House File 675 - Introduced HOUSE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 366) Passed House, Date Passed Senate, 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 2373HV 83 5 ec/nh/8 PAG LIN 1 1 Section 1. Section 39A.5, subsection 1, paragraph b, Code 1 2 2009, is amended by adding the following new subparagraph: 1 3 NEW SUBPARAGRAPH. (3) As an employer, denying an employee 1 4 the privilege conferred by section 43.4A to attend a precinct 1 5 caucus, or subjecting an employee to a penalty because of the 1 6 exercise of that privilege. 1 7 Sec. 2. NEW SECTION. 43.4A EMPLOYEES ENTITLED TO TIME TO 1 8 PARTICIPATE IN PRESIDENTIAL PRECINCT CAUCUSES. 1 9 1. Any person entitled to participate in a precinct caucus 1 10 held as part of the presidential nominating process in this 1 11 state who is required to be present at work for an employer 1 12 during the four=hour period starting one hour prior to the 1 13 time the precinct caucus starts is entitled to take unpaid 1 14 leave for as much of that four=hour period as is necessary to 1 15 participate in the precinct caucus except as provided by this 1 16 section. Application by any employee for such absence shall 1 17 be made to the employee's employer individually and in writing 1 18 at least fourteen days prior to the time the precinct caucus 1 19 is scheduled to start. The employer shall not impose any 1 20 penalty nor shall any deduction be made from the person's 1 21 regular salary or wages for participating in a precinct caucus 1 22 pursuant to this section except for any loss of wages or 1 23 salary for the hours of unpaid leave actually used to 1 24 participate. 1 25 2. a. An application for an absence by an employee may be 1 26 denied by an employer if all the following circumstances 1 27 exist: 1 28 (1) The person is employed in an emergency services 1 29 position which shall include peace officer, fire fighter, 1 30 emergency medical personnel, and any other position that 1 31 seriously affects public health or safety, or is employed by 1 32 an entity that would experience severe economic or operational 1 33 disruption due to the person's absence. 1 34 (2) The employer provided a written notice to the employee 1 35 at least seven days prior to the date of the precinct caucus 2 1 specifying exigent circumstances justifying the denial of such 2 2 leave for personnel described in subparagraph (1) and 2 3 declaring the minimum number of such personnel needed during 2 4 the four=hour period described in subsection 1. 2 5 b. If the circumstances in paragraph "a" exist, then the 2 6 employer may deny the minimum number of employees applying for 2 7 an absence needed to yield the minimum staffing level as 2 8 specified in the written notice to the employee. The 2 9 selection of which employees applying for an absence shall be 2 10 denied shall be made without regard to political party 2 11 affiliation, political belief, or affiliation with or support 2 12 for any candidate, or for any of the grounds for which 2 13 employment discrimination is prohibited in this state. 2 14 3. An employer may, in lieu of providing unpaid leave to 2 15 affected employees to attend a presidential precinct caucus, 2 16 do any of the following: 2 17 a. Authorize paid leave to all affected employees. 2 18 b. Allow all affected employees the option to work 2 19 additional compensatory hours, at a time designated by the 2 20 employer not in conflict with the time needed for caucus 2 21 participation, equal in number to the number of hours taken to 2 22 participate in the presidential precinct caucus. The option 2 23 of working compensatory hours may be exercised individually by 2 24 each employee. Work done during the compensatory hours shall 2 25 be compensated in the same manner as work during regular 2 26 hours. 2 27 EXPLANATION 2 28 This bill provides that a person shall be entitled to 2 29 unpaid time off from work to attend a presidential precinct 2 30 caucus for up to four hours beginning one hour prior to the 2 31 start of the precinct caucus. The bill provides that the 2 32 employee shall make a written application with their employer 2 33 for such absence at least 14 days prior to the caucus and the 2 34 employer shall not impose any penalty nor shall any deduction 2 35 be made from the person's regular salary or wages except for 3 1 the period of time of the absence. The bill provides that the 3 2 requirement to allow time off does not apply if the person is 3 3 employed in an emergency services position or by an entity 3 4 that would experience severe economic disruption due to the 3 5 person's absence, the employer provides a written notice to 3 6 the employee specifying the exigent circumstances justifying 3 7 the denial of such leave and the minimum number of persons 3 8 needed to protect public health and safety or maintain minimum 3 9 operational capacity, the number of persons not applying for 3 10 leave is less than the minimum number specified by the 3 11 employer, and the denial of leave for those number of persons 3 12 needed to reach the minimum staffing number specified is done 3 13 in a nondiscriminatory manner. 3 14 The bill also permits an employer to provide paid leave for 3 15 the absence or to allow affected employees the option to work 3 16 the hours of the absence at such other time so long as either 3 17 option is made available to all affected employees. 3 18 The bill provides that an employer who denies an employee 3 19 the privilege conferred by this bill to attend a presidential 3 20 precinct caucus commits election misconduct in the fourth 3 21 degree, a simple misdemeanor. A simple misdemeanor is 3 22 punishable by confinement for no more than 30 days or a fine 3 23 of at least $65 but not more than $625 or by both. 3 24 LSB 2373HV 83 3 25 ec/nh/8