S.F. 2337 Section 1. NEW SECTION . 91F.1 Title. 1 This chapter shall be known as the “Healthy and Safe Families 2 and Workplaces Act”. 3 Sec. 2. NEW SECTION . 91F.2 Definitions. 4 1. “Commissioner” means the labor commissioner, appointed 5 pursuant to section 91.2. 6 2. “Domestic abuse assault” means as defined in section 7 708.2A. 8 3. “Employee” means as defined in the federal Fair Labor 9 Standards Act of 1938, as amended to January 1, 2007. 10 4. “Employer” means as defined in the federal Fair Labor 11 Standards Act of 1938, as amended to January 1, 2007. 12 5. “Family member” means any of the following: 13 a. An employee’s spouse or domestic partner. 14 b. A child or foster child; stepchild; legal ward; a child 15 of a domestic partner; or a child to whom the employee stands 16 in loco parentis. 17 c. A parent or foster parent; stepparent; legal guardian; 18 or a person who stood in loco parentis to the employee when the 19 employee was a minor child. 20 d. A grandparent or spouse or domestic partner of a 21 grandparent. 22 e. A grandchild. 23 f. A sibling or foster sibling; stepsibling; or spouse or 24 domestic partner of a sibling, foster sibling, or stepsibling. 25 g. Any other individual related to the employee by blood 26 or affinity whose close association with the employee is the 27 equivalent of a familial relationship. 28 6. “Health care professional” means as defined in section 29 135.157. 30 7. “Paid sick and safe time” means time that is compensated 31 at the same hourly rate and with the same benefits, including 32 health care benefits, as the employee normally earns during 33 hours worked and is provided by an employer to an employee for 34 the purposes described in section 91F.4, but in no instance 35 -1- LSB 5393SV (2) 83 ak/nh 1/ 15

S.F. 2337 shall the hourly wage be less than that provided in section 1 91D.1. 2 8. “Retaliatory personnel action” means the discharge, 3 suspension, or demotion of, or any other adverse action taken 4 by an employer against, an employee. 5 9. “Sexual abuse” means as defined in section 709.1. 6 10. “Stalking” means as defined in section 708.11. 7 Sec. 3. NEW SECTION . 91F.3 Accrual —— paid sick and safe 8 time. 9 1. An employee who works for compensation for an employer 10 shall have the right to accrue and use paid sick and safe time 11 as provided in this chapter if the employee meets one of the 12 following criteria: 13 a. The employee works for one thousand forty hours or more 14 in a year. 15 b. The employee works for twenty hours or more in a week. 16 2. a. An employee shall accrue a minimum of five and 17 fifty-four hundredths hours of paid sick and safe time for 18 every forty hours worked. 19 b. An employee shall not accrue more than one hundred 20 forty-four hours of paid sick and safe time in a calendar year, 21 unless the employer selects a higher limit. 22 3. Employees who are exempt from overtime requirements 23 under 29 U.S.C. § 213(a)(1) of the federal Fair Labor Standards 24 Act of 1938 are deemed to work forty hours in each work week for 25 purposes of paid sick and safe time accrual unless their normal 26 work week is less than forty hours, in which case paid sick and 27 safe time accrues based upon that normal work week. 28 4. Paid sick and safe time as provided in this section shall 29 begin to accrue upon the commencement of employment for new 30 employees and for existing employees beginning July 1, 2010. 31 5. a. A new employee may use accrued paid sick and 32 safe time beginning on the sixtieth calendar day following 33 commencement of the employee’s employment. On and after the 34 sixtieth calendar day of employment, an employee may use 35 -2- LSB 5393SV (2) 83 ak/nh 2/ 15

