HF 412 (LSB 1916HH (3) 86)

HOUSE FILE 412

BY  BERRY, STAED, OURTH, STECKMAN, THEDE, HUNTER, T. TAYLOR, H. MILLER, STUTSMAN, KEARNS, ANDERSON, BEARINGER, GASKILL, KRESSIG, WINCKLER, LENSING, WOLFE, BENNETT, WESSEL-KROESCHELL, and KELLEY

A BILL FOR

An Act requiring certain employers to provide leave for school conferences and classroom activities, providing penalties, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  302.1  Definitions.

   As used in this chapter, unless the context otherwise requires:

   1.  “Child” means a biological, adopted, or foster child, or stepchild or legal ward, of an employee, who is enrolled in a school in this state.
   2.  “Employer” means a person who employs fifty or more employees in this state.
   3.  “School” means a public or nonpublic school located in this state.
    Sec. 2.  NEW SECTION.  302.2  School conference and classroom activity leave.

   An employer shall grant an employee at least eight hours of leave during any twelve-month period to attend school conferences or classroom activities relating to the employee’s child if the conference or activity cannot be scheduled outside of the employee’s scheduled work hours. The employee shall consult with the employer to schedule the leave so as not to unduly disrupt the operations of the employer.
    Sec. 3.  NEW SECTION.  302.3  Limitations on leave.
   1.  An employer is not required to grant an employee more than four hours of leave pursuant to this chapter.
   2.  An employer is not required to grant leave under this chapter if granting such leave would result in more than five percent of the employer’s work force or five percent of an employee’s work shift taking such leave at the same time.
   3.  An employer may require an employee to use accrued vacation leave or any other time off from work for which the employee is eligible, other than sick leave, before granting the employee leave pursuant to this chapter.
    Sec. 4.  NEW SECTION.  302.4  Compensation optional —— make-up time. 

   An employer is not required to pay an employee for leave taken pursuant to this chapter. An employer shall not require an employee who uses leave pursuant to this chapter to make up the time taken. An employer shall pay the rate for normal working time if an employee makes up the time taken. An employer shall make a good-faith effort to permit an employee to make up the time taken. An employer is not required to schedule make-up time in a manner that would require the payment of overtime pay.
    Sec. 5.  NEW SECTION.  302.5  Penalty.

   An employer who violates this chapter is guilty of a simple misdemeanor.
    Sec. 6.  APPLICABILITY.  This Act applies to collective bargaining agreements and employee benefit plans entered into on or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill requires an employer to grant an employee at least eight hours of leave during any 12-month period to attend school conferences or classroom activities relating to the employee’s child if the conference cannot be scheduled outside of the employee’s scheduled work hours. The employee must consult with the employer to schedule the leave so as not to unduly disrupt the operations of the employer.
   The bill defines “employer” as a person who employs 50 or more employees in Iowa. The bill defines “school” as a public or nonpublic school located in Iowa.
   The bill provides for limitations on the leave requirement, including a limitation of four hours of leave in a 24-hour period and an option for an employer to require use of other forms of leave first.
   The leave required by the bill need not be paid leave. An employer is prohibited from requiring an employee to make up the time taken for the leave. An employer must make a good-faith effort to permit an employee to make up the time taken.
   An employer who violates the bill is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.
   The bill applies to collective bargaining agreements and employee benefit plans entered into on or after the effective date of the bill.