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