Senate File 507 H-1157 Amend Senate File 507, as passed by the Senate, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 7E.5, subsection 1, paragraph h, Code 4 2019, is amended to read as follows: 5 h. The department of workforce development, created 6 in section 84A.1 , which has primary responsibility for 7 administering the laws relating to unemployment compensation 8 insurance, job placement and training, employment safety, labor 9 standards, workers’ compensation, the family leave and medical 10 insurance program, and related matters. 11 Sec. 2. NEW SECTION . 96A.1 Short title. 12 This chapter may be cited as the “Iowa Family and Medical 13 Leave Act” . 14 Sec. 3. NEW SECTION . 96A.2 Definitions. 15 As used in this chapter, unless the context otherwise 16 requires: 17 1. “Child” means a biological, adopted, or foster child, 18 a stepchild, a legal ward, or a child of a person standing in 19 loco parentis, regardless of the child’s age or dependency 20 status. 21 2. “Covered employer” means a private sector employer who 22 has ten or more employees for each working day during each of 23 twenty or more calendar workweeks in the current or previous 24 calendar year and a public employer without regard to the 25 number of employees employed. 26 3. “Department” means the department of workforce 27 development. 28 4. “Director” means the director of the department of 29 workforce development. 30 5. “Employee” means the same as defined in section 91A.2. 31 “Employee” does not include an independent contractor, a self- 32 employed person, or a patient or inmate employed by a state 33 or local institution to which the patient or inmate has been 34 sentenced or committed. 35 -1- SF507.1623 (2) 88 asf/rn 1/ 19 #1.

6. “Employer” means the same as defined in 91A.2. 1 “Employer” includes a temporary staffing agency or employment 2 agency. 3 7. “Employment benefits” means all benefits provided or 4 made available to an employee by an employer, including group 5 life insurance, health insurance, disability insurance, sick 6 leave, annual leave, educational benefits, and pensions except 7 benefits that are provided by a practice or written policy of 8 an employer or through an employee benefit plan as defined in 9 29 U.S.C. §1002(3). 10 8. “Family leave” means a leave taken from work by an 11 employee for any of the following reasons: 12 a. To participate in providing care, including physical or 13 psychological care, for a family member of the employee made 14 necessary by a serious health condition of the family member. 15 b. To bond with the employee’s child after the child’s 16 birth or with a child under the age of eighteen placed with the 17 employee for adoption or foster care. 18 c. Because of a qualifying exigency for a family member as 19 permitted under the federal Family and Medical Leave Act of 20 1993, as amended, and federal regulations as provided in 29 21 C.F.R. §825.126. 22 9. “Family member” means a child, parent, or spouse of an 23 employee. 24 10. “Gross earnings” means the same as defined in section 25 85.61. 26 11. “Health care provider” means a physician or other 27 health care practitioner licensed, accredited, registered, or 28 certified to perform specified health care services consistent 29 with state law. 30 12. “In loco parentis” means an individual who has 31 day-to-day responsibilities to care for or financially support 32 a child. 33 13. “Inpatient care” means an overnight stay in a hospital, 34 hospice, or residential medical care facility, including any 35 -2- SF507.1623 (2) 88 asf/rn 2/ 19

period of incapacity, or any subsequent treatment in connection 1 with such inpatient care. 2 14. “Medical leave” means a leave from work taken by an 3 employee made necessary by the employee’s own serious health 4 condition. 5 15. “Parent” means a biological, adoptive, step, or foster 6 father or mother, or any other individual who stands in 7 loco parentis to an employee or who stood in loco parentis 8 when the employee was a child. “Parent” does not include a 9 parent-in-law. 10 16. “Period of incapacity” means an inability to work, 11 attend school, or perform other regular daily activities due 12 to a serious health condition, treatment of a serious health 13 condition, or recovery from a serious health condition. 14 17. “Premium” or “premiums” means the payments required by 15 section 96A.12 and paid to the department for deposit in the 16 family and medical leave insurance account pursuant to section 17 96A.22. 18 18. “Public employer” means the state of Iowa, its 19 boards, commissions, agencies, departments, and its political 20 subdivisions including school districts and other special 21 purpose districts. 22 19. “Serious health condition” means an illness, injury, 23 impairment, physical condition, or mental condition that 24 involves inpatient care in a hospital, hospice, medical care 25 facility, or continued treatment or continuing supervision by 26 a health care provider. 27 20. “Spendable weekly earnings” means the amount remaining 28 after payroll taxes are deducted from an employee’s gross 29 weekly earnings. 30 21. “Spouse” means the person with whom an individual has 31 entered into marriage as defined or recognized under state law 32 for purposes of marriage in the state in which the marriage 33 was entered into or, in the case of a marriage entered into 34 outside of any state, if the marriage is valid in the place 35 -3- SF507.1623 (2) 88 asf/rn 3/ 19

where the marriage was entered into and the marriage could have 1 been entered into in at least one state, including a same sex 2 or common law marriage. 3 22. “Wages” means the same as defined in section 91A.2. 4 Sec. 4. NEW SECTION . 96A.3 Benefit eligibility. 5 An employee is eligible for family leave and medical leave 6 as provided in this chapter after working for a covered 7 employer for both a minimum of twelve consecutive months 8 immediately preceding the employee’s request for leave and a 9 minimum of one thousand two hundred fifty hours during that 10 twelve-consecutive-month period. 11 Sec. 5. NEW SECTION . 96A.4 Leave entitlement for a defined 12 twelve-month period. 13 1. An employee is entitled to a maximum of twelve weeks 14 of family leave during a defined period of twelve consecutive 15 months. 16 2. An employee is entitled to a maximum of twelve weeks of 17 medical leave during a defined period of twelve consecutive 18 months unless the employee experiences a serious health 19 condition, which is pregnancy-related, that results in a longer 20 period of incapacity in which case any extended medical leave 21 beyond twelve weeks shall conform with section 216.6. 22 3. An employee is entitled to a maximum combined total of 23 paid family leave and medical leave of sixteen weeks during a 24 defined period of twelve consecutive months. 25 4. An employee is not entitled to family leave or medical 26 leave of less than eight consecutive hours. 27 Sec. 6. NEW SECTION . 96A.5 Calculating the defined 28 twelve-month period. 29 The defined period of twelve consecutive months for 30 calculation of an eligible employee’s family leave or medical 31 leave entitlement begins on any of the following: 32 1. The date of birth of an employee’s child or the date 33 of placement of a child for adoption or foster care with the 34 employee. 35 -4- SF507.1623 (2) 88 asf/rn 4/ 19

2. The first day of family leave that an employee takes for 1 a family member’s serious health condition or a family member’s 2 qualifying exigency. 3 3. The first day of medical leave. 4 Sec. 7. NEW SECTION . 96A.6 Disqualification from leave 5 entitlement. 6 An eligible employee is disqualified for family leave or 7 medical leave benefits under this chapter for any of the 8 following: 9 1. An absence due to the employee’s willful intention to 10 injure or cause a sickness to the employee or to the employee’s 11 family member. 12 2. An injury or sickness caused by the employee engaging in 13 an illegal act. 14 3. The employee’s absence due to an employer taking any 15 disciplinary action against the employee. 16 Sec. 8. NEW SECTION . 96A.7 Employee notice to employer of 17 intent to take leave. 18 1. If leave for the birth of a child or placement of a child 19 for adoption or foster care with an employee is foreseeable, 20 the employee shall provide written notice not less than thirty 21 calendar days before the date the leave is to begin. 22 2. If the birth of a child or placement of a child for 23 adoption or foster care with an employee requires leave to 24 begin in less than thirty calendar days, the employee shall 25 provide written notice as far in advance as is practicable. 26 3. If leave for a family member’s serious health condition 27 or an employee’s serious health condition is foreseeable based 28 on planned medical treatment, the employee shall do all of the 29 following: 30 a. Make a reasonable effort to schedule such medical 31 treatment, subject to the recommendation of the employee’s or 32 family member’s health care provider as appropriate, to not 33 unduly disrupt the operations of the employer. 34 b. Provide the employer with not less than thirty calendar 35 -5- SF507.1623 (2) 88 asf/rn 5/ 19

days prior written notice of the employee’s intention to take 1 leave for a family member’s serious health condition or the 2 employee’s serious health condition. 3 4. If leave for a family member’s serious health condition 4 or an employee’s serious health condition is not foreseeable, 5 the employee shall provide written notice as far in advance as 6 is practicable. 7 Sec. 9. NEW SECTION . 96A.8 Weekly claim, certification, and 8 verification. 9 Beginning January 1, 2024, family leave or medical leave 10 insurance benefits are payable to an employee during a period 11 in which the employee is unable to perform the employee’s 12 regular or customary work because the employee is on family 13 leave or medical leave if the employee meets all of the 14 following requirements: 15 1. The employee files a weekly claim for benefits with the 16 department as required per rules adopted by the director. 17 2. The employee meets the eligibility requirements pursuant 18 to section 96A.3 or the elective coverage requirements pursuant 19 to section 96A.14. 20 3. The employee consents to the disclosure of information or 21 records that may be deemed private or confidential under state 22 or federal law. Disclosure of such information and records by 23 another state agency or an employer to the department shall 24 be solely for purposes related to the administration of this 25 chapter. Information and records disclosed by an employee 26 under this chapter shall not be public records as defined in 27 section 22.1. 28 4. The employee authorizes the health care provider of the 29 employee’s family member or of the employee, as applicable, to 30 complete a certification of a serious health condition in a 31 form as required by the director. 32 5. The employee attests that written notice has been 33 provided to the employee’s employer per section 96A.7. 34 6. The employee provides documentation of a family member’s 35 -6- SF507.1623 (2) 88 asf/rn 6/ 19

qualifying exigency if requested by the employee’s employer. 1 Sec. 10. NEW SECTION . 96A.9 Waiting period for leave 2 benefits. 3 Family leave or medical leave insurance benefits shall be 4 payable to an eligible employee following a waiting period 5 consisting of the first seven calendar days of leave. However, 6 no such waiting period applies to a leave for the birth or 7 placement of a child with an eligible employee. 8 Sec. 11. NEW SECTION . 96A.10 Weekly leave benefit amount. 9 1. The basis for the calculation of a leave benefit amount 10 shall be the weekly earnings of an eligible employee on the 11 day the leave is granted. “Weekly earnings” means the gross 12 earnings of an employee to which such employee would have been 13 entitled had the employee worked the employee’s customary hours 14 for the full pay period in which the employee is on family 15 leave or medical leave. Weekly earnings shall be computed as 16 follows, rounded to the nearest dollar, for an employee who is 17 paid on the following basis: 18 a. On a weekly pay period basis, the weekly earnings are the 19 weekly gross earnings. 20 b. On a biweekly pay period basis, the weekly earnings are 21 one-half of the biweekly gross earnings. 22 c. On a semimonthly pay period basis, the weekly earnings 23 are the semimonthly gross earnings multiplied by twenty-four 24 and then divided by fifty-two. 25 d. On a monthly pay period basis, the weekly earnings 26 are the monthly gross earnings multiplied by twelve and then 27 divided by fifty-two. 28 e. On a yearly pay period basis, the weekly earnings shall 29 be the yearly earnings divided by fifty-two. 30 f. On a daily or hourly basis, or by the output of an 31 employee, the weekly earnings shall be computed by dividing by 32 thirteen the earnings, including shift differential pay but 33 not including overtime or premium pay, of the employee earned 34 in the last completed period of thirteen consecutive calendar 35 -7- SF507.1623 (2) 88 asf/rn 7/ 19

