House File 439 - Introduced
HOUSE FILE 439
BY KNIFF MCCULLA
A BILL FOR
1 An Act pertaining to waiver or alteration of work search
2 requirements for unemployment benefits due to a short-term
3 temporary layoff.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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H.F. 439
1 Section 1. Section 96.4, subsection 3, paragraph b, Code
2 2023, is amended to read as follows:
3 b. Notwithstanding any provision of this chapter to the
4 contrary, the department may establish by rule a process to
5 waive or alter the work search requirements of this subsection
6 for a claim for benefits if an individual has a reasonable
7 expectation that the individual will be returning to employment
8 and is attached to a regular job or industry or a member in
9 good standing of a union therein eligible for referral for
10 employment. To be considered attached to a regular job or
11 industry, an individual must be on a short-term temporary
12 layoff. If work is not available at the conclusion of the
13 layoff period due to short-term circumstances beyond the
14 employer’s control, the employer may request an extension
15 of the waiver or alteration for up to two weeks from the
16 department. For purposes of this paragraph, “short-term
17 temporary layoff” means a layoff period of sixteen weeks or
18 less due to seasonal weather conditions that impact the ability
19 to perform work related to highway construction, repair, or
20 maintenance the following with a specific return-to-work date
21 verified by the employer.:
22 (1) Highway construction, repair, or maintenance.
23 (2) Underground utility construction where specialized
24 training provided by the employer is necessary to safely
25 perform such work.
26 EXPLANATION
27 The inclusion of this explanation does not constitute agreement with
28 the explanation’s substance by the members of the general assembly.
29 Under current law, the department of workforce development
30 may establish by rule a process to waive or alter the work
31 search requirements for a claim for unemployment benefits if
32 an individual has a reasonable expectation that the individual
33 will be returning to employment and is attached to a regular
34 job or industry or a member in good standing of a union therein
35 eligible for referral for employment. To be considered
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H.F. 439
1 attached to a regular job or industry, an individual must be on
2 a short-term temporary layoff, defined as a layoff period of 16
3 weeks or less, with a specific return-to-work date verified by
4 the employer, due to seasonal weather conditions that impact
5 the ability of the individual to perform work related to
6 highway construction, repair, or maintenance.
7 This bill modifies the definition of short-term temporary
8 layoff by adding, as a form of work impacted by seasonal
9 weather conditions that satisfies the definition, underground
10 utility construction where specialized training provided by the
11 employer is necessary to safely perform such work.
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Statutes affected:
Introduced: 96.4