Erroneous payments and disqualification for benefits.

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[Editor's note: This section is effective upon proclamation of the governor for the votes cast November 3, 2020.] (1) A covered individual is disqualified from family and medical leave insurance benefits for one year if the individual is determined by the director to have willfully made a false statement or misrepresentation regarding a material fact, or willfully failed to report a material fact, to obtain benefits under this part 5.

(2) If family and medical leave insurance benefits are paid erroneously or as a result of willful misrepresentation, or if a claim for family and medical leave insurance benefits is rejected after benefits are paid, the division may seek repayment of benefits from the recipient. The director shall exercise his or her discretion to waive, in whole or in part, the amount of any such payments where the recovery would be against equity and good conscience.

Source: Initiated 2020: Entire part added, Proposition 118, effective upon proclamation of the Governor.

Editor's note: This section was originally numbered as 18-13.3-413 in Proposition 118 but was renumbered on revision for ease of location.


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