S.F. 2337 accrued paid sick and safe time and accruing paid sick and safe 1 time as it accrues. 2 b. Existing employees may use paid sick and safe time as it 3 accrues pursuant to this chapter. 4 6. Accrued paid sick and safe time shall be carried over to 5 the following calendar year subject to the limit described in 6 subsection 2, paragraph “b” . 7 7. An employer with a paid leave policy who makes available 8 an amount of paid leave sufficient to meet the accrual 9 requirements of this section that may be used for the same 10 purposes and under the same conditions as paid sick and safe 11 time under this chapter is not required to provide additional 12 paid sick and safe time. 13 8. Nothing in this section shall be construed as requiring 14 financial or other reimbursement to an employee from an 15 employer upon the employee’s termination, resignation, 16 retirement, or other separation from employment for accrued 17 paid sick and safe time that has not been used. 18 9. a. If an employee is transferred to a separate division, 19 entity, or location, but remains employed by the same employer, 20 the employee is entitled to all paid sick and safe time 21 previously accrued; is entitled to immediately use all accrued 22 paid sick and safe time as provided in this chapter; and shall 23 continue to accrue paid sick and safe time at the same rate or 24 higher as before the transfer. 25 b. When there is a separation from employment and the 26 employee is rehired within three months of the separation 27 by the same employer, previously accrued paid sick and safe 28 time that had not been used prior to the separation shall be 29 reinstated. The employee may use such accrued paid sick and 30 safe time immediately upon rehire, and paid sick and safe time 31 shall begin to accrue immediately upon rehire. 32 10. At the employer’s discretion, the employer may advance 33 paid sick and safe time to an employee ahead of accrual of such 34 time by the employee. 35 -3- LSB 5393SV (2) 83 ak/nh 3/ 15

S.F. 2337 Sec. 4. NEW SECTION . 91F.4 Use —— paid sick and safe time. 1 1. Paid sick and safe time shall be provided to an employee 2 by an employer for the following purposes: 3 a. An employee’s mental or physical illness, injury, or 4 health condition; an employee’s need for medical diagnosis, 5 care, or treatment of a mental or physical illness, injury, or 6 health condition; an employee’s need for preventive medical 7 care. 8 b. An employee’s need to care for a family member with a 9 mental or physical illness, injury, or health condition; an 10 employee’s need to care for a family member who needs medical 11 diagnosis, care, or treatment of a mental or physical illness, 12 injury, or health condition; an employee’s need to care for a 13 family member who needs preventive medical care. 14 c. (1) Closure of the employee’s place of work by order of 15 a public official due to a public health emergency. 16 (2) An employee’s need to care for a family member whose 17 school or place of care has been closed by order of a public 18 official due to a public health emergency. 19 (3) An employee’s need to care for a family member when 20 public health authorities or a health care professional has 21 determined that the family member’s presence in the community 22 jeopardizes the health of others because of the family member’s 23 exposure to communicable disease, whether or not the family 24 member has actually contracted the communicable disease. 25 d. An employee’s need to be absent from work due to domestic 26 abuse assault, sexual abuse, or stalking, provided the leave 27 from work is to do one or more of the following: 28 (1) Seek medical attention for the employee or family member 29 to recover from physical or psychological injury or disability 30 caused by domestic abuse assault or sexual abuse. 31 (2) Obtain services from a victim services organization. 32 (3) Obtain psychological or other counseling. 33 (4) Seek relocation due to the domestic abuse assault, 34 sexual abuse, or stalking. 35 -4- LSB 5393SV (2) 83 ak/nh 4/ 15

S.F. 2337 (5) Take legal action, including preparing for or 1 participating in any civil or criminal legal proceeding related 2 to or resulting from the domestic abuse assault, sexual abuse, 3 or stalking. 4 2. Paid sick and safe time shall be allowed upon the oral 5 request of an employee. When possible, the employee shall 6 include the expected duration of the employee’s absence. 7 3. When the use of paid sick and safe time is foreseeable, 8 the employee shall make a good faith effort to provide notice 9 of the need for such time to the employer in advance of the use 10 of the paid sick and safe time, and the employee shall make a 11 reasonable effort to schedule the use of paid sick and safe 12 time in a manner that does not unduly disrupt the operations of 13 the employer. 14 4. Accrued paid sick and safe time may be used in the 15 smaller of hourly increments or the smallest increment that the 16 employer’s payroll system uses to account for absences or use 17 of other time. 18 5. a. For paid sick and safe time for more than three 19 consecutive days, an employer may require reasonable 20 documentation that the paid sick and safe time is for the 21 purposes described in subsection 1. 22 (1) Documentation signed by a health care professional 23 indicating that sick time is necessary shall be considered 24 reasonable documentation. 25 (2) A police report indicating that the employee was a 26 victim of domestic abuse assault, sexual abuse, or stalking; a 27 court order; or a signed statement from a victim and witness 28 advocate affirming that the employee is involved in legal 29 action related to domestic abuse assault, sexual abuse, or 30 stalking shall be considered reasonable documentation. 31 b. An employer may not require that the documentation 32 explain the nature of the medical reason or the details of the 33 domestic abuse, sexual abuse, or stalking. 34 c. (1) If an employer chooses to require documentation 35 -5- LSB 5393SV (2) 83 ak/nh 5/ 15

