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House File 2355 - ReprintedA Bill ForAn Act 1relating to employment security benefits.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.2, Code 2022, is amended to read as
2follows:
396.2 Guide for interpretation.
4As a guide to the interpretation and application of this
5chapter, the public policy of this state is declared to be as
6follows: Economic insecurity due to unemployment is a serious
7menace to negatively impacts the health, morals, and welfare
8of the people of this state Iowa. Involuntary unemployment
9is therefore a subject of general interest and concern which
10requires appropriate action by the legislature to prevent
11its spread and to lighten its burden which now so often
12falls with crushing force upon the unemployed worker and the
13worker’s family. The achievement of social security requires
14protection against this greatest hazard of our economic
15life. This can be provided These undesirable consequences can
16be reduced by encouraging employers to provide more stable
17employment and by the systematic accumulation of funds during
18periods of employment to provide benefits for periods of
19unemployment, thus maintaining purchasing power and limiting
20the serious social consequences of poor relief assistance.
21The legislature, therefore, declares that in its considered
22judgment the public good and the general welfare of the
23citizens of this state require the enactment of this measure,
24under the police powers of the state, for the compulsory
25setting aside of unemployment reserves to be used for the
26benefit of persons. This chapter provides for payment of
27benefits to workers unemployed through no fault of their own.
28The policy herein is intended to encourage stabilization in
29employment, to provide for integrated employment and training
30services in support of state economic development programs, and
31to provide meaningful job training and employment opportunities
32for the unemployed, underemployed, economically disadvantaged,
33dislocated workers, and others with substantial barriers to
34employment. To further this public policy, the state, through
35its department of workforce development, will maintain close
-1-1coordination among all federal, state, and local agencies
2whose missions affect the employment or employability of the
3unemployed and underemployed.
4 Sec. 2. Section 96.3, subsection 5, paragraph a, Code 2022,
5is amended to read as follows:
6a. Duration of benefits. The maximum total amount of
7benefits payable to an eligible individual during a benefit
8year shall not exceed the total of the wage credits accrued to
9the individual’s account during the individual’s base period,
10or twenty-six sixteen times the individual’s weekly benefit
11amount, whichever is the lesser. The director shall maintain
12a separate account for each individual who earns wages in
13insured work. The director shall compute wage credits for
14each individual by crediting the individual’s account with
15one-third of the wages for insured work paid to the individual
16during the individual’s base period. However, the director
17shall recompute wage credits for an individual who is laid
18off due to the individual’s employer going out of business at
19the factory, establishment, or other premises at which the
20individual was last employed, by crediting the individual’s
21account with one-half, instead of one-third, of the wages for
22insured work paid to the individual during the individual’s
23base period. Benefits paid to an eligible individual shall
24be charged against the base period wage credits in the
25individual’s account which have not been previously charged,
26in the inverse chronological order as the wages on which the
27wage credits are based were paid. However if the state “off”
28indicator is in effect and if the individual is laid off due to
29the individual’s employer going out of business at the factory,
30establishment, or other premises at which the individual was
31last employed, the maximum benefits payable shall be extended
32to thirty-nine twenty-six times the individual’s weekly benefit
33amount, but not to exceed the total of the wage credits accrued
34to the individual’s account.
35 Sec. 3. Section 96.3, subsection 7, paragraph b,
-2-1subparagraph (1), subparagraph division (a), Code 2022, is
2amended to read as follows:
3(a) If the department determines that an overpayment
4has been made, the charge for the overpayment against the
5employer’s account shall be removed and the account shall
6be credited with an amount equal to the overpayment from
7the unemployment compensation trust fund and this credit
8shall include both contributory and reimbursable employers,
9notwithstanding section 96.8, subsection 5. The employer shall
10not be relieved of charges if benefits are paid because the
11employer or an agent of the employer failed to respond timely
12or adequately to the department’s request for information
13relating to the payment of benefits. This prohibition
14against relief of charges shall apply to both contributory and
15reimbursable employers. If the department determines that an
16employer’s failure to respond timely or adequately was due to
17insufficient notification from the department, the employer’s
18account shall not be charged for the overpayment.
