House Amendment 8443
PAG LIN
1 1 Amend Senate File 2270, as passed by the Senate, as
1 2 follows:
1 3 #1. By striking everything after the enacting clause
1 4 and inserting:
1 5 <Section 1. NEW SECTION. 91F.1 Short title.
1 6 This chapter shall be known and may be cited as the
1 7 "Family Friendly Workplace Act".
1 8 Sec. 2. NEW SECTION. 91F.2 Definitions.
1 9 1. "Employer" means a person engaged in a business
1 10 that has one or more employees and also includes the
1 11 state of Iowa, a department or agency thereof, and any
1 12 political subdivision of the state.
1 13 2. "Reasonable efforts" means any effort that would
1 14 not impose an undue hardship on the operation of the
1 15 employer's business.
1 16 3. "Undue hardship" means any action that requires
1 17 significant difficulty, compromises the safety of other
1 18 employees, requires temporary facility closure, or
1 19 results in expenditures exceeding five hundred dollars,
1 20 exclusive of the costs of additional labor or unpaid
1 21 leave costs.
1 22 Sec. 3. NEW SECTION. 91F.3 Right to express breast
1 23 milk in workplace == private location.
1 24 1. An employer shall provide reasonable unpaid
1 25 break time or permit an employee to use paid break
1 26 time, meal time, or both, each day, to allow the
1 27 employee to express breast milk for the employee's
1 28 nursing child for up to two years after the child's
1 29 birth.
1 30 2. The employer shall make reasonable efforts
1 31 to provide a place, other than a toilet stall, which
1 32 is shielded from view and free from intrusion from
1 33 coworkers and the public, that may be used by an
1 34 employee to express breast milk in privacy.
1 35 3. The department of workforce development shall
1 36 provide on its internet site information and links
1 37 to other internet sites where employers can access
1 38 information regarding methods to accommodate employees
1 39 who express breast milk in the workplace. The
1 40 department shall consult with appropriate organizations
1 41 or associations to determine the appropriate
1 42 information and internet site links so as to provide
1 43 employers with the most accurate and useful information
1 44 available.
1 45 4. a. An employee shall provide notice to an
1 46 employer of the employee's need for time and a location
1 47 to express breast milk at least sixty days prior to the
1 48 anticipated date that the employee will give birth.
1 49 b. If an employee gives birth more than sixty days
1 50 prior to the employee's anticipated date of delivery,
2 1 or the employee is hired while breast=feeding, the
2 2 employee shall notify the employer within a reasonable
2 3 time about the employee's need for time and a location
2 4 to express breast milk.
2 5 5. a. At least thirty days prior to the
2 6 anticipated date that the employee will give birth,
2 7 the employer and employee shall establish a written
2 8 agreement pursuant to the provisions in this section.
2 9 The agreement shall be signed by the employer or
2 10 the employer's designee and the employee and shall
2 11 be notarized by a third party, who may be another
2 12 employee of the employer. A copy of the agreement
2 13 shall be given to the employee and a copy placed in the
2 14 employee's personnel file.
2 15 b. If an employee gives birth more than thirty days
2 16 prior to the employee's anticipated date of delivery,
2 17 or the employee is hired while breast=feeding, the
2 18 employer and employee shall establish a written
2 19 agreement pursuant to the provisions of this section
2 20 as soon as practicable. The agreement shall be signed
2 21 by the employer or the employer's designee and the
2 22 employee and shall be notarized by a third party, who
2 23 may be another employee of the employer. A copy of the
2 24 agreement shall be given to the employee and a copy
2 25 placed in the employee's personnel file.
2 26 c. If an employer and employee are unable to agree
2 27 on the amount of time, the location, or both for the
2 28 employee to express breast milk, the employee may file
2 29 a written or electronic complaint using a form provided
2 30 by the Iowa civil rights commission on its internet
2 31 site.
2 32 Sec. 4. NEW SECTION. 216.6B Employment
2 33 accommodation == expressing breast milk.
2 34 1. It shall be the responsibility of the commission
2 35 to investigate and issue civil penalties and remedies,
2 36 relating to the provisions of section 91F.3 pertaining
2 37 to the right of an employee to express breast milk
2 38 in the workplace, as appropriate pursuant to section
2 39 216.15C.