S.F. 2337 for use of paid sick time and the employee does not have 1 health insurance, the employer is responsible for paying all 2 out-of-pocket expenses the employee incurs in obtaining the 3 documentation. 4 (2) If the employee does have health insurance, the 5 employer is responsible for paying any costs charged to the 6 employee by the health care provider for providing the specific 7 documentation required by the employer. 8 6. An employer shall not require as a condition of allowing 9 paid sick and safe time under this chapter that the employee 10 search for or find a replacement worker to cover the hours 11 during which the employee will be using paid sick and safe 12 time. 13 Sec. 5. NEW SECTION . 91F.5 Exercise of rights —— 14 retaliation prohibited. 15 1. An employer or any other person shall not interfere with, 16 restrain, or deny the exercise of, or the attempt to exercise, 17 any right protected under this chapter. 18 2. An employer shall not take retaliatory personnel action 19 or discriminate against an employee because the employee has 20 exercised rights protected under this chapter. Such rights 21 include but are not limited to the following: 22 a. The right to use paid sick and safe time pursuant to this 23 chapter. 24 b. The right to file a complaint or inform any person about 25 any employer’s alleged violation of this chapter. 26 c. The right to cooperate with the commissioner in any 27 investigation of alleged violations of this chapter. 28 d. The right to inform any person of the person’s potential 29 rights under this chapter. 30 3. An employer’s absence control policy shall not count paid 31 sick and safe time taken pursuant to this chapter as an absence 32 that may lead to or result in discipline, discharge, demotion, 33 suspension, or any other adverse action. 34 4. The protections of this section shall apply to any person 35 -6- LSB 5393SV (2) 83 ak/nh 6/ 15

S.F. 2337 who mistakenly but in good faith alleges violations of this 1 section. 2 5. There is a rebuttable presumption of retaliation under 3 this section whenever an employer takes adverse action against 4 an employee within ninety days of when that employee has done 5 any of the following: 6 a. Filed a complaint with the commissioner or a court 7 alleging a violation of any provision of this chapter. 8 b. Informed any person about an employer’s alleged violation 9 of this chapter. 10 c. Cooperated with the commissioner or others in an 11 investigation or prosecution of any alleged violation of this 12 chapter. 13 d. Opposed any policy, practice, or act that is unlawful 14 under this chapter. 15 e. Informed any person of the person’s potential rights 16 under this chapter. 17 Sec. 6. NEW SECTION . 91F.6 Notice and posting. 18 1. An employer shall give notice to employees of the 19 following: 20 a. Employees are entitled to paid sick and safe time. 21 b. The accrual amounts of paid sick and safe time. 22 c. The terms of use of paid sick and safe time guaranteed 23 under this chapter. 24 d. The prohibition against retaliation against employees who 25 request or use paid sick and safe time. 26 e. Each employee has the right to file a complaint or 27 bring a civil action if paid sick and safe time as required 28 by this chapter is denied by the employer, or the employee is 29 retaliated against for requesting or taking paid sick and safe 30 time. 31 2. a. An employer may comply with this section by supplying 32 each employee with a notice in English, and in any language 33 that is the first language spoken by at least five percent 34 of the employer’s workforce, that contains the information 35 -7- LSB 5393SV (2) 83 ak/nh 7/ 15

