Senate
File
2133
-
Introduced
SENATE
FILE
2133
BY
BOULTON
A
BILL
FOR
An
Act
relating
to
a
family
leave
and
medical
leave
insurance
1
program
that
provides
for
paid,
job-protected
leave
for
2
certain
family
leave
and
medical
leave
reasons
for
eligible
3
employees
of
specified
employers.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
96A.1
Short
title.
1
This
section
may
be
cited
as
the
“Iowa
Family
and
Medical
2
Leave
Act”
.
3
Sec.
2.
NEW
SECTION
.
96A.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Child”
means
a
biological,
adopted,
or
foster
child,
7
a
stepchild,
a
legal
ward,
or
a
child
of
a
person
standing
in
8
loco
parentis,
regardless
of
the
child’s
age
or
dependency
9
status.
10
2.
“Covered
employer”
means
a
private
sector
employer
who
11
has
ten
or
more
employees
for
each
working
day
during
each
of
12
twenty
or
more
calendar
workweeks
in
the
current
or
previous
13
calendar
year
and
a
public
employer
without
regard
to
the
14
number
of
employees
employed.
15
3.
“Department”
means
the
department
of
workforce
16
development.
17
4.
“Director”
means
the
director
of
the
department
of
18
workforce
development.
19
5.
“Employee”
means
the
same
as
defined
in
section
91A.2.
20
“Employee”
does
not
include
an
independent
contractor,
a
self-
21
employed
person,
or
a
patient
or
inmate
employed
by
a
state
22
or
local
institution
to
which
the
patient
or
inmate
has
been
23
sentenced
or
committed.
24
6.
“Employer”
means
the
same
as
defined
in
91A.2.
25
“Employer”
includes
a
temporary
staffing
agency
or
employment
26
agency.
27
7.
“Employment
benefits”
means
all
benefits
provided
or
28
made
available
to
an
employee
by
an
employer,
including
group
29
life
insurance,
health
insurance,
disability
insurance,
sick
30
leave,
annual
leave,
educational
benefits,
and
pensions
except
31
benefits
that
are
provided
by
a
practice
or
written
policy
of
32
an
employer
or
through
an
employee
benefit
plan
as
defined
in
33
29
U.S.C.
§1002(3).
34
8.
“Family
leave”
means
a
leave
taken
from
work
by
an
35
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employee
for
any
of
the
following
reasons:
1
a.
To
participate
in
providing
care,
including
physical
or
2
psychological
care,
for
a
family
member
of
the
employee
made
3
necessary
by
a
serious
health
condition
of
the
family
member.
4
b.
To
bond
with
the
employee’s
child
after
the
child’s
5
birth
or
with
a
child
under
the
age
of
eighteen
placed
with
the
6
employee
for
adoption
or
foster
care.
7
c.
Because
of
a
qualifying
exigency
for
a
family
member
as
8
permitted
under
the
federal
Family
and
Medical
Leave
Act
of
9
1993,
as
amended,
and
federal
regulations
as
provided
in
29
10
C.F.R.
§825.126.
11
9.
“Family
member”
means
a
child,
parent,
or
spouse
of
an
12
employee.
13
10.
“Gross
earnings”
means
the
same
as
defined
in
section
14
85.61.
15
11.
“Health
care
provider”
means
a
physician
or
other
16
health
care
practitioner
licensed,
accredited,
registered,
or
17
certified
to
perform
specified
health
care
services
consistent
18
with
state
law.
19
12.
“In
loco
parentis”
means
an
individual
who
has
20
day-to-day
responsibilities
to
care
for
or
financially
support
21
a
child.
22
13.
“Inpatient
care”
means
an
overnight
stay
in
a
hospital,
23
hospice,
or
residential
medical
care
facility,
including
any
24
period
of
incapacity,
or
any
subsequent
treatment
in
connection
25
with
such
inpatient
care.
26
14.
“Medical
leave”
means
a
leave
from
work
taken
by
an
27
employee
made
necessary
by
the
employee’s
own
serious
health
28
condition.
29
15.
“Parent”
means
a
biological,
adoptive,
step,
or
foster
30
father
or
mother,
or
any
other
individual
who
stands
in
31
loco
parentis
to
an
employee
or
who
stood
in
loco
parentis
32
when
the
employee
was
a
child.
“Parent”
does
not
include
a
33
parent-in-law.
34
16.
“Period
of
incapacity”
means
an
inability
to
work,
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attend
school,
or
perform
other
regular
daily
activities
due
1
to
a
serious
health
condition,
treatment
of
a
serious
health
2
condition,
or
recovery
from
a
serious
health
condition.
3
17.
“Premium”
or
“premiums”
means
the
payments
required
by
4
section
96A.12
and
paid
to
the
department
for
deposit
in
the
5
family
and
medical
leave
insurance
account
pursuant
to
section
6
96A.22.
7
18.
“Public
employer”
means
the
state
of
Iowa,
its
8
boards,
commissions,
agencies,
departments,
and
its
political
9
subdivisions
including
school
districts
and
other
special
10
purpose
districts.
11
19.
“Serious
health
condition”
means
an
illness,
injury,
12
impairment,
physical
condition,
or
mental
condition
that
13
involves
inpatient
care
in
a
hospital,
hospice,
medical
care
14
facility,
or
continued
treatment
or
continuing
supervision
by
15
a
health
care
provider.
16
20.
“Spendable
weekly
earnings”
means
the
amount
remaining
17
after
payroll
taxes
are
deducted
from
an
employee’s
gross
18
weekly
earnings.
19
21.
“Spouse”
means
the
other
person
with
whom
an
individual
20
has
entered
into
marriage
as
defined
or
recognized
under
state
21
law
for
purposes
of
marriage
in
the
state
in
which
the
marriage
22
was
entered
into
or,
in
the
case
of
a
marriage
entered
into
23
outside
of
any
state,
if
the
marriage
is
valid
in
the
place
24
where
the
marriage
was
entered
into
and
the
marriage
could
have
25
been
entered
into
in
at
least
one
state,
including
a
same
sex
26
or
common
law
marriage.
27
22.
“Wages”
means
the
same
as
defined
in
section
91A.2.
28
Sec.
3.
NEW
SECTION
.
96A.3
Benefit
eligibility.
29
An
employee
is
eligible
for
family
leave
and
medical
leave
30
as
provided
in
this
chapter
after
working
for
a
covered
31
employer
for
both
a
minimum
of
twelve
consecutive
months
32
immediately
preceding
the
employee’s
request
for
leave
and
a
33
minimum
of
one
thousand
two
hundred
fifty
hours
during
that
34
twelve-consecutive-month
period.
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Sec.
4.
NEW
SECTION
.
96A.4
Leave
entitlement
for
a
defined
1
twelve-month
period.
2
1.
