House Amendment 8487


PAG LIN

     1  1    Amend  the amendment, H=8443, to Senate File 2270, as
     1  2 passed by the Senate, as follows:
     1  3 #1.  By striking page 1, line 5, through page 4, line
     1  4 25, and inserting:
     1  5    <<Section 1.  NEW SECTION.  135.30B  Short title.
     1  6    This section and sections 135.30C through 135.30F
     1  7 shall be known and may be cited as the "Family Friendly
     1  8 Workplace Act".
     1  9    Sec. 2.  NEW SECTION.  135.30C  Definitions.
     1 10    1.  "Employer" means a person engaged in a business
     1 11 that has one or more employees and also includes the
     1 12 state of Iowa, a department or agency thereof, and any
     1 13 political subdivision of the state.
     1 14    2.  "Reasonable efforts" means any effort that would
     1 15 not impose an undue hardship on the operation of the
     1 16 employer's business.
     1 17    3.  "Undue hardship" means any action that requires
     1 18 significant difficulty, compromises the safety of other
     1 19 employees, requires temporary facility closure, or
     1 20 results in expenditures exceeding five hundred dollars,
     1 21 exclusive of the costs of additional labor or unpaid
     1 22 leave costs.
     1 23    Sec. 3.  NEW SECTION.  135.30D  Right to express
     1 24 breast milk in workplace == private location.
     1 25    1.  An employer shall provide reasonable unpaid
     1 26 break time or permit an employee to use paid break
     1 27 time, meal time, or both, each day, to allow the
     1 28 employee to express breast milk for the employee's
     1 29 nursing child for up to two years after the child's
     1 30 birth.
     1 31    2.  The employer shall make reasonable efforts
     1 32 to provide a place, other than a toilet stall, which
     1 33 is shielded from view and free from intrusion from
     1 34 coworkers and the public, that may be used by an
     1 35 employee to express breast milk in privacy.
     1 36    3.  The department shall provide on its internet
     1 37 site information and links to other internet sites
     1 38 where employers can access information regarding
     1 39 methods to accommodate employees who express breast
     1 40 milk in the workplace. The department shall consult
     1 41 with appropriate organizations or associations to
     1 42 determine the appropriate information and internet site
     1 43 links so as to provide employers with the most accurate
     1 44 and useful information 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 department on its internet site.
     2 31    Sec. 4.  NEW SECTION.  135.30E  Employment
     2 32 accommodation == expressing breast milk.
     2 33    1.  It shall be the responsibility of the director
     2 34 or the director's designee to investigate and
     2 35 issue civil penalties and remedies, relating to the
     2 36 provisions of section 135.30D pertaining to the right
     2 37 of an employee to express breast milk in the workplace,
     2 38 as appropriate pursuant to section 135.30F.
     2 39    2.  The director or the director's designee shall
     2 40 develop a complaint form to be available on the
     2 41 department's internet site that pertains to the right
     2 42 of an employee to express breast milk in the workplace,
     2 43 pursuant to section 135.30D.
     2 44    Sec. 5.  NEW SECTION.  135.30F  Investigation and
     2 45 hearing == expressing breast milk in the workplace.
     2 46    1.  Upon receipt by the director or the director's
     2 47 designee of a completed and signed complaint form from
     2 48 an aggrieved employee pursuant to section 135.30E, the
     2 49 director shall authorize an investigator to commence
     2 50 an investigation within five days of receiving the
     3  1 complaint. The department's investigation is not to
     3  2 be construed as a contested case as defined in section
     3  3 17A.2.
     3  4    2.  The investigator shall provide notice in writing
     3  5 using regular or electronic mail to the employer of
     3  6 the allegations contained in the complaint and shall
     3  7 request a response from the employer within ten days
     3  8 from the date of notice.  This period may be extended
     3  9 by the investigator.
     3 10    3.  If the employer fails to respond to the
     3 11 investigator's request for response within the
     3 12 established time, the investigator may determine the
     3 13 employee's claim to be enforceable.
     3 14    4.  If the employer answers the investigator's
     3 15 request for response within the established time,
     3 16 the investigator shall notify the aggrieved employee
     3 17 in writing using regular or electronic mail of
     3 18 the employer's response and afford the employee an
     3 19 opportunity to present additional information in
     3 20 support of the employee's complaint pursuant to section
     3 21 135.30D.  The employee shall submit the requested
     3 22 additional information within ten days from the
     3 23 date of notice. This period may be extended by the
     3 24 investigator.
     3 25    5.  Upon receipt of the requested additional
     3 26 information from the employee, the investigator may
     3 27 determine additional information is required from the
     3 28 employer and shall provide notice in writing using
     3 29 regular or electronic mail to the employer of the
     3 30 request and require a response within ten days from the
     3 31 date of notice.
     3 32    6.  The department and its staff shall not disclose
     3 33 the filing of a complaint or the information gathered
     3 34 during the investigation, unless such disclosure
     3 35 is made in connection with the conduct of such
     3 36 investigation.
     3 37    7.  a.  Within five days upon receipt of all
     3 38 requested information, the investigator may determine
     3 39 the employee's complaint to be enforceable and the
     3 40 department shall notify the employer in writing using
     3 41 regular or electronic mail of that determination.
     3 42 Should the investigator determine that the complaint
     3 43 is unenforceable, the department shall so notify the
     3 44 employee in writing using regular or electronic mail.
     3 45 The determination constitutes final agency action.
     3 46    b.  Upon determination that a complaint pursuant
     3 47 to section 135.30D is enforceable, the department
     3 48 shall notify the employer in writing using regular or
     3 49 electronic mail of that determination and afford the
     3 50 employer an opportunity to comply with the provisions
     4  1 of section 135.30D within ten days of the date of
     4  2 notice prior to initiating judicial proceedings.
     4  3    c.  After the employer has received notice of the
     4  4 decision and the ten=day compliance period has expired,
     4  5 the department may also impose a minimum civil penalty
     4  6 of one hundred dollars and a maximum civil penalty of
     4  7 five hundred dollars for each day that the respondent
     4  8 was not in compliance with section 135.30D and each day
     4  9 the respondent remains out of compliance with section
     4 10 135.30D as ordered by the department. The maximum
     4 11 civil penalty shall be assessed only if the department
     4 12 determines that the respondent has been found in
     4 13 violation of section 135.30D, subsections 1 and 2. The
     4 14 aggregate civil penalty assessed shall not exceed five
     4 15 thousand dollars. Civil penalties collected pursuant
     4 16 to this paragraph shall be deposited in the general
     4 17 fund of the state.
     4 18    8.  The department shall establish rules to govern,
     4 19 expedite, and effectuate the procedures established by
     4 20 this section and its own actions thereunder.>
     4 21    ___.  Title page, line 2, after <milk> by inserting
     4 22 <, and providing penalties and remedies>>


                                        
          TYMESON of Madison
          H8443.2411 (4) 83
          ak/rj

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