S.F. 2337 described in subsection 1. 1 b. (1) An employer may comply with this section by 2 displaying a poster in a conspicuous and accessible place in 3 each establishment where such employees are employed which 4 contains in English, and in any language that is the first 5 language spoken by at least five percent of the employer’s 6 workforce, all the information required in subsection 1. 7 (2) The commissioner shall create and make available to 8 employers posters that contain the information required in 9 subsection 1 in English and in any language that the employer 10 informs the commissioner that more than five percent of the 11 employer’s workforce speaks as a first language. 12 3. An employer who willfully violates the notice and posting 13 requirements of this section shall be subject to a civil 14 fine in an amount not to exceed one hundred dollars for each 15 separate offense. 16 Sec. 7. NEW SECTION . 91F.7 Damages recoverable by an 17 employee. 18 In an action by an employee against the employee’s employer 19 or former employer for an alleged violation of this chapter, 20 when it has been shown that the employer has intentionally 21 failed to provide paid sick and safe time to the employee 22 in violation of this chapter or failed to allow the employee 23 to use accrued paid sick and safe time as provided by this 24 chapter, the employer shall be liable to the employee for 25 the monetary value of the owed paid sick and safe time, plus 26 liquidated damages for failure to allow the employee to use 27 accrued paid sick and safe time, court costs, and any attorney 28 fees incurred in the civil action. 29 Sec. 8. NEW SECTION . 91F.8 Employer records. 30 1. An employer shall retain records documenting hours 31 worked by employees and paid sick and safe time taken by 32 employees, for a period of five years. 33 2. An employer shall allow the commissioner access to such 34 records, with notice and at a mutually agreeable time, to 35 -8- LSB 5393SV (2) 83 ak/nh 8/ 15

S.F. 2337 monitor compliance with the requirements of this chapter. 1 3. If an issue arises as to an employee’s entitlement to 2 paid sick and safe time under this chapter and the employer 3 does not maintain or retain adequate records according to this 4 section or does not allow the commissioner access to such 5 records, the commissioner or other investigating authority 6 shall presume that the employer has violated this chapter, 7 absent clear and convincing evidence otherwise. 8 Sec. 9. NEW SECTION . 91F.9 Enforcement. 9 1. Upon the written complaint of the employee involved, 10 the commissioner may determine whether to investigate if an 11 employer has violated any provision of this chapter. The 12 commissioner shall keep confidential, to the extent permitted 13 by applicable law, the name of and other indentifying 14 information about the employee reporting the alleged violation. 15 However, the commissioner, with the authorization of the 16 complaining employee, may disclose the employee’s name and 17 other information as necessary to enforce this chapter or for 18 other appropriate purposes. 19 2. If for any reason the commissioner makes a determination 20 not to investigate, the commissioner shall notify the 21 complaining employee within fourteen days of receipt of 22 the complaint. The commissioner shall otherwise notify 23 the employee of the determination to investigate within 24 a reasonable time. If it is determined that there is an 25 enforceable claim, the commissioner, with the consent of the 26 complaining employee and with the assistance of the office 27 of the attorney general if the commissioner requests such 28 assistance, shall, unless a settlement is reached, commence 29 a civil action in any court of competent jurisdiction to 30 recover for the benefit of any employee any paid sick and safe 31 time claims that have been assigned to the commissioner for 32 recovery. The commissioner may also request reasonable and 33 necessary attorney fees. With the consent of the assigning 34 employee, the commissioner may also settle a claim on behalf of 35 -9- LSB 5393SV (2) 83 ak/nh 9/ 15