An
employee
is
entitled
to
a
maximum
of
twelve
weeks
3
of
family
leave
during
a
defined
period
of
twelve
consecutive
4
months.
5
2.
An
employee
is
entitled
to
a
maximum
of
twelve
weeks
of
6
medical
leave
during
a
defined
period
of
twelve
consecutive
7
months
unless
the
employee
experiences
a
serious
health
8
condition,
which
is
pregnancy-related,
that
results
in
a
longer
9
period
of
incapacity
in
which
case
any
extended
medical
leave
10
beyond
twelve
weeks
shall
conform
with
section
216.6.
11
3.
An
employee
is
entitled
to
a
maximum
combined
total
of
12
paid
family
leave
and
medical
leave
of
sixteen
weeks
during
a
13
defined
period
of
twelve
consecutive
months.
14
4.
An
employee
is
not
entitled
to
family
leave
or
medical
15
leave
of
less
than
eight
consecutive
hours.
16
Sec.
5.
NEW
SECTION
.
96A.5
Calculating
the
defined
17
twelve-month
period.
18
The
defined
period
of
twelve
consecutive
months
for
19
calculation
of
an
eligible
employee’s
family
leave
or
medical
20
leave
entitlement
begins
on
any
of
the
following:
21
1.
The
date
of
birth
of
an
employee’s
child
or
the
date
22
of
placement
of
a
child
for
adoption
or
foster
care
with
the
23
employee.
24
2.
The
first
day
of
family
leave
that
an
employee
takes
for
25
a
family
member’s
serious
health
condition
or
a
family
member’s
26
qualifying
exigency.
27
3.
The
first
day
of
medical
leave.
28
Sec.
6.
NEW
SECTION
.
96A.6
Disqualification
from
leave
29
entitlement.
30
An
eligible
employee
is
disqualified
for
family
leave
or
31
medical
leave
benefits
under
this
chapter
for
any
of
the
32
following:
33
1.
An
absence
due
to
the
employee’s
willful
intention
to
34
injure
or
cause
a
sickness
to
the
employee
or
to
the
employee’s
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family
member.
1
2.
An
injury
or
sickness
caused
by
the
employee
engaging
in
2
an
illegal
act.
3
3.
The
employee’s
absence
due
to
an
employer
taking
any
4
disciplinary
action
against
the
employee.
5
Sec.
7.
NEW
SECTION
.
96A.7
Employee
notice
to
employer
of
6
intent
to
take
leave.
7
1.
If
leave
for
the
birth
of
a
child
or
placement
of
a
child
8
for
adoption
or
foster
care
with
an
employee
is
foreseeable,
9
the
employee
shall
provide
written
notice
not
less
than
thirty
10
calendar
days
before
the
date
the
leave
is
to
begin.
11
2.
If
the
birth
of
a
child
or
placement
of
a
child
for
12
adoption
or
foster
care
with
an
employee
requires
leave
to
13
begin
in
less
than
thirty
calendar
days,
the
employee
shall
14
provide
written
notice
as
far
in
advance
as
is
practicable.
15
3.
If
leave
for
a
family
member’s
serious
health
condition
16
or
an
employee’s
serious
health
condition
is
foreseeable
based
17
on
planned
medical
treatment,
the
employee
shall
do
all
of
the
18
following:
19
a.
Make
a
reasonable
effort
to
schedule
such
medical
20
treatment,
subject
to
the
recommendation
of
the
employee’s
or
21
family
member’s
health
care
provider
as
appropriate,
to
not
22
unduly
disrupt
the
operations
of
the
employer.
23
b.
Provide
the
employer
with
not
less
than
thirty
calendar
24
days
prior
written
notice
of
the
employee’s
intention
to
take
25
leave
for
a
family
member’s
serious
health
condition
or
the
26
employee’s
serious
health
condition.
27
4.
If
leave
for
a
family
member’s
serious
health
condition
28
or
an
employee’s
serious
health
condition
is
not
foreseeable,
29
the
employee
shall
provide
written
notice
as
far
in
advance
as
30
is
practicable.
31
Sec.
8.
NEW
SECTION
.
96A.8
Weekly
claim,
certification,
and
32
verification.
33
Beginning
January
1,
2023,
family
leave
or
medical
leave
34
insurance
benefits
are
payable
to
an
employee
during
a
period
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in
which
the
employee
is
unable
to
perform
the
employee’s
1
regular
or
customary
work
because
the
employee
is
on
family
2
leave
or
medical
leave
if
the
employee
meets
all
of
the
3
following
requirements:
4
1.
The
employee
files
a
weekly
claim
for
benefits
with
the
5
department
as
required
per
rules
adopted
by
the
director.
6
2.
The
employee
meets
the
eligibility
requirements
pursuant
7
to
section
96A.3
or
the
elective
coverage
requirements
pursuant
8
to
section
96A.14.
9
3.
The
employee
consents
to
the
disclosure
of
information
or
10
records
that
may
be
deemed
private
or
confidential
under
state
11
or
federal
law.
Disclosure
of
such
information
and
records
by
12
another
state
agency
or
an
employer
to
the
department
shall
13
be
solely
for
purposes
related
to
the
administration
of
this
14
chapter.
Information
and
records
disclosed
by
an
employee
15
under
this
chapter
shall
not
be
public
records
as
defined
in
16
section
22.1.
17
4.
The
employee
authorizes
the
health
care
provider
of
the
18
employee’s
family
member
or
of
the
employee,
as
applicable,
to
19
complete
a
certification
of
a
serious
health
condition
in
a
20
form
as
required
by
the
director.
21
5.
The
employee
attests
that
written
notice
has
been
22
provided
to
the
employee’s
employer
per
section
96A.7.
23
6.
The
employee
provides
documentation
of
a
family
member’s
24
qualifying
exigency
if
requested
by
the
employee’s
employer.
25
Sec.
9.
NEW
SECTION
.
96A.9
Waiting
period
for
leave
26
benefits.
27
Family
leave
or
medical
leave
insurance
benefits
shall
be
28
payable
to
an
eligible
employee
following
a
waiting
period
29
consisting
of
the
first
seven
calendar
days
of
leave.
However,
30
no
waiting
period
applies
to
a
leave
for
the
birth
or
placement
31
of
a
child
with
an
eligible
employee.
32
Sec.
10.
NEW
SECTION
.
96A.10
Weekly
leave
benefit
amount.
33
1.
The
basis
for
the
calculation
of
a
leave
benefit
amount
34
shall
be
the
weekly
earnings
of
an
eligible
employee
on
the
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day
the
leave
is
granted.
“Weekly
earnings”
means
the
gross
1
earnings
of
an
employee
to
which
such
employee
would
have
been
2
entitled
had
the
employee
worked
the
employee’s
customary
hours
3
for
the
full
pay
period
in
which
the
employee
is
on
family
4
leave
or
medical
leave.