weeks immediately preceding the start day of the leave. If 1 the employee was absent from employment for personal reasons 2 during part of the thirteen calendar weeks preceding the 3 leave, the employee’s weekly earnings shall be the amount the 4 employee would have earned had the employee worked when work 5 was available to other employees of the employer in a similar 6 occupation. A week that does not fairly reflect the employee’s 7 customary earnings shall be replaced by the closest previous 8 week with earnings that fairly represent the employee’s 9 customary earnings. 10 2. If on the date that leave begins an employee’s hourly 11 earnings cannot be ascertained, the earnings for the purpose 12 of calculating the benefit amount shall be the usual earnings 13 for similar services where such services are rendered by paid 14 employees. 15 3. If an employee earns either no wages or less than the 16 usual weekly earnings of a regular full-time adult laborer 17 in the line of work in which the employee is working in 18 that locality, the weekly earnings shall be one-fiftieth of 19 the total earnings which the employee has earned from all 20 employment during the twelve consecutive calendar months 21 immediately preceding the date that the employee’s leave 22 begins. 23 4. The weekly leave benefit amount payable to an employee 24 for any one week shall be eighty percent of the employee’s 25 spendable weekly earnings, but shall not exceed an amount equal 26 to two hundred percent of the statewide average weekly wage 27 paid to employees as determined by the department pursuant to 28 section 96.19 and in effect on the date that the employee’s 29 leave commences. However, the weekly leave benefit amount 30 shall be a minimum equal to the lesser of the weekly leave 31 benefit amount of a person whose gross weekly earnings are 32 thirty-five percent of the statewide average weekly wage, or to 33 the spendable weekly earnings of the employee. 34 Sec. 12. NEW SECTION . 96A.11 Payment of benefits to an 35 -8- SF507.1623 (2) 88 asf/rn 8/ 19

eligible employee. 1 1. The department shall send the first benefit payment to 2 an employee within ten calendar days after the first properly 3 completed weekly claim from the employee is received by 4 the department. Subsequent payments shall be sent at least 5 biweekly to an eligible employee if a properly completed weekly 6 claim from the employee is received by the department. 7 2. If an employer contests an employee’s initial claim 8 for family leave or medical leave benefits, the employer must 9 notify the employee and the department in the manner prescribed 10 by the director within ten calendar days of the employer’s 11 receipt of notice from the department of the employee’s filing 12 of a claim for benefits pursuant to section 96A.21, subsection 13 3. Failure to timely contest an initial application shall 14 constitute a waiver of objection to the family leave or medical 15 leave claim. 16 3. If the department or the employer contests an employee’s 17 eligibility for benefits after the employee begins receiving 18 benefits the employee shall continue to be paid benefits 19 conditionally for any weeks for which the employee files a 20 claim for benefits. The employee’s right to retain such 21 benefit payments shall be conditioned upon the department’s 22 finding that the employee is eligible for such benefit 23 payments. 24 a. At an employee’s request, the department shall hold 25 conditional benefit payments until the department resolves the 26 employee’s eligibility status. 27 b. Payment shall be issued promptly for any withheld benefit 28 payments if the department determines that an employee is 29 eligible for benefits. 30 c. If the department determines that an employee is 31 ineligible for the conditionally paid benefits, the employee 32 shall repay the overpayment per rules as adopted by the 33 director. 34 Sec. 13. NEW SECTION . 96A.12 Funding the family leave and 35 -9- SF507.1623 (2) 88 asf/rn 9/ 19

