Bill Text: IA HF2365 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to certain notifications issued by the department of workforce development concerning claims for unemployment benefits and the voluntary shared work program, and including applicability provisions. (Formerly HSB 605.) Effective date: 07/01/2020. Applicability date: 07/01/2020.
Spectrum: Committee Bill
Status: (Passed) 2020-06-25 - Signed by Governor. H.J. 790. [HF2365 Detail]
Download: Iowa-2019-HF2365-Enrolled.html
House
File
2365
-
Enrolled
House
File
2365
AN
ACT
RELATING
TO
CERTAIN
NOTIFICATIONS
ISSUED
BY
THE
DEPARTMENT
OF
WORKFORCE
DEVELOPMENT
CONCERNING
CLAIMS
FOR
UNEMPLOYMENT
BENEFITS
AND
THE
VOLUNTARY
SHARED
WORK
PROGRAM,
AND
INCLUDING
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
96.6,
subsection
2,
Code
2020,
is
amended
to
read
as
follows:
2.
Initial
determination.
A
representative
designated
by
the
director
shall
promptly
notify
all
interested
parties
to
the
claim
of
its
filing,
and
the
parties
have
ten
days
from
the
date
of
mailing
issuing
the
notice
of
the
filing
of
the
claim
by
ordinary
mail
to
the
last
known
address
to
protest
payment
of
benefits
to
the
claimant.
All
interested
parties
shall
select
a
format
as
specified
by
the
department
to
receive
such
notifications.
The
representative
shall
promptly
examine
the
claim
and
any
protest,
take
the
initiative
to
ascertain
relevant
information
concerning
the
claim,
and,
on
the
basis
of
the
facts
found
by
the
representative,
shall
determine
whether
or
not
the
claim
is
valid,
the
week
with
respect
to
which
benefits
shall
commence,
the
weekly
benefit
amount
payable
and
its
maximum
duration,
and
whether
any
disqualification
shall
be
imposed.
The
claimant
has
the
burden
of
proving
that
the
claimant
meets
the
basic
eligibility
conditions
of
section
96.4
.
The
employer
has
the
burden
of
proving
that
the
claimant
is
disqualified
for
benefits
pursuant
to
section
96.5
,
House
File
2365,
p.
2
except
as
provided
by
this
subsection
.
The
claimant
has
the
initial
burden
to
produce
evidence
showing
that
the
claimant
is
not
disqualified
for
benefits
in
cases
involving
section
96.5,
subsections
10
and
11
,
and
has
the
burden
of
proving
that
a
voluntary
quit
pursuant
to
section
96.5,
subsection
1
,
was
for
good
cause
attributable
to
the
employer
and
that
the
claimant
is
not
disqualified
for
benefits
in
cases
involving
section
96.5,
subsection
1
,
paragraphs
“a”
through
“h”
.
Unless
the
claimant
or
other
interested
party,
after
notification
or
within
ten
calendar
days
after
notification
was
mailed
to
the
claimant’s
last
known
address
issued
,
files
an
appeal
from
the
decision,
the
decision
is
final
and
benefits
shall
be
paid
or
denied
in
accordance
with
the
decision.
If
an
administrative
law
judge
affirms
a
decision
of
the
representative,
or
the
appeal
board
affirms
a
decision
of
the
administrative
law
judge
allowing
benefits,
the
benefits
shall
be
paid
regardless
of
any
appeal
which
is
thereafter
taken,
but
if
the
decision
is
finally
reversed,
no
employer’s
account
shall
be
charged
with
benefits
so
paid
and
this
relief
from
charges
shall
apply
to
both
contributory
and
reimbursable
employers,
notwithstanding
section
96.8,
subsection
5
.
Sec.
2.
Section
96.40,
subsection
2,
paragraph
e,
Code
2020,
is
amended
to
read
as
follows:
e.
The
reduction
in
hours
and
corresponding
reduction
in
wages
must
be
applied
equally
to
all
employees
in
the
affected
unit
for
each
week
reported
.
Sec.
3.
Section
96.40,
Code
2020,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
An
employer
may
file
an
appeal
in
writing
of
a
denial
or
approval
of
a
plan
or
revocation
of
an
approved
plan
by
the
department
within
thirty
days
from
the
date
of
the
decision.
Sec.
4.
Section
96.40,
subsection
9,
paragraph
b,
Code
2020,
is
amended
to
read
as
follows:
b.
An
employer
may
provide
as
part
of
the
plan
a
training
program
the
employees
may
attend
during
the
hours
that
have
been
reduced.
Such
a
training
program
may
include
a
training
program
funded
under
the
federal
Workforce
Investment
Innovation
and
Opportunity
Act
,
of
1998
,
Pub.
L.
No.
105-220
House
File
2365,
p.
3
113-128
.
If
the
employer
is
able
to
show
that
the
training
program
will
provide
a
substantive
increase
in
the
workplace
and
employability
skills
of
the
employee
so
as
to
reduce
the
potential
for
future
periods
of
unemployment,
the
department
shall
relieve
the
employer
of
charges
for
benefits
paid
to
the
individual
attending
training
under
the
plan.
The
employee
may
attend
the
training
at
the
work
site
utilizing
internal
resources,
provided
the
training
is
outside
of
the
normal
course
of
employment,
or
in
conjunction
with
an
educational
institution.
Sec.
5.
APPLICABILITY.
The
sections
of
this
Act
amending
section
96.40
apply
to
all
voluntary
shared
work
plans
approved
by
the
department
of
workforce
development
on
or
after
the
effective
date
of
this
Act.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2365,
Eighty-eighth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor
