Senate File 2355 - Introduced SENATE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 2188) 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 5790SV 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, or is employed by 1 31 an entity that would experience severe economic or operational 1 32 disruption due to the person's absence. 1 33 (2) The employer filed a written notice with the 1 34 commissioner at least seven days prior to the date of the 1 35 precinct caucus specifying exigent circumstances justifying 2 1 the denial of such leave for personnel described in 2 2 subparagraph (1) and declaring the minimum number of such 2 3 personnel, by position, needed to protect public health and 2 4 safety or maintain minimum operational capacity, as 2 5 applicable. A copy of this written notice shall be provided 2 6 to employees of the employer. 2 7 (3) The number of persons employed in a position that did 2 8 not apply for an absence is less than the minimum number of 2 9 persons in that position needed by the employer to protect 2 10 public health and safety or maintain minimum operational 2 11 capacity, as applicable. 2 12 b. If the circumstances in paragraph "a" exist as to a 2 13 particular position of the employer, then the employer may 2 14 deny the minimum number of employees applying for an absence 2 15 in that position needed to yield the minimum staffing level 2 16 for that position as specified in the written notice to the 2 17 commissioner. The selection of which employees applying for 2 18 an absence shall be denied shall be made without regard to 2 19 political party affiliation, political belief, or affiliation 2 20 with or support for any candidate, or for any of the grounds 2 21 for which employment discrimination is prohibited in this 2 22 state. 2 23 3. An employer may, in lieu of providing unpaid leave to 2 24 affected employees to attend a presidential precinct caucus, 2 25 do any of the following: 2 26 a. Authorize paid leave to all affected employees. 2 27 b. Allow all affected employees the option to work 2 28 additional compensatory hours, at a time designated by the 2 29 employer not in conflict with the time needed for caucus 2 30 participation, equal in number to the number of hours taken to 2 31 participate in the presidential precinct caucus. The option 2 32 of working compensatory hours may be exercised individually by 2 33 each employee. Work done during the compensatory hours shall 2 34 be compensated in the same manner as work during regular 2 35 hours. 3 1 EXPLANATION 3 2 This bill provides that a person shall be entitled to 3 3 unpaid time off from work to attend a presidential precinct 3 4 caucus for up to four hours beginning one hour prior to the 3 5 start of the precinct caucus. The bill provides that the 3 6 employee shall make a written application with their employer 3 7 for such absence and the employee is not liable for any 3 8 penalty nor shall any deduction be made from the person's 3 9 regular salary or wages except for the period of time of the 3 10 absence. The bill provides that the requirement to allow time 3 11 off does not apply if the person is employed in an emergency 3 12 services position or by an entity that would experience severe 3 13 economic disruption due to the person's absence, the employer 3 14 files a written notice with the county commissioner of 3 15 elections specifying the exigent circumstances justifying the 3 16 denial of such leave and the minimum number of persons needed, 3 17 by position, to protect public health and safety or maintain 3 18 minimum operational capacity, the number of persons not 3 19 applying for leave is less than the minimum number specified 3 20 by the employer, and the denial of leave for those number of 3 21 persons needed to reach the minimum staffing number specified 3 22 is done in a nondiscriminatory manner. 3 23 The bill also permits an employer to provide paid leave for 3 24 the absence or to allow affected employees the option to work 3 25 the hours of the absence at such other time so long as either 3 26 option is made available to all affected employees. 3 27 The bill provides that an employer who denies an employee 3 28 the privilege conferred by this bill to attend a presidential 3 29 precinct caucus commits election misconduct in the fourth 3 30 degree, a simple misdemeanor. A simple misdemeanor is 3 31 punishable by confinement for no more than 30 days or a fine 3 32 of at least $65 but not more than $625 or by both. 3 33 LSB 5790SV 82 3 34 ec/nh/8