Text: SF00401 Text: SF00403 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 91F.1 DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Eligible employee" means an employee as defined in 1 5 section 91A.2 who has been employed for at least twelve months 1 6 by the employer with respect to whom leave is requested and 1 7 for at least one thousand two hundred fifty hours of service 1 8 with such employer during the previous twelve-month period. 1 9 2. "Employer" means an employer as defined in section 1 10 91A.2. 1 11 3. "Parent" means a biological or adoptive parent of an 1 12 employee. 1 13 4. "Serious health condition" means an illness, injury, 1 14 impairment, or physical or mental condition that involves 1 15 inpatient care in a hospital, hospice, or residential facility 1 16 or continuing treatment by a health care provider. 1 17 5. "Son or daughter" means a biological, adopted, or 1 18 foster child, a stepchild, a legal ward, or a child of a 1 19 person standing in loco parentis who is under eighteen years 1 20 of age or is eighteen years of age or older and incapable of 1 21 self-care because of a mental or physical disability. 1 22 6. "Spouse" means a husband or wife. 1 23 Sec. 2. NEW SECTION. 91F.2 FAMILY AND MEDICAL LEAVE 1 24 AUTHORIZED. 1 25 1. An eligible employee shall be entitled to a total of 1 26 twelve work weeks of leave during any twelve-month period for 1 27 one or more of the following: 1 28 a. Because of the birth of a son or daughter of the 1 29 employee and in order to care for such son or daughter. 1 30 b. Because of the placement of a son or daughter with the 1 31 employee for adoption or foster care. 1 32 c. In order to care for the spouse, or a son, daughter, or 1 33 parent of the employee, if such spouse, son, daughter, or 1 34 parent has a serious health condition. 1 35 d. Because of a serious health condition that makes the 2 1 employee unable to perform the functions of the position of 2 2 such employee. 2 3 2. The entitlement to leave under paragraphs "a" and "b" 2 4 for a birth or placement of a son or daughter shall expire at 2 5 the end of the twelve-month period beginning on the date of 2 6 such birth or placement. 2 7 Sec. 3. NEW SECTION. 91F.3 LEAVE REQUIREMENTS. 2 8 1. An employer shall not be required to pay an eligible 2 9 employee for any leave taken pursuant to section 91F.2. 2 10 However, an eligible employee taking a leave permitted by this 2 11 chapter may elect, or an employer may require the employee, to 2 12 substitute for leave allowed under this chapter, any of the 2 13 employee's accrued vacation leave or other accrued time off 2 14 during this period or any other paid or unpaid time off 2 15 negotiated with the employer. However, an employee shall not 2 16 use sick leave during the period of the family and medical 2 17 leave unless mutually agreed to by the employer and the 2 18 employee. 2 19 2. If the employee's need for a leave pursuant to this 2 20 section is foreseeable, the employee shall provide the 2 21 employer with reasonable advance notice of the need for the 2 22 leave. 2 23 Sec. 4. NEW SECTION. 91F.4 PENALTIES ENFORCEMENT. 2 24 1. It shall be unlawful for an employer to refuse to hire, 2 25 discharge, fine, suspend, expel, or discriminate against, any 2 26 individual for exercising the individual's rights to take 2 27 leave pursuant to this chapter. 2 28 2. An employer who violates this chapter commits a simple 2 29 misdemeanor. 2 30 EXPLANATION 2 31 This bill provides that certain eligible employees shall be 2 32 entitled to take leave, including unpaid leave, for up to 12 2 33 work weeks in a 12-month period because of a birth or adoption 2 34 of a son or daughter or because of a serious health condition 2 35 of the employee or the employee's son or daughter, spouse, or 3 1 parent. The bill provides definitions for "eligible 3 2 employee", "employer", "parent", "serious health condition", 3 3 "son or daughter", and "spouse". An eligible employee is 3 4 defined as a person employed for at least 12 months by the 3 5 employer and who had 1,250 hours of service with the employer 3 6 in the last 12 months. An "employer" is defined as provided 3 7 in the chapter governing wage payment collection as a person 3 8 who employs a natural person for wages. The bill provides for 3 9 how the leave will be taken, whether paid or unpaid, and that 3 10 an eligible employee should make an effort to provide advance 3 11 notice that the leave may be taken. The bill provides that an 3 12 employer who violates this chapter commits a simple 3 13 misdemeanor. 3 14 LSB 1866SS 78 3 15 ec/gg/8.1
Text: SF00401 Text: SF00403 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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