Weekly
earnings
shall
be
computed
as
5
follows,
rounded
to
the
nearest
dollar,
for
an
employee
who
is
6
paid
on
the
following
basis:
7
a.
On
a
weekly
pay
period
basis,
the
weekly
earnings
are
the
8
weekly
gross
earnings.
9
b.
On
a
biweekly
pay
period
basis,
the
weekly
earnings
are
10
one-half
of
the
biweekly
gross
earnings.
11
c.
On
a
semimonthly
pay
period
basis,
the
weekly
earnings
12
are
the
semimonthly
gross
earnings
multiplied
by
twenty-four
13
and
then
divided
by
fifty-two.
14
d.
On
a
monthly
pay
period
basis,
the
weekly
earnings
15
are
the
monthly
gross
earnings
multiplied
by
twelve
and
then
16
divided
by
fifty-two.
17
e.
On
a
yearly
pay
period
basis,
the
weekly
earnings
shall
18
be
the
yearly
earnings
divided
by
fifty-two.
19
f.
On
a
daily
or
hourly
basis,
or
by
the
output
of
an
20
employee,
the
weekly
earnings
shall
be
computed
by
dividing
by
21
thirteen
the
earnings,
including
shift
differential
pay
but
22
not
including
overtime
or
premium
pay,
of
the
employee
earned
23
in
the
last
completed
period
of
thirteen
consecutive
calendar
24
weeks
immediately
preceding
the
start
day
of
the
leave.
If
25
the
employee
was
absent
from
employment
for
personal
reasons
26
during
part
of
the
thirteen
calendar
weeks
preceding
the
27
leave,
the
employee’s
weekly
earnings
shall
be
the
amount
the
28
employee
would
have
earned
had
the
employee
worked
when
work
29
was
available
to
other
employees
of
the
employer
in
a
similar
30
occupation.
A
week
that
does
not
fairly
reflect
the
employee’s
31
customary
earnings
shall
be
replaced
by
the
closest
previous
32
week
with
earnings
that
fairly
represent
the
employee’s
33
customary
earnings.
34
2.
If
on
the
date
that
leave
begins
an
employee’s
hourly
35
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earnings
cannot
be
ascertained,
the
earnings
for
the
purpose
1
of
calculating
the
benefit
amount
shall
be
the
usual
earnings
2
for
similar
services
where
such
services
are
rendered
by
paid
3
employees.
4
3.
If
an
employee
earns
either
no
wages
or
less
than
the
5
usual
weekly
earnings
of
a
regular
full-time
adult
laborer
6
in
the
line
of
work
in
which
the
employee
is
working
in
7
that
locality,
the
weekly
earnings
shall
be
one-fiftieth
of
8
the
total
earnings
which
the
employee
has
earned
from
all
9
employment
during
the
twelve
consecutive
calendar
months
10
immediately
preceding
the
date
that
the
employee’s
leave
11
begins.
12
4.
The
weekly
leave
benefit
amount
payable
to
an
employee
13
for
any
one
week
shall
be
eighty
percent
of
the
employee’s
14
weekly
spendable
earnings,
but
shall
not
exceed
an
amount
equal
15
to
two
hundred
percent
of
the
statewide
average
weekly
wage
16
paid
to
employees
as
determined
by
the
department
pursuant
to
17
section
96.19
and
in
effect
on
the
date
that
the
employee’s
18
leave
commences.
However,
the
weekly
leave
benefit
amount
19
shall
be
a
minimum
equal
to
the
lesser
of
the
weekly
leave
20
benefit
amount
of
a
person
whose
gross
weekly
earnings
are
21
thirty-five
percent
of
the
statewide
average
weekly
wage,
or
to
22
the
spendable
weekly
earnings
of
the
employee.
23
Sec.
11.
NEW
SECTION
.
96A.11
Payment
of
benefits
to
an
24
eligible
employee.
25
1.
The
department
shall
send
the
first
benefit
payment
to
26
an
employee
within
ten
calendar
days
after
the
first
properly
27
completed
weekly
claim
from
the
employee
is
received
by
28
the
department.
Subsequent
payments
shall
be
sent
at
least
29
biweekly
to
an
eligible
employee
if
a
properly
completed
weekly
30
claim
from
the
employee
is
received
by
the
department.
31
2.
If
an
employer
contests
an
employee’s
initial
claim
32
for
family
leave
or
medical
leave
benefits,
the
employer
must
33
notify
the
employee
and
the
department
in
the
manner
prescribed
34
by
the
director
within
ten
calendar
days
of
the
employer’s
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receipt
of
notice
from
the
department
of
the
employee’s
filing
1
of
a
claim
for
benefits.
Failure
to
timely
contest
an
initial
2
application
shall
constitute
a
waiver
of
objection
to
the
3
family
leave
or
medical
leave
claim.
4
3.
If
the
department
or
the
employer
contests
an
employee’s
5
eligibility
for
benefits
after
the
employee
begins
receiving
6
benefits
the
employee
shall
continue
to
be
paid
benefits
7
conditionally
for
any
weeks
for
which
the
employee
files
a
8
claim
for
benefits.
The
employee’s
right
to
retain
such
9
benefit
payments
shall
be
conditioned
upon
the
department’s
10
finding
that
the
employee
is
eligible
for
such
benefit
11
payments.
12
a.
At
an
employee’s
request,
the
department
shall
hold
13
conditional
benefit
payments
until
the
department
resolves
the
14
employee’s
eligibility
status.
15
b.
Payment
shall
be
issued
promptly
for
any
withheld
benefit
16
payments
if
the
department
determines
that
an
employee
is
17
eligible
for
benefits.
18
c.
If
the
department
determines
that
an
employee
is
19
ineligible
for
the
conditionally
paid
benefits,
the
employee
20
shall
repay
the
overpayment
per
rules
as
adopted
by
the
21
director.
22
Sec.
12.
NEW
SECTION
.
96A.12
Funding
the
family
leave
and
23
medical
leave
insurance
program.
24
1.
Beginning
on
January
1,
2021,
and
ending
December
25
31,
2022,
the
department
shall
assess
for
each
employee
26
in
employment
with
a
covered
employer
a
premium
rate
of
27
four-tenths
of
one
percent
of
an
employee’s
wages
based
on
the
28
amount
of
the
individual’s
wages,
subject
to
subsection
6.
29
a.
The
premium
rate
for
family
leave
benefits
shall
be
equal
30
to
one-third
of
the
total
premium
rate.
31
b.
The
premium
rate
for
medical
leave
benefits
shall
be
32
equal
to
two-thirds
of
the
total
premium
rate.
33
2.