medical leave insurance program. 1 1. Beginning on January 1, 2022, and ending December 2 31, 2023, the department shall assess for each employee 3 in employment with a covered employer a premium rate of 4 four-tenths of one percent of an employee’s wages based on the 5 amount of the individual’s wages, subject to subsection 6. 6 a. The premium rate for family leave benefits shall be equal 7 to one-third of the total premium rate. 8 b. The premium rate for medical leave benefits shall be 9 equal to two-thirds of the total premium rate. 10 2. For calendar year 2024 and subsequent calendar years the 11 director shall determine the percentage of paid claims related 12 to family leave benefits and the percentage of paid claims 13 related to medical leave benefits and adjust the premium rates 14 set in subsection 1 by the proportional share of claims paid 15 for both types of leave. 16 3. For family leave premiums a covered employer may deduct 17 up to forty-five percent of the full amount of the required 18 premiums from the wages of each employee. The remaining 19 fifty-five percent of the required premiums shall be paid by 20 the covered employer. 21 4. For medical leave premiums a covered employer may deduct 22 up to forty-five percent of the full amount of the required 23 premiums from the wages of each employee. The remaining 24 fifty-five percent of the required premiums shall be paid by 25 the covered employer. 26 5. A covered employer may elect to pay all or any portion of 27 the employee’s share of the premiums for family leave benefits 28 or medical leave benefits or both. 29 6. The director shall annually set a maximum limit on the 30 amount of an employee’s wages that are subject to a premium 31 assessment under this section that is equal to the contribution 32 and benefit base for the calendar year as determined by the 33 United States social security administration for purposes of 34 26 U.S.C. §3121(a). 35 -10- SF507.1623 (2) 88 asf/rn 10/ 19

7. For calendar year 2024 and subsequent calendar years, 1 the total premium rate shall be based on the family leave and 2 medical leave insurance account balance ratio as of September 3 30 of the previous year. The director shall calculate the 4 account balance ratio by dividing the balance of the family 5 leave and medical leave insurance account by the total wages 6 paid by covered employers. The division shall be carried 7 to the fourth decimal place with the remaining fraction 8 disregarded unless it amounts to five hundred thousandths or 9 more in which case the fourth decimal place shall be rounded 10 to the next higher digit. If the family leave and medical 11 leave insurance account balance ratio is any of the following 12 percentages, the premium shall be the following percentage of 13 an employee’s wages subject to a premium assessment: 14 a. If the ratio is zero to nine hundredths of one percent, 15 the premium shall be six-tenths of one percent. 16 b. If the ratio is one-tenth of one percent to nineteen 17 hundredths of one percent, the premium shall be five-tenths of 18 one percent. 19 c. If the ratio is two-tenths of one percent to twenty-nine 20 hundredths of one percent, the premium shall be four-tenths of 21 one percent. 22 d. If the ratio is three-tenths of one percent to 23 thirty-nine hundredths of one percent, the premium shall be 24 three-tenths of one percent. 25 e. If the ratio is four-tenths of one percent to forty-nine 26 hundredths of one percent, the premium shall be two-tenths of 27 one percent. 28 f. If the ratio is five-tenths of one percent or greater, 29 the premium shall be one-tenth of one percent. 30 8. Beginning January 1, 2024, if the account balance ratio 31 calculated in subsection 7 is below five hundredths of one 32 percent, the director shall assess a solvency surcharge at 33 the lowest rate necessary to provide revenue to pay for the 34 administrative and benefit costs of family leave and medical 35 -11- SF507.1623 (2) 88 asf/rn 11/ 19

leave insurance for the calendar year. The solvency surcharge 1 shall be at least one-tenth of one percent and no more than 2 six-tenths of one percent and shall be added to the total 3 premium rate assessed to each employee of a covered employer 4 for family leave and medical leave benefits. 5 9. A covered employer shall collect all required premiums 6 and surcharges from the employer’s employees through payroll 7 deductions and shall remit the amount collected and the amount 8 to be paid by the employer to the department as required by 9 rules adopted by the director. 10 10. On September 30 of each year the department shall 11 average the number of employees reported by an employer over 12 the last four completed calendar quarters to determine the 13 number of employees employed by the employer for the purpose 14 of determining if an employer shall be considered a covered 15 employer for the next calendar year. 16 Sec. 14. NEW SECTION . 96A.13 Waiver of premium for 17 out-of-state employee. 18 1. An employer may file an application with the department 19 for a conditional waiver of the payment of family leave and 20 medical leave premiums assessed under section 96A.12 for an 21 employee who meets all of the following requirements: 22 a. The employee is physically based outside of the state. 23 b. The employee is physically working in the state on a 24 limited or temporary work schedule. 25 c. The employee is not expected to be physically working 26 in the state for one thousand two hundred fifty hours or more 27 during any consecutive twelve-month period. 28 2. The department shall approve an application that is 29 signed by both the employee and the employee’s employer 30 attesting to compliance with the requirements of subsection 1. 31 3. If the employee physically works in the state for one 32 thousand two hundred fifty hours or more in any consecutive 33 twelve-month period, the conditional waiver shall expire and 34 the employer and employee shall be responsible for all premiums 35 -12- SF507.1623 (2) 88 asf/rn 12/ 19

