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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