For
calendar
year
2023
and
subsequent
calendar
years
the
34
director
shall
determine
the
percentage
of
paid
claims
related
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to
family
leave
benefits
and
the
percentage
of
paid
claims
1
related
to
medical
leave
benefits
and
adjust
the
premium
rates
2
set
in
subsection
1
by
the
proportional
share
of
claims
paid
3
for
both
types
of
leave.
4
3.
For
family
leave
premiums
a
covered
employer
may
deduct
5
up
to
forty-five
percent
of
the
full
amount
of
the
required
6
premiums
from
the
wages
of
each
employee.
The
remaining
7
fifty-five
percent
of
the
required
premiums
shall
be
paid
by
8
the
covered
employer.
9
4.
For
medical
leave
premiums
a
covered
employer
may
deduct
10
up
to
forty-five
percent
of
the
full
amount
of
the
required
11
premiums
from
the
wages
of
each
employee.
The
remaining
12
fifty-five
percent
of
the
required
premiums
shall
be
paid
by
13
the
covered
employer.
14
5.
A
covered
employer
may
elect
to
pay
all
or
any
portion
of
15
the
employee’s
share
of
the
premiums
for
family
leave
benefits
16
or
medical
leave
benefits
or
both.
17
6.
The
director
shall
annually
set
a
maximum
limit
on
the
18
amount
of
an
employee’s
wages
that
are
subject
to
a
premium
19
assessment
under
this
section
that
is
equal
to
the
contribution
20
and
benefit
base
for
the
calendar
year
as
determined
by
the
21
United
States
social
security
administration
for
purposes
of
22
26
U.S.C.
§3121(a).
23
7.
For
calendar
year
2023
and
subsequent
calendar
years,
24
the
total
premium
rate
shall
be
based
on
the
family
leave
and
25
medical
leave
insurance
account
balance
ratio
as
of
September
26
30
of
the
previous
year.
The
director
shall
calculate
the
27
account
balance
ratio
by
dividing
the
balance
of
the
family
28
leave
and
medical
leave
insurance
account
by
the
total
wages
29
paid
by
covered
employers.
The
division
shall
be
carried
30
to
the
fourth
decimal
place
with
the
remaining
fraction
31
disregarded
unless
it
amounts
to
five
hundred
thousandths
or
32
more
in
which
case
the
fourth
decimal
place
shall
be
rounded
33
to
the
next
higher
digit.
If
the
family
leave
and
medical
34
leave
insurance
account
balance
ratio
is
any
of
the
following
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percentages,
the
premium
shall
be
the
following
percentage
of
1
an
employee’s
wages
subject
to
a
premium
assessment:
2
a.
If
the
ratio
is
zero
to
nine
hundredths
of
one
percent,
3
the
premium
shall
be
six-tenths
of
one
percent.
4
b.
If
the
ratio
is
one-tenth
of
one
percent
to
nineteen
5
hundredths
of
one
percent,
the
premium
shall
be
five-tenths
of
6
one
percent.
7
c.
If
the
ratio
is
two-tenths
of
one
percent
to
twenty-nine
8
hundredths
of
one
percent,
the
premium
shall
be
four-tenths
of
9
one
percent.
10
d.
If
the
ratio
is
three-tenths
of
one
percent
to
11
thirty-nine
hundredths
of
one
percent,
the
premium
shall
be
12
three-tenths
of
one
percent.
13
e.
If
the
ratio
is
four-tenths
of
one
percent
to
forty-nine
14
hundredths
of
one
percent,
the
premium
shall
be
two-tenths
of
15
one
percent.
16
f.
If
the
ratio
is
five-tenths
of
one
percent
or
greater,
17
the
premium
shall
be
one-tenth
of
one
percent.
18
8.
Beginning
January
1,
2023,
if
the
account
balance
ratio
19
calculated
in
subsection
7
is
below
five
hundredths
of
one
20
percent,
the
director
shall
assess
a
solvency
surcharge
at
21
the
lowest
rate
necessary
to
provide
revenue
to
pay
for
the
22
administrative
and
benefit
costs
of
family
leave
and
medical
23
leave
insurance
for
the
calendar
year.
The
solvency
surcharge
24
shall
be
at
least
one-tenth
of
one
percent
and
no
more
than
25
six-tenths
of
one
percent
and
shall
be
added
to
the
total
26
premium
rate
assessed
to
each
employee
of
a
covered
employer
27
for
family
leave
and
medical
leave
benefits.
28
9.
A
covered
employer
shall
collect
all
required
premiums
29
and
surcharges
from
the
employer’s
employees
through
payroll
30
deductions
and
shall
remit
the
amount
collected
and
the
amount
31
to
be
paid
by
the
employer
to
the
department
as
required
by
32
rules
adopted
by
the
director.
33
10.
On
September
30
of
each
year
the
department
shall
34
average
the
number
of
employees
reported
by
an
employer
over
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the
last
four
completed
calendar
quarters
to
determine
the
1
number
of
employees
employed
by
the
employer
for
the
purpose
2
of
determining
if
an
employer
shall
be
considered
a
covered
3
employer
for
the
next
calendar
year.
4
Sec.
13.
NEW
SECTION
.
96A.13
Waiver
of
premium
for
5
out-of-state
employee.
6
1.
An
employer
may
file
an
application
with
the
department
7
for
a
conditional
waiver
of
the
payment
of
family
leave
and
8
medical
leave
premiums
assessed
under
section
96A.12
for
an
9
employee
who
meets
all
of
the
following
requirements:
10
a.
The
employee
is
physically
based
outside
of
the
state.
11
b.
The
employee
is
physically
working
in
the
state
on
a
12
limited
or
temporary
work
schedule.
13
c.
The
employee
is
not
expected
to
be
physically
working
14
in
the
state
for
one
thousand
two
hundred
fifty
hours
or
more
15
during
any
consecutive
twelve-month
period.
16
2.
The
department
shall
approve
an
application
that
is
17
signed
by
both
the
employee
and
the
employee’s
employer
18
attesting
to
compliance
with
the
requirements
of
subsection
1.
19
3.
If
the
employee
physically
works
in
the
state
for
one
20
thousand
two
hundred
fifty
hours
or
more
in
any
consecutive
21
twelve-month
period,
the
conditional
waiver
shall
expire
and
22
the
employer
and
employee
shall
be
responsible
for
all
premiums
23
pursuant
to
section
96A.12
for
the
consecutive
twelve-month
24
period
in
which
the
employee
worked
one
thousand
two
hundred
25
fifty
hours
or
more.
Upon
submission
of
the
premiums
by
the
26
employer
to
the
department,
the
employee
shall
be
credited
for
27
the
hours
worked
during
that
consecutive
twelve-month
period
28
and
shall
be
eligible
for
benefits
under
this
chapter.
29
Sec.
14.
NEW
SECTION
.
96A.14
Self-employed
persons
elective
30
participation
in
the
family
leave
and
medical
leave
insurance
31
program.
32
1.
