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