Senate File 125 - Introduced
SENATE FILE
BY QUIRMBACH, DANIELSON, GRONSTAL,
FRAISE, APPEL, KIBBIE, BLACK,
McCOY, BOLKCOM, STEWART, RAGAN,
SCHMITZ, BEALL, DOTZLER, WILHELM,
SODDERS, SCHOENJAHN, HECKROTH,
DVORSKY, HORN, and HATCH
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 1878SS 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 employee shall not be liable for
1 20 any loss of wages or salary or any other penalty except for
1 21 the loss of wages or salary for the hours of unpaid leave
1 22 actually used.
1 23 2. a. An application for an absence by an employee may be
1 24 denied by an employer if all the following circumstances
1 25 exist:
1 26 (1) The person is employed in an emergency services
1 27 position which shall include peace officer, fire fighter,
1 28 emergency medical personnel, and any other position that
1 29 seriously affects public health or safety, or is employed by
1 30 an entity that would experience severe economic or operational
1 31 disruption due to the person's absence.
1 32 (2) The employer filed a written notice with the
1 33 commissioner at least seven days prior to the date of the
1 34 precinct caucus specifying exigent circumstances justifying
1 35 the denial of such leave for personnel described in
2 1 subparagraph (1) and declaring the minimum number of such
2 2 personnel, by position, needed to protect public health and
2 3 safety or maintain minimum operational capacity, as
2 4 applicable. A copy of this written notice shall be provided
2 5 to employees of the employer.
2 6 (3) The number of persons employed in a position that did
2 7 not apply for an absence is less than the minimum number of
2 8 persons in that position needed by the employer to protect
2 9 public health and safety or maintain minimum operational
2 10 capacity, as applicable.
2 11 b. If the circumstances in paragraph "a" exist as to a
2 12 particular position of the employer, then the employer may
2 13 deny the minimum number of employees applying for an absence
2 14 in that position needed to yield the minimum staffing level
2 15 for that position as specified in the written notice to the
2 16 commissioner. The selection of which employees applying for
2 17 an absence shall be denied shall be made without regard to
2 18 political party affiliation, political belief, or affiliation
2 19 with or support for any candidate, or for any of the grounds
2 20 for which employment discrimination is prohibited in this
2 21 state.
2 22 3. An employer may, in lieu of providing unpaid leave to
2 23 affected employees to attend a presidential precinct caucus,
2 24 do any of the following:
2 25 a. Authorize paid leave to all affected employees.
2 26 b. Allow all affected employees the option to work
2 27 additional compensatory hours, at a time designated by the
2 28 employer not in conflict with the time needed for caucus
2 29 participation, equal in number to the number of hours taken to
2 30 participate in the presidential precinct caucus. The option
2 31 of working compensatory hours may be exercised individually by
2 32 each employee. Work done during the compensatory hours shall
2 33 be compensated in the same manner as work during regular
2 34 hours.
2 35 EXPLANATION
3 1 This bill provides that a person shall be entitled to
3 2 unpaid time off from work to attend a presidential precinct
3 3 caucus for up to four hours beginning one hour prior to the
3 4 start of the precinct caucus. The bill provides that the
3 5 employee shall make a written application with their employer
3 6 for such absence at least 14 days prior to the caucus and the
3 7 employee is not liable for any penalty nor shall any deduction
3 8 be made from the person's regular salary or wages except for
3 9 the period of time of the absence. The bill provides that the
3 10 requirement to allow time off does not apply if the person is
3 11 employed in an emergency services position or by an entity
3 12 that would experience severe economic disruption due to the
3 13 person's absence, the employer files a written notice with the
3 14 county commissioner of elections specifying the exigent
3 15 circumstances justifying the denial of such leave and the
3 16 minimum number of persons needed, by position, to protect
3 17 public health and safety or maintain minimum operational
3 18 capacity, the number of persons not applying for leave is less
3 19 than the minimum number specified by the employer, and the
3 20 denial of leave for those number of persons needed to reach
3 21 the minimum staffing number specified is done in a
3 22 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 1878SS 83
3 34 ec/nh/8