S.F. 2337 the assigning employee. 1 3. Proceedings under this section that precede commencement 2 of a civil action shall be conducted informally without any 3 party having a right to be heard before the commissioner. The 4 commissioner may join various assignments in one claim for the 5 purpose of settling or litigating their claims. 6 4. The provisions of subsections 1 and 2 shall not be 7 construed to prevent an employee from settling or bringing an 8 action for damages under section 91F.7 if the employee has not 9 assigned the claim under subsection 1. 10 5. Any recovery of attorney fees, in the case of actions 11 brought under this section by the commissioner, shall be 12 remitted by the commissioner to the treasurer of state for 13 deposit in the general fund of the state. The commissioner 14 shall not be required to pay any filing fee or other court 15 costs. 16 Sec. 10. NEW SECTION . 91F.10 Confidentiality and 17 nondisclosure. 18 1. An employer may not require disclosure of details 19 relating to domestic abuse assault, sexual abuse, or stalking, 20 or the details of an employee’s medical condition or that of 21 a family member as a condition of allowing paid sick and safe 22 time under this chapter. 23 2. If an employer possesses health information or 24 information pertaining to domestic abuse assault, sexual abuse, 25 or stalking about an employee or an employee’s family member, 26 such information shall be treated as confidential and not 27 disclosed except to the affected employee or with the written 28 permission of the affected employee. 29 Sec. 11. NEW SECTION . 91F.11 Other sick and safe time 30 policies —— legal requirements. 31 1. Nothing in this chapter shall be construed to discourage 32 or prohibit an employer from the adoption or retention of a 33 paid sick and safe time policy that is more generous than that 34 provided in this chapter. 35 -10- LSB 5393SV (2) 83 ak/nh 10/ 15

S.F. 2337 2. Nothing in this chapter shall be construed as diminishing 1 the obligation of an employer to comply with any contract, 2 collective bargaining agreement, employment benefit plan, or 3 other agreement that provides more generous paid sick and safe 4 time to an employee than required in this chapter. 5 3. Nothing in this chapter shall be construed as diminishing 6 the rights of public employees regarding paid sick and safe 7 time or the use of paid sick and safe time as provided by state 8 law. 9 4. This chapter provides minimum requirements pertaining to 10 paid sick and safe time and shall not be construed to preempt, 11 limit, or otherwise affect the applicability of any other law, 12 regulation, requirement, policy, or standard that provides for 13 greater accrual or use by employees of sick and safe time, 14 whether paid or unpaid, or that extends other protections to 15 employees. 16 Sec. 12. Section 91.4, subsection 5, Code 2009, is amended 17 to read as follows: 18 5. The director of the department of workforce development, 19 in consultation with the labor commissioner, shall, at the time 20 provided by law, make an annual report to the governor setting 21 forth in appropriate form the business and expense of the 22 division of labor services for the preceding year, the number 23 of disputes or violations processed by the division and the 24 disposition of the disputes or violations, and other matters 25 pertaining to the division which are of public interest, 26 together with recommendations for change or amendment of the 27 laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B, 28 90A, 91A, 91C, 91D, 91E, 91F, 92, and 94A, and section 85.68, 29 and the recommendations, if any, shall be transmitted by the 30 governor to the first general assembly in session after the 31 report is filed. 32 Sec. 13. APPLICABILITY. Notwithstanding section 14 of 33 this Act relating to applicability of this Act on or after 34 the effective date of this Act, this Act does not apply to 35 -11- LSB 5393SV (2) 83 ak/nh 11/ 15

S.F. 2337 employees under a contract or collective bargaining agreement 1 that was in effect on or before the effective date of this Act. 2 Sec. 14. APPLICABILITY. This Act applies to all existing 3 employees on and after the effective date of this Act and to 4 all new employees hired on or after that date. 5 EXPLANATION 6 This bill, entitled the “Healthy and Safe Families and 7 Workplace Act”, provides minimum paid sick and safe time for 8 all employees working part-time and full-time in the state. 9 The bill defines several terms including “family member” and 10 “paid sick and safe time”. 11 The bill provides that all employees who work 1,040 or more 12 hours a year, or 20 or more hours a week, shall have the right 13 to accrue and use paid sick and safe time. The formula for 14 accruing paid sick and safe time is contained in the bill, and 15 there are limits for the amount of paid sick and safe time an 16 employee may accrue per year, unless the employer sets a higher 17 limit. 18 The formula for accruing paid sick and safe time and the 19 limitations and exceptions are provided in new Code section 20 91F.3. Paid sick and safe time shall begin to accrue for new 21 employees on the first day of work and for existing employees 22 on July 1, 2010. New employees may use accrued paid sick 23 and safe time starting the 60th day of employment; existing 24 employees may use paid sick and safe time as it accrues. Paid 25 sick and safe time shall carry over each year, but an employee 26 may not use more than 144 hours of paid sick and safe time per 27 year. 28 An employer who provides a paid leave policy that meets the 29 minimum accrual requirements and the same minimum uses and 30 conditions is deemed to be in compliance with the bill. The 31 bill does not require employees to be reimbursed for unused 32 paid sick and safe time upon separation from employment. 33 However, if an employee is moved or transferred within the 34 company, the employee shall retain all accrued paid sick and 35 -12- LSB 5393SV (2) 83 ak/nh 12/ 15