19 Sec. 4. Section 96.5, subsection 2, Code 2022, is amended by
20adding the following new paragraph:
21 NEW PARAGRAPH. d. For the purposes of this subsection,
22“misconduct” means a deliberate act or omission by an
23employee that constitutes a material breach of the duties
24and obligations arising out of the employee’s contract of
25employment. Misconduct is limited to conduct evincing such
26willful or wanton disregard of an employer’s interest as
27is found in deliberate violation or disregard of standards
28of behavior which the employer has the right to expect of
29employees, or in carelessness or negligence of such degree of
30recurrence as to manifest equal culpability, wrongful intent
31or evil design, or to show an intentional and substantial
32disregard of the employer’s interests or of the employee’s
33duties and obligations to the employer. Misconduct by an
34individual includes but is not limited to all of the following:
35(1) Material falsification of the individual’s employment
-3-1application.
2(2) Knowing violation of a reasonable and uniformly
3enforced rule of an employer.
4(3) Intentional damage of an employer’s property.
5(4) Consumption of alcohol, illegal or nonprescribed
6prescription drugs, or an impairing substance in a manner
7not directed by the manufacturer, or a combination of such
8substances, on the employer’s premises in violation of the
9employer’s employment policies.
10(5) Reporting to work under the influence of alcohol,
11illegal or nonprescribed prescription drugs, or an impairing
12substance in an off-label manner, or a combination of such
13substances, on the employer’s premises in violation of the
14employer’s employment policies, unless the individual is
15compelled to work by the employer outside of scheduled or
16on-call working hours.
17(6) Conduct that substantially and unjustifiably endangers
18the personal safety of coworkers or the general public.
19(7) Incarceration for an act for which one could reasonably
20expect to be incarcerated that results in missing work.
21(8) Incarceration as a result of a misdemeanor or felony
22conviction by a court of competent jurisdiction.
23(9) Excessive unexcused tardiness or absenteeism.
24(10) Falsification of any work-related report, task, or job
25that could expose the employer or coworkers to legal liability
26or sanction for violation of health or safety laws.
27(11) Failure to maintain any license, registration, or
28certification that is reasonably required by the employer or
29by law, or that is a functional requirement to perform the
30individual’s regular job duties, unless the failure is not
31within the control of the individual.
32(12) Conduct that is libelous or slanderous toward an
33employer or an employee of the employer if such conduct is not
34protected under state or federal law.
35(13) Theft of an employer or coworker’s funds or property.
-4- 1(14) Intentional misrepresentation of time worked or work
2carried out that results in the individual receiving unearned
3wages or unearned benefits.
4 Sec. 5. Section 96.5, subsection 3, paragraph a,
5subparagraph (1), subparagraph divisions (a), (b), (c), and
6(d), Code 2022, are amended to read as follows:
7(a) One hundred percent, if the work is offered during the
8first five weeks week of unemployment.
9(b) Seventy-five Ninety percent, if the work is offered
10during the sixth second through the twelfth third week of
11unemployment.
12(c) Seventy Eighty percent, if the work is offered during
13the thirteenth fourth through the eighteenth fifth week of
14unemployment.
15(d) Sixty-five Seventy percent, if the work is offered
16after during the eighteenth sixth through the eighth week of
17unemployment.
18 Sec. 6. Section 96.5, subsection 3, paragraph a,
19subparagraph (1), Code 2022, is amended by adding the following
20new subparagraph division:
21 NEW SUBPARAGRAPH DIVISION. (e) Sixty percent, if the work
22is offered after the eighth week of unemployment.
23 Sec. 7. Section 96.6, subsection 3, paragraph b, Code 2022,
24is amended to read as follows:
25b. Appeals from the initial determination shall be heard
26by an administrative law judge employed by the department.
27An administrative law judge’s decision may be appealed by
28any party to the employment appeal board created in section
2910A.601. The decision of the appeal board is final agency
30action and an appeal of the decision shall be made or directly
31to the district court.
32 Sec. 8. Section 96.40, subsection 2, Code 2022, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. l. The reduction in work hours for employees
35was not based on a work week exceeding forty hours.
-5-1 Sec. 9. Section 96.40, Code 2022, is amended by adding the
2following new subsections:
3 NEW SUBSECTION. 4A. Approval of a shared work plan shall
4be revoked if the employer lays off any employee, whether the
5employee is employed within an affected unit or not, while
6participating in the shared work unemployment compensation
7program.