pursuant to section 96A.12 for the consecutive twelve-month 1 period in which the employee worked one thousand two hundred 2 fifty hours or more. Upon submission of the premiums by the 3 employer to the department, the employee shall be credited for 4 the hours worked during that consecutive twelve-month period 5 and shall be eligible for benefits under this chapter. 6 Sec. 15. NEW SECTION . 96A.14 Self-employed persons elective 7 participation in the family leave and medical leave insurance 8 program. 9 1. A self-employed person electing to participate in the 10 family leave and medical leave insurance program shall be 11 considered either an employer or employee under this chapter as 12 the context so dictates. 13 2. For benefits payable beginning January 1, 2024, a 14 self-employed person may elect to participate in the family 15 leave and medical leave insurance program under this chapter 16 if the self-employed person meets all of the following 17 requirements: 18 a. The initial participation period for the self-employed 19 person must be a minimum of three years. 20 b. Any subsequent period of participation by the 21 self-employed person must be for a minimum of one year. 22 c. The self-employed person must participate in both family 23 leave and medical leave. 24 d. One hundred percent of all premiums assessed under 25 section 96A.12 shall be paid by the self-employed person. 26 3. A self-employed person shall file a written notice of 27 election of elective coverage with the department in the manner 28 required by the director. 29 4. A self-employed person shall be eligible for 30 family leave and medical leave benefits after working one 31 thousand two hundred fifty hours in the state during the 32 twelve-consecutive-month period immediately following the date 33 of the written notice the self-employed person filed pursuant 34 to subsection 3. 35 -13- SF507.1623 (2) 88 asf/rn 13/ 19

5. A self-employed person who has elected coverage may 1 withdraw from coverage within thirty calendar days after the 2 end of each participation period pursuant to subsection 2, 3 paragraph “a” or “b” , by filing a written notice of withdrawal 4 as required by the director. The withdrawal shall take effect 5 no sooner than thirty calendar days after the self-employed 6 person files the notice of withdrawal. 7 6. If a self-employed person fails to submit the required 8 premium payments, the department may cancel the person’s 9 elective coverage. The cancellation shall be effective no 10 sooner than thirty days from the date of a written notice 11 from the department to the self-employed person advising the 12 self-employed person of the impending cancellation of the 13 self-employed person’s elective coverage. The department shall 14 collect all due and unpaid premiums from the self-employed 15 person for the remainder of the participation period pursuant 16 to subsection 2, paragraph “a” or “b” . 17 Sec. 16. NEW SECTION . 96A.15 Employment protection. 18 1. An eligible employee who takes family leave or medical 19 leave under this chapter is entitled to any of the following on 20 the employee’s return from leave: 21 a. To be restored to the same position held by the employee 22 when the employee’s leave commenced. 23 b. To be restored to an equivalent position with equivalent 24 employment benefits, pay, and other terms and conditions of 25 employment. 26 2. As a condition of restoration under subsection 1 for an 27 employee who has taken medical leave, the employer may apply 28 a uniform policy to the employee that requires an employee to 29 provide certification from the employee’s health care provider 30 that the employee is able to resume work. 31 3. Taking leave under this chapter shall not result in the 32 loss of any employment benefits accrued by an employee prior to 33 the date on which the employee’s leave commenced. 34 4. This section shall not be construed to entitle a restored 35 -14- SF507.1623 (2) 88 asf/rn 14/ 19

