Senate File 2188 - Introduced SENATE FILE BY QUIRMBACH, DOTZLER, DANIELSON, KIBBIE, HOGG, GRONSTAL, COURTNEY, FRAISE, DEARDEN, DVORSKY, SCHMITZ, BEALL, CONNOLLY, and BOLKCOM Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing time off from work to attend presidential 2 precinct caucuses and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5790XS 82 5 ec/nh/8 PAG LIN 1 1 Section 1. Section 39A.5, subsection 1, paragraph b, Code 1 2 Supplement 2007, is amended by adding the following new 1 3 subparagraph: 1 4 NEW SUBPARAGRAPH. (4) As an employer, denying an employee 1 5 the privilege conferred by section 43.4A to attend a precinct 1 6 caucus, or subjecting an employee to a penalty because of the 1 7 exercise of that privilege. 1 8 Sec. 2. NEW SECTION. 43.4A EMPLOYEES ENTITLED TO TIME TO 1 9 PARTICIPATE IN PRESIDENTIAL PRECINCT CAUCUSES. 1 10 1. Any person entitled to participate in a precinct caucus 1 11 held as part of the presidential nominating process in this 1 12 state who is required to be present at work for an employer 1 13 during the four=hour period starting one hour prior to the 1 14 time the precinct caucus starts is entitled to take unpaid 1 15 leave for as much of that four=hour period as is necessary to 1 16 participate in the precinct caucus except as provided by this 1 17 section. Application by any employee for such absence shall 1 18 be made to the employee's employer individually and in writing 1 19 at least seventy=two hours prior to the time the precinct 1 20 caucus is scheduled to start. The employee shall not be 1 21 liable for any loss of wages or salary or any other penalty 1 22 except for the loss of wages or salary for the hours of unpaid 1 23 leave actually used. 1 24 2. a. An application for an absence by an employee may be 1 25 denied by an employer if all the following circumstances 1 26 exist: 1 27 (1) The person is employed in an emergency services 1 28 position which shall include peace officer, fire fighter, 1 29 emergency medical personnel, and any other position that 1 30 seriously affects public health or safety. 1 31 (2) The employer filed a written notice with the 1 32 commissioner at least seven days prior to the date of the 1 33 precinct caucus specifying exigent circumstances justifying 1 34 the denial of such leave for emergency services personnel and 1 35 declaring the minimum number of emergency services personnel, 2 1 by position, needed to protect public health and safety. A 2 2 copy of this written notice shall be provided to employees of 2 3 the employer. 2 4 (3) The number of persons employed in a position that did 2 5 not apply for an absence is less than the minimum number of 2 6 persons in that position needed by the employer to protect 2 7 public health and safety. 2 8 b. If the circumstances in paragraph "a" exist as to a 2 9 particular position of the employer, then the employer may 2 10 deny the minimum number of employees applying for an absence 2 11 in that position needed to yield the minimum staffing level 2 12 for that position as specified in the written notice to the 2 13 commissioner. The selection of which employees applying for 2 14 an absence shall be denied shall be made without regard to 2 15 political party affiliation, political belief, or affiliation 2 16 with or support for any candidate, or for any of the grounds 2 17 for which employment discrimination is prohibited in this 2 18 state. 2 19 3. An employer may, in lieu of providing unpaid leave to 2 20 affected employees to attend a presidential precinct caucus, 2 21 do any of the following: 2 22 a. Authorize paid leave to all affected employees. 2 23 b. Allow all affected employees the option to work 2 24 additional compensatory hours, at a time designated by the 2 25 employer not in conflict with the time needed for caucus 2 26 participation, equal in number to the number of hours taken to 2 27 participate in the presidential precinct caucus. The option 2 28 of working compensatory hours may be exercised individually by 2 29 each employee. Work done during the compensatory hours shall 2 30 be compensated in the same manner as work during regular 2 31 hours. 2 32 EXPLANATION 2 33 This bill provides that a person shall be entitled to 2 34 unpaid time off from work to attend a presidential precinct 2 35 caucus for up to four hours beginning one hour prior to the 3 1 start of the precinct caucus. The bill provides that the 3 2 employee shall make a written application with their employer 3 3 for such absence and the employee is not liable for any 3 4 penalty nor shall any deduction be made from the person's 3 5 regular salary or wages except for the period of time of the 3 6 absence. The bill provides that the requirement to allow time 3 7 off does not apply if the person is employed in an emergency 3 8 services position, the employer files a written notice with 3 9 the county commissioner of elections specifying the exigent 3 10 circumstances justifying the denial of such leave and the 3 11 minimum number of persons needed, by position, to protect 3 12 public health and safety, the number of persons not applying 3 13 for leave is less than the minimum number specified by the 3 14 employer, and the denial of leave for those number of persons 3 15 needed to reach the minimum staffing number specified is done 3 16 in a nondiscriminatory manner. 3 17 The bill also permits an employer to provide paid leave for 3 18 the absence or to allow affected employees the option to work 3 19 the hours of the absence at such other time so long as either 3 20 option is made available to all affected employees. 3 21 The bill provides that an employer who denies an employee 3 22 the privilege conferred by this bill to attend a presidential 3 23 precinct caucus commits election misconduct in the fourth 3 24 degree, a simple misdemeanor. A simple misdemeanor is 3 25 punishable by confinement for no more than 30 days or a fine 3 26 of at least $65 but not more than $625 or by both. 3 27 LSB 5790XS 82 3 28 ec/nh/8.3