8 NEW SUBSECTION. 12. A part-time employee shall be eligible
9for shared work unemployment compensation program benefits,
10provided that the employee meets all other requirements in this
11section.
dg/rn/md
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.2, Code 2022, is amended to read as
2follows:
396.2 Guide for interpretation.
4As a guide to the interpretation and application of this
5chapter, the public policy of this state is declared to be as
6follows: Economic insecurity due to unemployment is a serious
7menace to negatively impacts the health, morals, and welfare
8of the people of this state Iowa. Involuntary unemployment
9is therefore a subject of general interest and concern which
10requires appropriate action by the legislature to prevent
11its spread and to lighten its burden which now so often
12falls with crushing force upon the unemployed worker and the
13worker’s family. The achievement of social security requires
14protection against this greatest hazard of our economic
15life. This can be provided These undesirable consequences can
16be reduced by encouraging employers to provide more stable
17employment and by the systematic accumulation of funds during
18periods of employment to provide benefits for periods of
19unemployment, thus maintaining purchasing power and limiting
20the serious social consequences of poor relief assistance.
21The legislature, therefore, declares that in its considered
22judgment the public good and the general welfare of the
23citizens of this state require the enactment of this measure,
24under the police powers of the state, for the compulsory
25setting aside of unemployment reserves to be used for the
26benefit of persons. This chapter provides for payment of
27benefits to workers unemployed through no fault of their own.
28The policy herein is intended to encourage stabilization in
29employment, to provide for integrated employment and training
30services in support of state economic development programs, and
31to provide meaningful job training and employment opportunities
32for the unemployed, underemployed, economically disadvantaged,
33dislocated workers, and others with substantial barriers to
34employment. To further this public policy, the state, through
35its department of workforce development, will maintain close
-1-1coordination among all federal, state, and local agencies
2whose missions affect the employment or employability of the
3unemployed and underemployed.
4 Sec. 2. Section 96.3, subsection 5, paragraph a, Code 2022,
5is amended to read as follows:
6a. Duration of benefits. The maximum total amount of
7benefits payable to an eligible individual during a benefit
8year shall not exceed the total of the wage credits accrued to
9the individual’s account during the individual’s base period,
10or twenty-six sixteen times the individual’s weekly benefit
11amount, whichever is the lesser. The director shall maintain
12a separate account for each individual who earns wages in
13insured work. The director shall compute wage credits for
14each individual by crediting the individual’s account with
15one-third of the wages for insured work paid to the individual
16during the individual’s base period. However, the director
17shall recompute wage credits for an individual who is laid
18off due to the individual’s employer going out of business at
19the factory, establishment, or other premises at which the
20individual was last employed, by crediting the individual’s
21account with one-half, instead of one-third, of the wages for
22insured work paid to the individual during the individual’s
23base period. Benefits paid to an eligible individual shall
24be charged against the base period wage credits in the
25individual’s account which have not been previously charged,
26in the inverse chronological order as the wages on which the
27wage credits are based were paid. However if the state “off”
28indicator is in effect and if the individual is laid off due to
29the individual’s employer going out of business at the factory,
30establishment, or other premises at which the individual was
31last employed, the maximum benefits payable shall be extended
32to thirty-nine twenty-six times the individual’s weekly benefit
33amount, but not to exceed the total of the wage credits accrued
34to the individual’s account.
35 Sec. 3. Section 96.3, subsection 7, paragraph b,
-2-1subparagraph (1), subparagraph division (a), Code 2022, is
2amended to read as follows:
3(a) If the department determines that an overpayment
4has been made, the charge for the overpayment against the
5employer’s account shall be removed and the account shall
6be credited with an amount equal to the overpayment from
7the unemployment compensation trust fund and this credit
8shall include both contributory and reimbursable employers,
9notwithstanding section 96.8, subsection 5. The employer shall
10not be relieved of charges if benefits are paid because the
11employer or an agent of the employer failed to respond timely
12or adequately to the department’s request for information
13relating to the payment of benefits. This prohibition
14against relief of charges shall apply to both contributory and
15reimbursable employers. If the department determines that an
16employer’s failure to respond timely or adequately was due to
17insufficient notification from the department, the employer’s
18account shall not be charged for the overpayment.
