Senate File 381 - Introduced SENATE FILE BY BEALL (COMPANION TO LSB 2234HH BY D. OLSON) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to accommodations by employers for court=ordered 2 visitation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2234SS 83 5 pf/nh/8 PAG LIN 1 1 Section 1. NEW SECTION. 598.41D CUSTODY ORDERS == 1 2 ACCOMMODATIONS BY EMPLOYER. 1 3 1. As used in this section, unless the context otherwise 1 4 requires: 1 5 a. "Employee organization" means employee organization as 1 6 defined in section 20.3. 1 7 b. "Employer" means any of the following: 1 8 (1) A person engaged in commerce or in any industry or 1 9 activity affecting commerce who employs fifty or more 1 10 employees for each working day during each of twenty or more 1 11 calendar work weeks in the current or preceding calendar year. 1 12 (2) A person who acts, directly or indirectly, in the 1 13 interest of an employer to any of the employees of such an 1 14 employer. 1 15 (3) A successor in interest of an employer. 1 16 (4) A public employer. 1 17 c. "Public employee" means public employee as defined in 1 18 section 20.3. 1 19 d. "Public employer" means public employer as defined in 1 20 section 20.3. 1 21 2. a. A parent granted visitation pursuant to a court 1 22 order under this chapter shall provide the parent's employer 1 23 with a copy of the visitation schedule if such visitation 1 24 schedule conflicts with the parent's regularly scheduled hours 1 25 of employment, and the parent would like to exercise the 1 26 visitation schedule as provided under the court order. 1 27 b. Upon receipt of the visitation schedule the employer 1 28 and employee shall do one of the following, as applicable to 1 29 the situation: 1 30 (1) Agree to an alternative to the parent's regularly 1 31 scheduled hours of employment. If the parent is a public 1 32 employee or is an employee subject to a collective bargaining 1 33 agreement, the parent may utilize an employee organization or 1 34 a collective bargaining agent to negotiate an alternative 1 35 schedule. 2 1 (2) If an alternative to the parent's regularly scheduled 2 2 hours of employment is not agreed to, the employer shall allow 2 3 the parent to exercise visitation in accordance with the 2 4 visitation schedule. 2 5 c. An employer shall not terminate the parent's 2 6 employment, reduce the parent's pay, or take any other similar 2 7 adverse action against the parent for exercising visitation in 2 8 accordance with the court order. 2 9 EXPLANATION 2 10 This bill relates to employer accommodation of parents to 2 11 allow parents to exercise visitation schedule provisions under 2 12 a custody order. The bill applies to employers that employ 50 2 13 or more employees for each working day during each of 20 or 2 14 more calendar work weeks in a calendar year, public employers, 2 15 and successors in interest of employers. 2 16 The bill provides that a parent who is granted visitation 2 17 pursuant to a court order shall provide the parent's employer 2 18 with a copy of the visitation schedule if such visitation 2 19 schedule conflicts with the parent's regularly scheduled hours 2 20 of employment, and the parent would like to exercise the 2 21 visitation schedule as provided under the court order. 2 22 Once the employer receives the visitation schedule, the 2 23 bill provides options for the employer and employee. Either 2 24 the employer and employee can agree to an alternative to the 2 25 parent's regularly scheduled hours of employment, which may be 2 26 negotiated by a collective bargaining agent if applicable to 2 27 the employee, or if an alternative to the parent's regularly 2 28 scheduled hours of employment is not agreed to, the employer 2 29 shall allow the parent to exercise visitation in accordance 2 30 with the visitation schedule. 2 31 The bill also prohibits an employer from terminating the 2 32 parent's employment, reducing the parent's pay, or taking any 2 33 other similar adverse action against the parent for exercising 2 34 visitation in accordance with the court order. 2 35 LSB 2234SS 83 3 1 pf/nh/8