2 40 2. The commission shall develop a complaint form
2 41 to be available on the commission's internet site that
2 42 pertains to the right of an employee to express breast
2 43 milk in the workplace, pursuant to section 91F.3.
2 44 Sec. 5. NEW SECTION. 216.15C Investigation and
2 45 hearing == expressing breast milk in the workplace.
2 46 1. Upon receipt by the commission of a completed
2 47 and signed complaint form from an aggrieved employee
2 48 pursuant to section 216.6B, an authorized member of
2 49 the commission shall commence an investigation within
2 50 five days of receiving the complaint. The commission's
3 1 investigation is not to be construed as a contested
3 2 case as defined in section 17A.2.
3 3 2. The investigating member of the commission shall
3 4 provide notice in writing using regular or electronic
3 5 mail to the employer of the allegations contained in
3 6 the complaint and shall request a response from the
3 7 employer within ten days from the date of notice. This
3 8 period may be extended by the investigating member of
3 9 the commission for good cause.
3 10 3. If the employer fails to respond to the
3 11 investigating member of the commission's request for
3 12 response within the established time, the investigating
3 13 member of the commission may determine the employee's
3 14 claim to be enforceable.
3 15 4. If the employer answers the investigating
3 16 member of the commission's request for response
3 17 within the established time, the investigating
3 18 member of the commission shall notify the aggrieved
3 19 employee in writing using regular or electronic mail
3 20 of the employer's response and afford the employee
3 21 an opportunity to present additional information
3 22 in support of the employee's complaint pursuant to
3 23 section 91F.3. The employee shall submit the requested
3 24 additional information within ten days from the
3 25 date of notice. This period may be extended by the
3 26 investigating member of the commission for good cause.
3 27 5. Upon receipt of the requested additional
3 28 information from the employee, the commission may
3 29 determine additional information is required from the
3 30 employer and shall provide notice in writing using
3 31 regular or electronic mail to the employer of the
3 32 request and require a response within ten days from the
3 33 date of notice.
3 34 6. The members of the commission and its staff
3 35 shall not disclose the filing of a complaint or the
3 36 information gathered during the investigation, unless
3 37 such disclosure is made in connection with the conduct
3 38 of such investigation.
3 39 7. a. Within five days upon receipt of all
3 40 requested information, the investigating member of
3 41 the commission may determine the employee's complaint
3 42 to be enforceable and the commission shall notify
3 43 the employer in writing using regular or electronic
3 44 mail of that determination. Should the investigating
3 45 member of the commission determine that the complaint
3 46 is unenforceable, the commission shall so notify the
3 47 employee in writing using regular or electronic mail.
3 48 The determination constitutes final agency action.
3 49 b. Upon determination that a complaint pursuant
3 50 to section 91F.3 is enforceable, the commission
4 1 shall notify the employer in writing using regular or
4 2 electronic mail of that determination and afford the
4 3 employer an opportunity to comply with the provisions
4 4 of section 91F.3 within ten days of the date of notice
4 5 prior to initiating judicial proceedings.
4 6 c. After the employer has received notice of the
4 7 decision and the ten=day compliance period has expired,
4 8 the commission may also impose a minimum civil penalty
4 9 of one hundred dollars and a maximum civil penalty of
4 10 five hundred dollars for each day that the respondent
4 11 was not in compliance with section 91F.3 and each day
4 12 the respondent remains out of compliance with section
4 13 91F.3 as ordered by the commission. The maximum
4 14 civil penalty shall be assessed only if the commission
4 15 determines that the respondent has been found in
4 16 violation of section 91F.3, subsections 1 and 2. The
4 17 aggregate civil penalty assessed shall not exceed five
4 18 thousand dollars. Civil penalties collected pursuant
4 19 to this paragraph shall be deposited in the general
4 20 fund of the state.
4 21 8. The commission shall establish rules to govern,
4 22 expedite, and effectuate the procedures established by
4 23 this section and its own actions thereunder.>
4 24 #2. Title page, line 3, after <milk> by inserting <,
4 25 and providing penalties and remedies>
WILLEMS of Linn
SF2270.2277 (4) 83
ak/rj/mb
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