Bill Text: IA SF561 | 2019-2020 | 88th General Assembly | Amended
Bill Title: A bill for an act concerning disqualification from eligibility for unemployment benefits due to discharge for misconduct. (Formerly SSB 1088.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2019-04-27 - Rereferred to Commerce. H.J. 1077. [SF561 Detail]
Download: Iowa-2019-SF561-Amended.html
Senate
File
561
-
Reprinted
SENATE
FILE
561
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
1088)
(As
Amended
and
Passed
by
the
Senate
March
20,
2019
)
A
BILL
FOR
An
Act
concerning
disqualification
from
eligibility
for
1
unemployment
benefits
due
to
discharge
for
misconduct.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
SF
561
(3)
88
je/rn/mb
S.F.
561
Section
1.
Section
96.5,
subsection
2,
Code
2019,
is
amended
1
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
d.
For
purposes
of
this
subsection,
3
“misconduct”
means
a
deliberate
act
or
omission
by
an
4
employee
that
constitutes
a
material
breach
of
the
duties
5
and
obligations
arising
out
of
the
employee’s
contract
of
6
employment.
“Misconduct”
is
limited
to
conduct
evincing
such
7
willful
or
wanton
disregard
of
an
employer’s
interest
as
8
is
found
in
deliberate
violation
or
disregard
of
standards
9
of
behavior
which
the
employer
has
the
right
to
expect
of
10
employees,
or
in
carelessness
or
negligence
of
such
degree
of
11
recurrence
as
to
manifest
equal
culpability,
wrongful
intent
12
or
evil
design,
or
to
show
an
intentional
and
substantial
13
disregard
of
the
employer’s
interests
or
of
the
employee’s
14
duties
and
obligations
to
the
employer.
“Misconduct”
includes
15
but
is
not
limited
to
all
of
the
following:
16
(1)
Falsification
by
the
individual
of
an
employment
17
application
to
obtain
employment.
18
(2)
Knowing
violation
by
the
individual
of
a
reasonable
and
19
uniformly
enforced
rule
of
an
employer.
20
(3)
Damage
of
the
employer’s
property
through
intentional
21
conduct
by
the
individual.
22
(4)
Dishonesty
with
the
employer
by
the
individual
in
23
relation
to
the
individual’s
employment.
24
(5)
Consumption
by
the
individual
of
alcohol,
illegal
or
25
nonprescribed
prescription
drugs,
or
an
impairing
substance
26
in
an
off-label
manner,
or
a
combination
of
such
substances,
27
on
the
employer’s
premises
in
violation
of
the
employer’s
28
employment
policies.
29
(6)
Reporting
to
work
under
the
influence
of
alcohol,
30
illegal
or
nonprescribed
prescription
drugs,
or
an
impairing
31
substance
used
in
an
off-label
manner,
or
a
combination
of
such
32
substances,
in
violation
of
the
employer’s
employment
policies,
33
unless
the
individual
is
compelled
to
report
to
work
by
the
34
employer
outside
of
scheduled
or
on-call
working
hours.
35
-1-
SF
561
(3)
88
je/rn/mb
1/
2
S.F.
561
(7)
Conduct
by
the
individual
that
endangers
the
personal
1
safety
of
the
individual,
coworkers,
or
the
general
public.
2
(8)
Incarceration
of
the
individual
that
results
in
missing
3
work
for
an
act
for
which
one
could
reasonably
expect
to
be
4
incarcerated.
5
(9)
Incarceration
of
the
individual
following
conviction
of
6
a
misdemeanor
or
felony
by
a
court
of
competent
jurisdiction.
7
(10)
Excessive
unexcused
tardiness
or
absenteeism.
8
(11)
Falsification
by
the
individual
of
any
work-related
9
report,
task,
or
job
that
could
expose
the
employer
or
10
coworkers
to
legal
liability
or
sanction
for
violation
of
11
health
or
safety
laws.
12
(12)
Failure
by
the
individual
to
maintain
any
license,
13
registration,
or
certification
that
is
reasonably
required
by
14
the
employer,
that
is
required
by
law,
or
that
is
a
functional
15
requirement
to
perform
the
individual’s
regular
job
duties,
16
unless
the
failure
is
not
within
the
control
of
the
individual.
17
(13)
Conduct
by
the
individual
that
is
libelous
or
18
slanderous
toward
the
employer
or
an
employee
of
the
employer
19
if
such
conduct
is
not
protected
under
state
or
federal
law.
20
(14)
Conduct
by
the
individual
creating
or
attempting
to
21
create
dissention
or
animus
against
the
employer
or
a
coworker
22
if
such
conduct
is
not
protected
under
state
or
federal
law.
23
(15)
Theft
of
funds
or
property
of
the
employer
or
a
24
coworker
by
the
individual.
25
(16)
Misrepresentation
by
the
individual
of
time
worked
26
or
work
carried
out
that
results
in
the
individual
receiving
27
unearned
wages
or
unearned
benefits.
28
-2-
SF
561
(3)
88
je/rn/mb
2/
2
