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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