A
self-employed
person
electing
to
participate
in
33
the
family
leave
and
medical
leave
insurance
program
shall
34
be
considered
an
employer
or
employee
where
the
context
so
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dictates.
1
2.
For
benefits
payable
beginning
January
1,
2023,
a
2
self-employed
person
may
elect
to
participate
in
the
family
3
leave
and
medical
leave
insurance
program
under
this
chapter
4
if
the
self-employed
person
meets
all
of
the
following
5
requirements:
6
a.
The
initial
participation
period
for
the
self-employed
7
person
must
be
a
minimum
of
three
years.
8
b.
Any
subsequent
period
of
participation
by
the
9
self-employed
person
must
be
for
a
minimum
of
one
year.
10
c.
The
self-employed
person
must
participate
in
both
family
11
leave
and
medical
leave.
12
d.
One
hundred
percent
of
all
premiums
assessed
under
13
section
96A.12
shall
be
paid
by
the
self-employed
person.
14
3.
A
self-employed
person
shall
file
a
written
notice
of
15
election
of
elective
coverage
with
the
department
in
the
manner
16
required
by
the
director.
17
4.
A
self-employed
person
shall
be
eligible
for
18
family
leave
and
medical
leave
benefits
after
working
one
19
thousand
two
hundred
fifty
hours
in
the
state
during
the
20
twelve-consecutive-month
period
immediately
following
the
date
21
of
the
written
notice
the
self-employed
person
filed
pursuant
22
to
subsection
3.
23
5.
A
self-employed
person
who
has
elected
coverage
may
24
withdraw
from
coverage
within
thirty
calendar
days
after
the
25
end
of
each
period
of
coverage
by
filing
a
written
notice
of
26
withdrawal
as
required
by
the
director.
The
withdrawal
shall
27
take
effect
no
sooner
than
thirty
calendar
days
after
the
28
self-employed
person
files
the
notice
of
withdrawal.
29
6.
If
a
self-employed
person
fails
to
submit
the
required
30
premium
payments,
the
department
may
cancel
the
person’s
31
elective
coverage.
The
cancellation
shall
be
effective
no
32
sooner
than
thirty
days
from
the
date
of
a
written
notice
33
from
the
department
to
the
self-employed
person
advising
the
34
self-employed
person
of
the
impending
cancellation
of
the
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self-employed
person’s
elective
coverage.
The
department
shall
1
collect
all
due
and
unpaid
premiums
for
the
remainder
of
the
2
period
of
coverage
from
the
self-employed
person.
3
Sec.
15.
NEW
SECTION
.
96A.15
Employment
protection.
4
1.
An
eligible
employee
who
takes
family
leave
or
medical
5
leave
under
this
chapter
is
entitled
to
any
of
the
following
on
6
the
employee’s
return
from
leave:
7
a.
To
be
restored
to
the
same
position
held
by
the
employee
8
when
the
employee’s
leave
commenced.
9
b.
To
be
restored
to
an
equivalent
position
with
equivalent
10
employment
benefits,
pay,
and
other
terms
and
conditions
of
11
employment.
12
2.
As
a
condition
of
restoration
under
subsection
1
for
an
13
employee
who
has
taken
medical
leave,
the
employer
may
apply
14
to
the
employee
a
uniform
policy
that
requires
an
employee
to
15
provide
certification
from
the
employee’s
health
care
provider
16
that
the
employee
is
able
to
resume
work.
17
3.
Taking
leave
under
this
chapter
shall
not
result
in
the
18
loss
of
any
employment
benefits
accrued
by
an
employee
prior
to
19
the
date
on
which
the
employee’s
leave
commenced.
20
4.
This
section
shall
not
be
construed
to
entitle
a
restored
21
employee
to
any
of
the
following:
22
a.
The
accrual
of
any
seniority
or
employment
benefits
23
during
any
period
of
leave.
24
b.
Any
right,
benefit,
or
position
of
employment
other
than
25
any
right,
benefit,
or
position
of
employment
to
which
the
26
employee
would
have
been
entitled
had
the
employee
not
taken
27
leave.
28
5.
This
section
shall
not
be
construed
to
prohibit
an
29
employer
from
requiring
an
employee
on
leave
to
report
30
periodically
to
the
employer
on
the
status
and
intention
of
the
31
employee
to
return
to
work.
32
6.
An
employer
may
deny
restoration
under
this
section
to
33
a
salaried
employee
who
is
among
the
ten
percent
highest
paid
34
of
the
employees
employed
by
the
employer
within
seventy-five
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miles
of
the
facility
at
which
the
employee
is
employed
if
all
1
of
the
following
apply:
2
a.
Denial
of
restoration
is
necessary
to
prevent
substantial
3
and
grievous
economic
injury
to
the
operations
of
the
employer.
4
b.
The
employer
notifies
the
employee
of
the
intent
of
the
5
employer
to
deny
restoration
on
such
basis
at
the
time
the
6
employer
determines
such
basis
exists.
7
c.
The
employee
is
on
leave
and
elects
not
to
return
8
to
employment
after
receiving
the
employer’s
notice
of
the
9
employer’s
intent
not
to
restore
the
employee.
10
7.
This
section
shall
not
be
construed
as
providing
an
11
employee
greater
restoration
rights
than
those
required
under
12
the
federal
Family
and
Medical
Leave
Act
of
1993,
as
amended.
13
Sec.
16.
NEW
SECTION
.
96A.16
Maintenance
of
existing
health
14
benefits.
15
If
required
by
the
federal
Family
and
Medical
Leave
16
Act
of
1993,
as
amended,
an
employer
shall
maintain
any
17
existing
health
benefits
of
an
employee
for
the
duration
of
18
an
employee’s
leave
under
this
chapter.
If
the
employer
and
19
the
employee
normally
share
the
cost
of
such
existing
health
20
benefits,
the
employee
shall
remain
responsible
for
the
21
employee’s
share
of
the
cost
of
such.
22
Sec.
17.
NEW
SECTION
.
96A.17
Employer
submission
of
reports
23
and
maintenance
of
records.
24
1.
As
specified
by
the
director
and
in
the
form
and
at
25
the
time
as
required
by
the
director
an
employer
shall
submit
26
reports
and
furnish
information
related
to
the
family
leave
and
27
medical
leave
insurance
program
to
the
director.
28
2.
An
employer
shall
maintain
at
the
employer’s
primary
29
place
of
business
a
record
of
employment
for
each
employee
from
30
which
any
information
needed
by
the
department
for
purposes
of
31
this
chapter
may
be
obtained.
Such
record
shall
be
maintained
32
for
ten
years
from
the
date
on
which
an
eligible
employee
33
applies
for
family
leave
or
medical
leave
under
this
chapter.
34
The
record
shall
be
open
for
inspection
by
the
director
at
all
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times.
