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 -1-