
percent,
if
the
work
is
offered
15
after
during
the
eighteenth
sixth
through
the
eighth
week
of
16
unemployment.
17
Sec.
6.
Section
96.5,
subsection
3,
paragraph
a,
18
subparagraph
(1),
Code
2022,
is
amended
by
adding
the
following
19
new
subparagraph
division:
20
NEW
SUBPARAGRAPH
DIVISION
.
(e)
Sixty
percent,
if
the
work
21
is
offered
after
the
eighth
week
of
unemployment.
22
Sec.
7.
Section
96.6,
subsection
3,
paragraph
b,
Code
2022,
23
is
amended
to
read
as
follows:
24
b.
Appeals
from
the
initial
determination
shall
be
heard
25
by
an
administrative
law
judge
employed
by
the
department.
26
An
administrative
law
judge’s
decision
may
be
appealed
by
27
any
party
to
the
employment
appeal
board
created
in
section
28
10A.601
.
The
decision
of
the
appeal
board
is
final
agency
29
action
and
an
appeal
of
the
decision
shall
be
made
or
directly
30
to
the
district
court.
31
Sec.
8.
Section
96.40,
subsection
2,
Code
2022,
is
amended
32
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
l.
The
reduction
in
work
hours
for
employees
34
was
not
based
on
a
work
week
exceeding
forty
hours.
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Sec.
9.
Section
96.40,
Code
2022,
is
amended
by
adding
the
1
following
new
subsections:
2
NEW
SUBSECTION
.
4A.
Approval
of
a
shared
work
plan
shall
3
be
revoked
if
the
employer
lays
off
any
employee,
whether
the
4
employee
is
employed
within
an
affected
unit
or
not,
while
5
participating
in
the
shared
work
unemployment
compensation
6
program.
7
NEW
SUBSECTION
.
12.
A
part-time
employee
shall
be
eligible
8
for
shared
work
unemployment
compensation
program
benefits,
9
provided
that
the
employee
meets
all
other
requirements
in
this
10
section.
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