All
personnel
and
employee
medical
records
shall
be
1
maintained
by
the
employer
in
compliance
with
all
applicable
2
federal
and
state
laws.
3
Sec.
18.
NEW
SECTION
.
96A.18
Coordination
of
family
leave
4
and
medical
leave
with
other
laws
and
with
employer
policies.
5
1.
Family
leave
or
medical
leave
taken
by
an
employee
6
under
this
chapter
shall
be
in
addition
to
any
leave
required
7
by
applicable
state
or
federal
law
for
sickness
or
temporary
8
disability
because
of
pregnancy
or
childbirth.
9
2.
Family
leave
or
medical
leave
taken
by
an
employee
under
10
this
chapter
shall
be
taken
concurrently
with
any
leave
taken
11
under
the
federal
Family
and
Medical
Leave
Act
of
1993,
as
12
amended.
13
3.
An
employer
may
allow
an
employee
who
has
accrued
14
vacation,
sick,
or
other
paid
time
off
to
choose
to
use
either
15
such
accrued
time
or
to
receive
paid
family
leave
or
medical
16
leave
insurance
benefits
under
this
chapter.
17
Sec.
19.
NEW
SECTION
.
96A.19
Relationship
to
other
state
18
and
federal
benefits.
19
In
any
week
an
employee
is
eligible
to
receive
benefits
under
20
chapter
85,
85A,
85B,
or
96,
or
any
other
applicable
state
or
21
federal
unemployment
compensation,
workers’
compensation,
or
22
disability
insurance
laws,
the
employee
is
disqualified
from
23
receiving
family
leave
or
medical
leave
insurance
benefits
24
under
this
chapter.
25
Sec.
20.
NEW
SECTION
.
96A.20
Discrimination
prohibited.
26
This
chapter
shall
not
be
construed
to
modify
or
affect
any
27
federal,
state,
or
local
law
prohibiting
discrimination
on
the
28
basis
of
age,
race,
creed,
color,
sex,
sexual
orientation,
29
gender
identity,
national
origin,
religion,
disability,
or
30
other
protected
category.
31
Sec.
21.
NEW
SECTION
.
96A.21
Department
to
administer
32
family
leave
and
medical
leave
insurance
program
and
conduct
33
outreach.
34
1.
The
director
shall
establish
and
administer
the
family
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leave
and
medical
leave
insurance
program
and
disburse
family
1
leave
and
medical
leave
benefits
to
an
eligible
employee
as
2
specified
in
this
chapter.
3
2.
The
director
shall
establish
procedures
and
forms
for
4
an
employee
to
file
an
application
for
benefits
under
this
5
chapter.
6
3.
The
department
shall
notify
an
employer
within
five
7
business
days
of
an
employee
filing
a
claim
for
family
leave
or
8
medical
leave
insurance
benefits.
9
4.
Information
and
records
pertaining
to
an
employee
under
10
this
chapter
that
are
maintained
by
the
department
shall
11
be
confidential
and
shall
only
be
available
to
department
12
personnel
in
the
performance
of
official
duties.
13
5.
The
director
shall
develop
and
implement
an
outreach
14
program
to
ensure
that
employers
and
employees
are
aware
of
15
the
family
leave
and
medical
leave
insurance
program
and
are
16
aware
of
the
leave
benefits
available
to
eligible
employees.
17
Outreach
information
shall
explain
in
an
easy-to-understand
18
format
all
of
the
following:
19
a.
Eligibility
requirements.
20
b.
The
application
process.
21
c.
How
weekly
benefits
are
calculated
and
the
minimum
and
22
maximum
weekly
benefit
amount.
23
d.
Restoration
rights.
24
e.
Nondiscrimination
rights.
25
f.
Confidentiality.
26
g.
The
relationship
between
employment
protection,
leave
27
from
employment,
wage
replacement
benefits
under
this
chapter
28
and
other
laws,
and
employer
policies.
29
6.
The
department
shall
be
authorized
to
inspect
and
audit
30
an
employer’s
files
and
records
relating
to
the
family
leave
31
and
medical
leave
insurance
program
under
this
chapter.
32
Sec.
22.
NEW
SECTION
.
96A.22
Family
leave
and
medical
leave
33
insurance
account.
34
1.
The
family
leave
and
medical
leave
insurance
account
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is
created
as
a
separate
account
in
the
state
treasury
in
the
1
custody
of
the
treasurer
of
state.
2
2.
The
director
shall
deposit
all
receipts
from
premiums
3
imposed
under
this
chapter
into
such
account.
Expenditures
4
from
the
account
shall
be
used
only
for
the
purposes
of
the
5
family
leave
and
medical
leave
insurance
program
and
only
as
6
authorized
by
the
director.
7
3.
All
premiums
deposited
in
the
account
shall
remain
in
8
the
account
until
expended
pursuant
to
the
requirements
of
this
9
chapter.
10
Sec.
23.
NEW
SECTION
.
96A.23
Rules.
11
The
director
shall
adopt
rules
pursuant
to
chapter
17A
as
12
necessary
to
implement
and
administer
this
chapter.
13
Sec.
24.
NEW
SECTION
.
96A.24
Enforcement.
14
The
director
may
take
any
action
under
the
director’s
15
authority
to
enforce
compliance
with
this
chapter.
16
Sec.
25.
Section
84A.1,
subsection
1,
Code
2018,
is
amended
17
to
read
as
follows:
18
1.
The
department
of
workforce
development
is
created
to
19
administer
the
laws
of
this
state
relating
to
unemployment
20
compensation
insurance,
job
placement
and
training,
employment
21
safety,
labor
standards,
and
workers’
compensation
,
and
the
22
family
leave
and
medical
leave
insurance
program
.
23
Sec.
26.
DIRECTOR
ANALYSIS
OF
FUNDING
THE
FAMILY
LEAVE
24
AND
MEDICAL
LEAVE
INSURANCE
PROGRAM
AND
REPORT
TO
THE
GENERAL
25
ASSEMBLY.
The
director
of
the
department
of
workforce
26
development
shall
conduct
an
analysis
of
the
family
leave
27
and
medical
leave
insurance
program
as
funded
pursuant
to
28
section
96A.12,
as
enacted
in
this
Act,
and
of
the
benefits
29
paid
pursuant
to
section
96A.10,
as
enacted
in
this
Act.
The
30
director
shall
determine
if
the
premium
rates
and
benefit
31
levels
are
appropriate
to
fully
fund
and
maintain
the
solvency
32
of
the
family
leave
and
medical
leave
insurance
account.
33
The
director
shall
submit
the
director’s
findings
to
the
34
general
assembly
pursuant
to
section
7A.11
no
later
than
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January
14,
2019.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
a
family
leave
and
medical
leave
5
insurance
program,
administered
by
the
director
of
the
6
department
of
workforce
development,
that
provides
for
paid,
7
job
protected
leave
for
certain
family
leave
and
medical
leave
8
reasons
for
eligible
employees
of
specified
employers.
