Current through Register Vol. 46, No. 19, March 20, 2024
(1) Employer notice specified
vacation or holiday pay only. The Form 65-5317, Notice of Claim, the
Form 62-2048, Request for Federal Wage and Separation Information,
and the Form 62-2049, Request for Wage and Separation Information on
Federal Employment Additional Claim, which are returned by the
employer for the purpose of notification of vacation pay, shall be
used as notification to the department that vacation pay is
applicable. The Forms 65-5317, 62-2048, and 62-2049 received in the
administrative office shall be routed to the appropriate office for
the following action:
a. Upon
receipt of the vacation information, the unemployment insurance
representative shall compare the amount of vacation reported by the
employer with the computer record. If the computer record shows any
discrepancies with the vacation information provided by the employer
that would affect the claimant's eligibility for unemployment
insurance benefits for any week claimed, the claimant shall be
afforded the opportunity to present facts and evidence, which may
include an informational fact-finding interview scheduled by the
department. The unemployment insurance representative may afford the
employer the opportunity to present additional facts and evidence
after ascertaining such from the claimant. If the employer is
afforded such an opportunity to provide additional facts and
evidence, the unemployment insurance representative shall also afford
the claimant the opportunity to present additional facts and
evidence.
b. After
affording the claimant an opportunity to present facts and evidence
regarding the receipt of vacation pay, and potentially affording the
employer and the claimant an opportunity to provide additional facts
and evidence, the representative shall consider all information
submitted by the interested parties and issue to the employer and the
claimant the appropriate decision concerning the vacation pay. The
unemployment insurance representative shall then check the current
status of the claim on the computer record to ascertain if any weeks
have been reported.
c. If
the computer record shows that the claimant has not reported or
claimed for some or all of the weeks indicated for the vacation
period, the unemployment insurance representative shall take no
further action on the weeks not claimed.
d. The claimant shall be instructed
to only report vacation pay applicable to the five workdays following
the last date worked. The claimant shall also be instructed that
vacation pay designated by the employer in excess of the vacation pay
the claimant reported may result in an overpayment of
benefits.
(2)
Reserved.
This rule is intended to implement Iowa Code section
96.5(7).