S.F. 2337 safe time and may use such time immediately. If there is 1 an employment separation, but an employee is rehired within 2 three months, all accrued paid sick and safe time shall be 3 reinstated upon rehire and be available for immediate use. An 4 employer has the discretion to advance sick and safe time to 5 an employee. 6 The bill provides specific reasons for which employees may 7 use the paid sick and safe time in new Code section 91F.4. 8 An employee shall give reasonable notice to an employer 9 when use of paid sick and safe time is foreseeable. When an 10 employee uses more than three consecutive days of paid sick and 11 safe time, an employer may require reasonable documentation 12 that the time used is covered by the reasons the time may 13 be taken as provided in the bill. An employer who requests 14 documentation for use of paid sick time by an employee without 15 health insurance is responsible for paying all expenses related 16 to acquiring the documentation; for an employee with health 17 insurance, the employer is responsible for paying any costs 18 charged to the employee to receive the documentation. An 19 employer shall not require an employee to find a replacement 20 worker in order to use paid sick and safe time. 21 An employee’s rights under the bill, including the right to 22 use paid sick and safe time and to file a complaint against 23 an employer, and the prohibitions against an employer’s 24 retaliating against an employee exercising those rights are 25 explained in new Code section 91F.5. 26 Employers are required to give employees notice of their 27 rights to paid sick and safe time as described in new Code 28 section 91F.6, either by supplying each employee with a notice 29 or by posting such notice in an accessible and obvious place 30 where employees work. The notices for either method must 31 be in English and in any other language that at least five 32 percent of the employer’s workforce speaks as a first language. 33 The commissioner shall create and make available the posters 34 for the employers. Violations of the notice and posting 35 -13- LSB 5393SV (2) 83 ak/nh 13/ 15

S.F. 2337 requirements may result in a civil fine of not more than $100 1 for each offense. 2 An employee may recover the monetary value of owed paid sick 3 and safe time plus liquidated damages for the wrongful denial 4 of use of accrued paid sick and safe time if an employer is 5 shown to have intentionally violated the bill pursuant to new 6 Code section 91F.7. 7 An employer must retain records documenting hours worked 8 by each employee and the amount of paid sick and safe time 9 taken by the employees for five years. The commissioner 10 shall have reasonable access to these records. If a question 11 arises about an employee’s right to paid sick and safe time 12 and an employer does not have adequate records or does not 13 allow the commissioner to examine the employer’s records, the 14 commissioner shall presume that the employer has violated the 15 bill. 16 Pursuant to new Code section 91F.9, an employee may submit 17 a written complaint to the commissioner, who will determine 18 whether to investigate the claim that an employer has violated 19 any provision of new Code chapter 91F. If the commissioner 20 decides to investigate, the commissioner shall commence a civil 21 action against the employer. 22 An employer may not require an employee to disclose details 23 relating to domestic abuse assault, sexual abuse, stalking, or 24 a medical condition as a condition of using paid sick and safe 25 time. An employer who has such information shall treat the 26 information as confidential and not disclose it without written 27 consent of the affected employee, according to new Code section 28 91F.10. 29 In new Code section 91F.11, the following considerations 30 are addressed: the Code chapter does not prohibit an employer 31 from providing a more generous paid sick and safe time policy; 32 it does not diminish an employer’s previous contractual 33 obligations for more generous paid sick and safe time; and it 34 does not diminish public employees’ rights to paid sick and 35 -14- LSB 5393SV (2) 83 ak/nh 14/ 15