9
An
employee
is
eligible
for
family
leave
and
medical
leave
10
after
working
for
a
covered
employer,
as
defined
in
the
bill,
11
for
a
minimum
of
12
consecutive
months
and
a
minimum
of
1,250
12
hours
during
the
12
consecutive-month
period
immediately
13
preceding
the
employee’s
request
for
leave.
Family
leave
and
14
medical
leave
are
defined
in
the
bill.
Family
leave
includes
15
leave
to
care
for
an
immediate
family
member
with
a
serious
16
health
condition,
to
bond
with
a
newborn
child
or
adopted
or
17
foster
child,
or
for
a
qualifying
exigency
for
a
family
member
18
as
permitted
under
the
federal
Family
and
Medical
Leave
Act
19
of
1993,
as
amended.
Medical
leave
includes
leave
due
to
20
the
employee’s
own
serious
health
condition.
Serious
health
21
condition
is
defined
in
the
bill.
22
The
bill
provides
that
an
eligible
employee
may
not
receive
23
more
than
12
weeks
of
family
leave,
12
weeks
of
medical
leave,
24
or
16
weeks
of
combined
family
and
medical
leave
in
a
defined
25
consecutive
12-month
period.
The
defined
consecutive
12-month
26
period
begins
on
the
date
of
the
birth
of
a
child
or
placement
27
of
a
child
for
adoption
or
foster
care
with
an
eligible
28
employee,
or
on
the
first
date
that
an
eligible
employee
takes
29
either
family
leave
or
medical
leave.
The
minimum
duration
of
30
leave
an
eligible
employee
may
take
is
eight
consecutive
hours.
31
An
employee
is
disqualified
for
family
leave
and
medical
32
leave
benefits
for
an
absence
due
to
the
employee
purposefully
33
causing
injury
or
sickness
to
the
employee
or
a
family
member,
34
for
an
absence
caused
by
an
illness
or
injury
due
to
the
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employee
engaging
in
an
illegal
act,
or
an
absence
due
to
an
1
employer
taking
disciplinary
action
against
the
employee.
2
An
employee
must
provide
a
minimum
of
30
days’
notice
to
an
3
employer
of
the
employee’s
intent
to
take
leave
for
the
birth
4
of
a
child
or
placement
of
a
child
for
adoption
or
foster
care
5
with
the
employee,
or
of
the
employee’s
intent
to
take
family
6
leave
or
medical
leave.
If
circumstances
necessitate
that
an
7
employee’s
leave
begins
in
less
than
30
days
the
employee
must
8
give
as
much
notice
as
is
practicable.
If
an
eligible
employee
9
requests
medical
leave
or
family
leave,
the
employee
must
make
10
a
reasonable
effort
to
schedule
their
own
medical
treatment,
or
11
their
family
member’s
medical
treatment,
to
not
unduly
disrupt
12
the
employer’s
operations.
13
The
bill
requires
an
eligible
employee
to
file
a
claim
14
for
benefits
as
required
by
the
director.
The
employee
15
must
consent
to
the
disclosure
of
potentially
private
or
16
confidential
information
to
and
from
the
department
and
the
17
employee’s
employer
for
the
administration
of
the
family
leave
18
or
medical
leave.
The
bill
specifies
that
such
information
19
is
not
a
public
record
pursuant
to
Code
section
22.1.
The
20
employee
must
attest
that
the
employee
has
provided
notice
21
of
the
employee’s
intent
to
take
leave
to
the
employee’s
22
employer.
The
employee
must
also
authorize
the
employee’s
23
health
care
provider,
or
the
employee’s
family
member’s
health
24
care
provider,
to
complete
a
certification
of
a
serious
health
25
condition
as
required
by
the
director.
26
The
bill
provides
for
a
seven-day
waiting
period
before
27
benefits
are
payable.
There
is
no
waiting
period
for
leave
for
28
the
birth
of
a
child
or
placement
of
a
child
for
adoption
or
29
foster
care.
30
The
basis
for
the
calculation
of
the
amount
of
a
family
31
leave
or
medical
leave
benefit
is
an
eligible
employee’s
weekly
32
earnings
as
defined
in
the
bill.
The
weekly
leave
benefit
33
amount
payable
to
an
employee
for
any
one
week
is
80
percent
34
of
the
employee’s
weekly
spendable
earnings,
but
shall
not
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exceed
an
amount
equal
to
200
percent
of
the
statewide
average
1
weekly
wage
paid
to
employees
as
determined
by
the
department
2
of
workforce
development
pursuant
to
Code
section
96.19.
The
3
minimum
weekly
leave
benefit
amount
shall
be
equal
to
the
4
weekly
leave
benefit
amount
of
a
person
whose
gross
weekly
5
earnings
are
35
percent
of
the
statewide
average
weekly
wage,
6
or
to
the
spendable
weekly
earnings
of
the
employee,
whichever
7
is
less.
“Spendable
weekly
earnings”
is
defined
in
the
bill
as
8
the
amount
remaining
after
payroll
taxes
are
deducted
from
an
9
employee’s
gross
weekly
earnings.
10
The
department
shall
send
the
first
benefit
payment
to
an
11
eligible
employee
within
10
days
after
a
properly
completed
12
weekly
claim
for
benefits
is
completed
by
the
employee
13
and
received
by
the
department.
If
the
employee
continues
14
to
submit
a
properly
completed
weekly
claim,
subsequent
15
payments
are
to
be
made
to
the
employee
at
least
biweekly.
16
If
an
employer,
or
the
department,
contests
an
employee’s
17
eligibility,
benefit
payments
may
be
made
on
a
conditional
18
basis.
The
employee
is
required
to
pay
the
benefits
back
if
19
the
department
later
rules
that
the
employee
is
ineligible
to
20
receive
such
benefits.
21
The
bill
provides
that
the
family
leave
and
medical
leave
22
insurance
program
shall
be
funded
via
employee
and
employer
23
contributions.
Beginning
on
January
1,
2021,
and
ending
24
on
December
31,
2022,
the
department
will
assess
a
covered
25
employer
a
premium
rate
of
four-tenths
of
one
percent
of
an
26
employee’s
weekly
wages,
subject
to
a
maximum
limit
of
wages
27
subject
to
the
assessment,
as
determined
by
the
director
based
28
on
the
maximum
wages
subject
to
taxation
for
social
security.
29
One-third
of
the
premium
is
to
be
used
to
fund
family
leave
30
insurance
benefits
and
two-thirds
of
the
premium
is
to
be
31
used
to
fund
medical
leave
benefits.
The
covered
employer
32
may
deduct
the
full
amount
of
the
family
leave
premium
from
33
an
employee’s
wage.