19 Sec. 4. Section 96.5, subsection 2, Code 2022, is amended by
20adding the following new paragraph:
21 NEW PARAGRAPH. d. For the purposes of this subsection,
22“misconduct” means a deliberate act or omission by an
23employee that constitutes a material breach of the duties
24and obligations arising out of the employee’s contract of
25employment. Misconduct is limited to conduct evincing such
26willful or wanton disregard of an employer’s interest as
27is found in deliberate violation or disregard of standards
28of behavior which the employer has the right to expect of
29employees, or in carelessness or negligence of such degree of
30recurrence as to manifest equal culpability, wrongful intent
31or evil design, or to show an intentional and substantial
32disregard of the employer’s interests or of the employee’s
33duties and obligations to the employer. Misconduct by an
34individual includes but is not limited to all of the following:
35(1) Material falsification of the individual’s employment
-3-1application.
2(2) Knowing violation of a reasonable and uniformly
3enforced rule of an employer.
4(3) Intentional damage of an employer’s property.
5(4) Consumption of alcohol, illegal or nonprescribed
6prescription drugs, or an impairing substance in a manner
7not directed by the manufacturer, or a combination of such
8substances, on the employer’s premises in violation of the
9employer’s employment policies.
10(5) Reporting to work under the influence of alcohol,
11illegal or nonprescribed prescription drugs, or an impairing
12substance in an off-label manner, or a combination of such
13substances, on the employer’s premises in violation of the
14employer’s employment policies, unless the individual is
15compelled to work by the employer outside of scheduled or
16on-call working hours.
17(6) Conduct that substantially and unjustifiably endangers
18the personal safety of coworkers or the general public.
19(7) Incarceration for an act for which one could reasonably
20expect to be incarcerated that results in missing work.
21(8) Incarceration as a result of a misdemeanor or felony
22conviction by a court of competent jurisdiction.
23(9) Excessive unexcused tardiness or absenteeism.
24(10) Falsification of any work-related report, task, or job
25that could expose the employer or coworkers to legal liability
26or sanction for violation of health or safety laws.
27(11) Failure to maintain any license, registration, or
28certification that is reasonably required by the employer or
29by law, or that is a functional requirement to perform the
30individual’s regular job duties, unless the failure is not
31within the control of the individual.
32(12) Conduct that is libelous or slanderous toward an
33employer or an employee of the employer if such conduct is not
34protected under state or federal law.
35(13) Theft of an employer or coworker’s funds or property.
-4- 1(14) Intentional misrepresentation of time worked or work
2carried out that results in the individual receiving unearned
3wages or unearned benefits.
4 Sec. 5. Section 96.5, subsection 3, paragraph a,
5subparagraph (1), subparagraph divisions (a), (b), (c), and
6(d), Code 2022, are amended to read as follows:
7(a) One hundred percent, if the work is offered during the
8first five weeks week of unemployment.
9(b) Seventy-five Ninety percent, if the work is offered
10during the sixth second through the twelfth third week of
11unemployment.
12(c) Seventy Eighty percent, if the work is offered during
13the thirteenth fourth through the eighteenth fifth week of
14unemployment.
15(d) Sixty-five Seventy percent, if the work is offered
16after during the eighteenth sixth through the eighth week of
17unemployment.
18 Sec. 6. Section 96.5, subsection 3, paragraph a,
19subparagraph (1), Code 2022, is amended by adding the following
20new subparagraph division:
21 NEW SUBPARAGRAPH DIVISION. (e) Sixty percent, if the work
22is offered after the eighth week of unemployment.
23 Sec. 7. Section 96.6, subsection 3, paragraph b, Code 2022,
24is amended to read as follows:
25b. Appeals from the initial determination shall be heard
26by an administrative law judge employed by the department.
27An administrative law judge’s decision may be appealed by
28any party to the employment appeal board created in section
2910A.601. The decision of the appeal board is final agency
30action and an appeal of the decision shall be made or directly
31to the district court.
32 Sec. 8. Section 96.40, subsection 2, Code 2022, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. l. The reduction in work hours for employees
35was not based on a work week exceeding forty hours.
-5-1 Sec. 9. Section 96.40, Code 2022, is amended by adding the
2following new subsections:
3 NEW SUBSECTION. 4A. Approval of a shared work plan shall
4be revoked if the employer lays off any employee, whether the
5employee is employed within an affected unit or not, while
6participating in the shared work unemployment compensation
7program.
8 NEW SUBSECTION. 12. A part-time employee shall be eligible
9for shared work unemployment compensation program benefits,
10provided that the employee meets all other requirements in this
11section.
dg/rn/md