employee to any of the following: 1 a. The accrual of any seniority or employment benefits 2 during any period of leave. 3 b. Any right, benefit, or position of employment other than 4 any right, benefit, or position of employment to which the 5 employee would have been entitled had the employee not taken 6 leave. 7 5. This section shall not be construed to prohibit an 8 employer from requiring an employee on leave to report 9 periodically to the employer on the status and intention of the 10 employee to return to work. 11 6. An employer may deny restoration under this section to 12 a salaried employee who is among the ten percent highest-paid 13 employees employed by the employer within seventy-five miles 14 of the facility at which the employee is employed if all of the 15 following apply: 16 a. Denial of restoration is necessary to prevent substantial 17 and grievous economic injury to the operations of the employer. 18 b. The employer notifies the employee of the intent of the 19 employer to deny restoration on such basis at the time the 20 employer determines such basis exists. 21 c. The employee is on leave and elects not to return 22 to employment after receiving the employer’s notice of the 23 employer’s intent not to restore the employee. 24 7. This section shall not be construed as providing an 25 employee greater restoration rights than those required under 26 the federal Family and Medical Leave Act of 1993, as amended. 27 Sec. 17. NEW SECTION . 96A.16 Maintenance of existing health 28 benefits. 29 If required by the federal Family and Medical Leave 30 Act of 1993, as amended, an employer shall maintain any 31 existing health benefits of an employee for the duration of 32 an employee’s leave under this chapter. If the employer and 33 the employee normally share the cost of such existing health 34 benefits, the employee shall remain responsible for the 35 -15- SF507.1623 (2) 88 asf/rn 15/ 19

employee’s share of the cost of such. 1 Sec. 18. NEW SECTION . 96A.17 Employer submission of reports 2 and maintenance of records. 3 1. As specified by the director and in the form and at the 4 time as required by the director, an employer shall submit 5 reports and furnish information related to the family leave and 6 medical leave insurance program to the director. 7 2. An employer shall maintain at the employer’s primary 8 place of business a record of employment for each employee from 9 which any information needed by the department for purposes of 10 this chapter may be obtained. Such record shall be maintained 11 for ten years from the date on which an eligible employee 12 applies for family leave or medical leave under this chapter. 13 The record shall be open for inspection by the director at all 14 times. All personnel and employee medical records shall be 15 maintained by the employer in compliance with all applicable 16 federal and state laws. 17 Sec. 19. NEW SECTION . 96A.18 Coordination of family leave 18 and medical leave with other laws and with employer policies. 19 1. Family leave or medical leave taken by an employee under 20 this chapter shall be in addition to any leave available to 21 an employee as required by applicable state or federal law 22 for sickness or temporary disability because of pregnancy or 23 childbirth. 24 2. Family leave or medical leave taken by an employee under 25 this chapter shall be taken concurrently with any leave taken 26 under the federal Family and Medical Leave Act of 1993, as 27 amended. 28 3. An employer may allow an employee who has accrued 29 vacation, sick, or other paid time off to choose to use either 30 such accrued time or to receive paid family leave or medical 31 leave insurance benefits under this chapter. 32 Sec. 20. NEW SECTION . 96A.19 Relationship to other state 33 and federal benefits. 34 In any week an employee is eligible to receive benefits under 35 -16- SF507.1623 (2) 88 asf/rn 16/ 19