A
covered
employer
may
deduct
up
to
45
34
percent
of
the
medical
leave
premium
and
45
percent
of
the
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family
leave
premium
from
an
employee’s
wage.
The
employer
1
must
pay
the
remaining
55
percent
of
both
the
medical
leave
and
2
family
leave
premiums.
An
employer
may
elect
to
pay
all
or
any
3
portion
of
an
employee’s
share
of
premiums
for
family
leave
or
4
medical
leave
benefits
or
both.
Beginning
January
1,
2023,
the
5
premium
rate
shall
be
calculated
by
the
director
based
on
the
6
family
leave
and
medical
leave
insurance
account
balance
ratio
7
as
of
September
30
of
the
previous
calendar
year.
The
premium
8
rate
is
adjusted
based
on
the
balance
ratio
as
detailed
in
the
9
bill.
If
the
balance
ratio
falls
below
five
hundredths
of
one
10
percent
the
bill
requires
the
director
to
assess
a
solvency
11
surcharge
that
is
added
to
the
total
premium
rate
assessed
to
a
12
covered
employer.
The
minimum
solvency
surcharge
is
one-tenth
13
of
one
percent
and
the
maximum
solvency
surcharge
is
six-tenths
14
of
one
percent.
15
On
September
30
of
each
year,
the
bill
requires
the
16
department
to
average
the
number
of
employees
reported
by
an
17
employer
over
the
last
four
completed
calendar
quarters
to
18
determine
if
an
employer
is
a
covered
employer
for
the
next
19
calendar
year.
20
The
bill
requires
a
covered
employer
to
collect
all
assessed
21
premiums
and
surcharges
from
the
employer’s
employees
through
22
payroll
deduction
and
to
remit
all
premiums
to
the
department
23
as
required
by
the
director.
24
An
employer
may
apply
for,
and
the
director
must
grant,
a
25
waiver
of
premiums
for
an
employee
who
is
located
physically
26
outside
of
the
state
and
not
expected
to
work
in
the
state
for
27
1,250
or
more
hours
in
any
consecutive
12-month
period.
If
28
the
employee
subsequently
works
1,250
or
more
hours
within
29
the
state,
the
employer
and
employee
are
responsible
for
all
30
premiums
that
should
have
been
collected
for
such
12-month
31
period.
32
Self-employed
persons
may
elect
to
participate
in
the
33
family
leave
and
medical
leave
insurance
program
for
a
34
minimum
initial
participation
period
of
three
years.
Any
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subsequent
period
of
participation
must
be
for
a
minimum
of
1
one
year.
A
self-employed
person
must
pay
the
employee
and
2
employer’s
portion
of
the
premium
assessed
by
the
director.
A
3
self-employed
person
who
elects
to
participate
in
the
program
4
is
eligible
for
family
leave
and
medical
leave
benefits
5
after
working
a
minimum
of
1,250
hours
in
the
consecutive
6
12-month
period
immediately
following
the
self-employed
7
person’s
election
to
participate
in
the
program.
The
8
self-employed
person
may
withdraw
from
the
program
by
providing
9
written
notice
to
the
director.
The
director
may
cancel
the
10
self-employed
person’s
elective
coverage
for
failure
to
submit
11
the
required
premiums.
12
An
eligible
employee
who
takes
family
leave
or
medical
leave
13
is
entitled
to
restoration
of
employment
equal
to
but
not
14
greater
than
that
as
provided
by
the
federal
Family
Medical
15
Leave
Act
of
1993
(FMLA),
as
amended.
The
bill
provides
that
16
if
required
under
FMLA,
an
employer
must
maintain
any
existing
17
health
benefits
for
the
duration
of
an
employee’s
leave.
If
18
the
employer
and
employee
normally
share
the
cost
of
such,
the
19
employee
remains
responsible
for
paying
the
employee’s
share
20
of
the
costs.
21
A
covered
employer
must
submit
reports
as
required
by
the
22
director
and
maintain
employment
records
for
each
employee
23
from
which
the
director
may
obtain
information
related
to
an
24
employee’s
family
leave
or
medical
leave.
Such
records
shall
25
be
maintained
for
10
years
from
the
date
on
which
an
employee
26
first
takes
a
family
leave
or
medical
leave
and
shall
be
open
27
for
inspection
by
the
director.
28
The
bill
provides
that
family
leave
or
medical
leave
shall
29
be
in
addition
to
leave
required
under
state
or
federal
law
30
for
sickness
or
temporary
disability
due
to
pregnancy
or
31
childbirth.
The
bill
requires
family
leave
or
medical
leave
32
taken
under
this
program
to
be
taken
concurrently
with
leave
33
taken
under
FMLA.
A
covered
employer
may
allow
an
employee
to
34
choose
to
use
either
accrued
sick
or
vacation
benefits
or
claim
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family
leave
and
medical
leave
benefits
under
this
bill.
An
1
employee
is
prohibited
from
receiving
family
leave
or
medical
2
leave
benefits
at
the
same
time
the
employee
is
receiving
state
3
or
federal
unemployment,
workers’
compensation,
or
disability
4
benefits.
The
bill
prohibits
discrimination
on
the
basis
of
5
any
state
or
federally
protected
category.
6
The
bill
requires
the
director
to
administer
the
family
7
leave
and
medical
leave
insurance
program
and
to
provide
8
outreach
to
ensure
that
employers
and
employees
are
aware
of
9
the
program
and
the
benefits
available
under
such.
10
The
bill
provides
that
a
family
leave
and
medical
leave
11
insurance
account
shall
be
created
in
the
custody
of
the
12
treasurer
of
state.
The
director
shall
deposit
all
premiums
13
collected
from
employers
into
such
account.
The
account
shall
14
only
be
used
for
purposes
of
the
family
leave
and
medical
leave
15
insurance
program
as
authorized
by
the
director.
16
The
director
shall
adopt
rules
pursuant
to
Code
chapter
17A
17
as
necessary
to
implement
and
administer
the
provisions
of
the
18
bill.
The
director
may
take
any
action
under
the
director’s
19
authority
to
enforce
compliance
with
the
bill.
20
Code
section
84A.1(1)
is
amended
to
require
the
department
21
of
workforce
development
to
administer
the
laws
relating
to
the
22
family
leave
and
medical
leave
insurance
program.
23
The
director
is
required
to
analyze
the
funding
of
the
24
family
leave
and
medical
leave
insurance
program
and
the
25
benefits
payable
from
the
program’s
account.
The
director
26
shall
determine
if
the
premium
rates
and
the
benefit
levels
27
are
appropriate
to
fully
fund
and
maintain
the
solvency
of
the
28
family
leave
and
medical
leave
insurance
program.
The
director
29
shall
submit
the
director’s
findings
to
the
general
assembly
30
no
later
than
January
14,
2019.
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