House File 2603 - Introduced
HOUSE FILE
BY HOGG
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing unpaid leave for employees attending school
2 functions and providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5844YH 81
5 ec/je/5
PAG LIN
1 1 Section 1. NEW SECTION. 91F.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Child" means a biological, adopted, or foster child, a
1 5 stepchild, a legal ward, or a child of a person standing in
1 6 loco parentis who is under eighteen years of age or is
1 7 eighteen years of age or older and incapable of self=care
1 8 because of a mental or physical disability.
1 9 2. "Eligible employee" means an employee as defined in
1 10 section 91A.2 who has been employed for at least twelve months
1 11 by the employer with respect to whom leave is requested and
1 12 for at least one thousand two hundred fifty hours of service
1 13 with such employer during the previous twelve=month period.
1 14 3. "Employer" means a person, as defined in chapter 4, who
1 15 in this state employs for wages, paid on an hourly basis,
1 16 fifty or more natural persons.
1 17 4. "School function" includes a parent=teacher conference,
1 18 school program, or other volunteer activity at a school at
1 19 which the parent has a child attending.
1 20 Sec. 2. NEW SECTION. 91F.2 SCHOOL FUNCTION LEAVE
1 21 AUTHORIZED.
1 22 An eligible employee shall be entitled to a total of
1 23 eighteen hours of leave during any twelve=month period for the
1 24 purpose of attending school functions involving the eligible
1 25 employee's child.
1 26 Sec. 3. NEW SECTION. 91F.3 LEAVE REQUIREMENTS.
1 27 1. An employer shall not be required to pay an eligible
1 28 employee for any leave taken pursuant to section 91F.2.
1 29 However, an eligible employee taking a leave permitted by this
1 30 chapter may elect to substitute for leave allowed under this
1 31 chapter any of the employee's accrued vacation leave or other
1 32 accrued time off during such period or any other paid or
1 33 unpaid time off negotiated with the employer.
1 34 2. The employee shall provide the employer with reasonable
1 35 advance notice of the need for the school function leave.
2 1 Sec. 4. NEW SECTION. 91F.4 PENALTIES == ENFORCEMENT.
2 2 1. An employer shall not refuse to hire, discharge, fine,
2 3 suspend, expel, or discriminate against any individual for
2 4 exercising the individual's rights to take leave pursuant to
2 5 this chapter. Any action taken by an employer in violation of
2 6 this subsection shall be deemed an unfair employment practice
2 7 under section 216.6 and is subject to all applicable penalties
2 8 and remedies for an unfair employment practice pursuant to
2 9 chapter 216.
2 10 2. An employer who fails to grant a leave of absence
2 11 authorized by section 91F.2 shall be assessed a civil penalty
2 12 of one hundred dollars payable to the school district of the
2 13 aggrieved eligible employee. The labor commissioner, or the
2 14 labor commissioner's designee, may recover the civil penalty.
2 15 EXPLANATION
2 16 This bill provides that certain eligible employees shall be
2 17 entitled to take leave, including unpaid leave, for up to 18
2 18 hours in a 12=month period for the purpose of attending school
2 19 functions involving the employee's child. The bill provides
2 20 definitions for "eligible employee", "employer", "school
2 21 function", and "child". An "eligible employee" is defined as
2 22 a person employed for at least 12 months by the employer and
2 23 who had at least 1,250 hours of service with the employer in
2 24 the last 12 months. An "employer" is defined as a person who
2 25 employs, for hourly wages, fifty or more natural persons.
2 26 "School function" is defined to include parent=teacher
2 27 conferences, school programs, and other volunteer activities
2 28 at the school. The bill provides for how the leave will be
2 29 taken, whether paid or unpaid, and that an eligible employee
2 30 should provide advance notice that the leave may be taken.
2 31 The bill provides that any action by an employer in violation
2 32 of the bill is an unfair employment practice under the state
2 33 civil rights Act and subject to all applicable penalties and
2 34 remedies under that Act. In addition, the bill permits the
2 35 labor commissioner to assess a $100 civil penalty on an
3 1 employer who fails to grant a leave of absence payable to the
3 2 school district of the aggrieved employee.
3 3 LSB 5844YH 81
3 4 ec:nh/je/5.1