chapter 85, 85A, 85B, or 96, or any other applicable state or 1 federal unemployment compensation, workers’ compensation, or 2 disability insurance laws, the employee is disqualified from 3 receiving family leave or medical leave insurance benefits 4 under this chapter. 5 Sec. 21. NEW SECTION . 96A.20 Discrimination prohibited. 6 This chapter shall not be construed to modify or affect any 7 federal, state, or local law prohibiting discrimination on the 8 basis of age, race, creed, color, sex, sexual orientation, 9 gender identity, national origin, religion, disability, or 10 other protected category. 11 Sec. 22. NEW SECTION . 96A.21 Department to administer 12 family leave and medical leave insurance program and conduct 13 outreach. 14 1. The director shall establish and administer the family 15 leave and medical leave insurance program and disburse family 16 leave and medical leave benefits to an eligible employee as 17 specified in this chapter. 18 2. The director shall establish procedures and forms for 19 an employee to file an application for benefits under this 20 chapter. 21 3. The department shall notify an employer within five 22 business days of an employee filing a claim for family leave or 23 medical leave insurance benefits. 24 4. Information and records pertaining to an employee under 25 this chapter that are maintained by the department shall 26 be confidential and shall only be available to department 27 personnel in the performance of official duties. 28 5. The director shall develop and implement an outreach 29 program to ensure that employers and employees are aware of 30 the family leave and medical leave insurance program and are 31 aware of the leave benefits available to eligible employees. 32 Outreach information shall explain in an easy-to-understand 33 format all of the following: 34 a. Eligibility requirements. 35 -17- SF507.1623 (2) 88 asf/rn 17/ 19

b. The application process. 1 c. How weekly benefits are calculated and the minimum and 2 maximum weekly benefit amount. 3 d. Restoration rights. 4 e. Nondiscrimination rights. 5 f. Confidentiality. 6 g. The relationship between employment protection, leave 7 from employment, wage replacement benefits under this chapter 8 and other laws, and employer policies. 9 6. The department shall be authorized to inspect and audit 10 an employer’s files and records relating to the family leave 11 and medical leave insurance program under this chapter. 12 Sec. 23. NEW SECTION . 96A.22 Family leave and medical leave 13 insurance account. 14 1. The family leave and medical leave insurance account 15 is created as a separate account in the state treasury in the 16 custody of the treasurer of state. 17 2. The director shall deposit all receipts from premiums 18 imposed under this chapter into such account. Expenditures 19 from the account shall be used only for the purposes of the 20 family leave and medical leave insurance program and only as 21 authorized by the director. 22 3. All premiums deposited in the account shall remain in 23 the account until expended pursuant to the requirements of this 24 chapter. 25 Sec. 24. NEW SECTION . 96A.23 Rules. 26 The director shall adopt rules pursuant to chapter 17A as 27 necessary to implement and administer this chapter. 28 Sec. 25. NEW SECTION . 96A.24 Enforcement. 29 The director may take any action under the director’s 30 authority to enforce compliance with this chapter. 31 Sec. 26. Section 84A.1, subsection 1, Code 2019, is amended 32 to read as follows: 33 1. The department of workforce development is created to 34 administer the laws of this state relating to unemployment 35 -18- SF507.1623 (2) 88 asf/rn 18/ 19

compensation insurance, job placement and training, employment 1 safety, labor standards, and workers’ compensation , and the 2 family leave and medical leave insurance program . 3 Sec. 27. DIRECTOR ANALYSIS OF FUNDING THE FAMILY LEAVE 4 AND MEDICAL LEAVE INSURANCE PROGRAM AND REPORT TO THE GENERAL 5 ASSEMBLY. The director of the department of workforce 6 development shall conduct an analysis of the family leave 7 and medical leave insurance program as funded pursuant to 8 section 96A.12, as enacted in this Act, and of the benefits 9 paid pursuant to section 96A.10, as enacted in this Act. The 10 director shall determine if the premium rates and benefit 11 levels are appropriate to fully fund and maintain the solvency 12 of the family leave and medical leave insurance account. 13 The director shall submit the director’s findings to the 14 general assembly pursuant to section 7A.11 no later than 15 January 14, 2020. > 16 2. Title page, by striking lines 1 through 3 and inserting 17 < An Act relating to a family leave and medical leave insurance 18 program that provides for paid, job-protected leave for certain 19 family leave and medical leave reasons for eligible employees 20 of specified employers. > 21 ______________________________ MEYER of Polk -19- SF507.1623 (2) 88 asf/rn 19/ 19 #2.