House File 2047 - Introduced HOUSE FILE 2047 BY ISENHART , HUNTER , and KEARNS A BILL FOR An Act requiring minimum sick and safe time for employees, 1 providing a penalty, and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5205YH (8) 84 je/nh
H.F. 2047 Section 1. NEW SECTION . 91F.1 Title. 1 This chapter shall be known and may be cited as the “Healthy 2 and Safe Families and Workplaces Act” . 3 Sec. 2. NEW SECTION . 91F.2 Public policy. 4 It is the public policy of this state to protect public 5 health and safety and to promote the general welfare of its 6 citizens by supporting employers in their efforts to encourage 7 employees to work when they are healthy and by protecting 8 the basic rights of workers who safeguard public health by 9 remaining home when they are ill. 10 Sec. 3. NEW SECTION . 91F.3 Definitions. 11 1. “Commissioner” means the labor commissioner appointed 12 pursuant to section 91.2. 13 2. “Domestic abuse assault” means as defined in section 14 708.2A. 15 3. “Employee” means as defined in the federal Fair Labor 16 Standards Act of 1938, 29 U.S.C. § 201 et seq., as amended. 17 4. “Employer” means as defined in the federal Fair Labor 18 Standards Act of 1938, 29 U.S.C. § 201 et seq., as amended. 19 5. “Family member” means any of the following: 20 a. An employee’s spouse or domestic partner. 21 b. A child or foster child; stepchild; legal ward; a child 22 of a domestic partner; or a child to whom the employee stands 23 in loco parentis. 24 c. A parent or foster parent; stepparent; legal guardian; 25 or a person who stood in loco parentis to the employee when the 26 employee was a minor child. 27 d. A grandparent or spouse or domestic partner of a 28 grandparent. 29 e. A grandchild. 30 f. A sibling or foster sibling; stepsibling; or spouse or 31 domestic partner of a sibling, foster sibling, or stepsibling. 32 g. Any other individual related to the employee by blood 33 or affinity whose close association with the employee is the 34 equivalent of a familial relationship. 35 -1- LSB 5205YH (8) 84 je/nh 1/ 16
H.F. 2047 6. “Health care professional” means as defined in section 1 135.157. 2 7. “Retaliatory personnel action” means the discharge, 3 suspension, or demotion of, or any other adverse action taken 4 by an employer against, an employee. 5 8. “Sexual abuse” means as defined in section 709.1. 6 9. “Sick and safe time” means time, whether paid or unpaid, 7 that is earned and is provided by an employer to an employee 8 for the purposes described in section 91F.5. 9 10. “Stalking” means as described in section 708.11. 10 Sec. 4. NEW SECTION . 91F.4 Accrual —— sick and safe time. 11 1. An employee who works for compensation for an employer 12 shall have the right to accrue and use sick and safe time as 13 provided in this chapter. 14 2. a. An employee shall accrue a minimum of five and 15 fifty-four hundredths hours of sick and safe time for every 16 forty hours worked. 17 b. An employee shall not accrue more than one hundred 18 forty-four hours of sick and safe time in a calendar year, 19 unless the employer selects a higher limit. 20 3. Employees who are exempt from overtime requirements 21 under section 13(a)(1) of the federal Fair Labor Standards Act 22 of 1938, 29 U.S.C. § 213(a)(1), are deemed to work forty hours 23 in each work week for purposes of sick and safe time accrual 24 unless their normal work week is less than forty hours, in 25 which case sick and safe time accrues based upon that normal 26 work week. 27 4. Sick and safe time as provided in this section shall 28 begin to accrue upon the commencement of employment for new 29 employees and for existing employees beginning July 1, 2012. 30 5. a. A new employee may use accrued sick and safe time 31 beginning on the sixtieth calendar day following commencement 32 of the employee’s employment. On and after the sixtieth 33 calendar day of employment, an employee may use accrued sick 34 and safe time and accruing sick and safe time as it accrues. 35 -2- LSB 5205YH (8) 84 je/nh 2/ 16
H.F. 2047 b. Existing employees may use sick and safe time as it 1 accrues pursuant to this chapter. 2 6. Accrued sick and safe time shall be carried over to 3 the following calendar year subject to the limit described in 4 subsection 2, paragraph “b” . 5 7. An employer with a leave policy who makes available an 6 amount of leave sufficient to meet the accrual requirements of 7 this section that may be used for the same purposes and under 8 the same conditions as sick and safe time under this chapter is 9 not required to provide additional sick and safe time. 10 8. Nothing in this section shall be construed as requiring 11 financial or other reimbursement to an employee from an 12 employer upon the employee’s termination, resignation, 13 retirement, or other separation from employment for accrued 14 sick and safe time that has not been used. 15 9. a. If an employee is transferred to a separate division, 16 entity, or location, but remains employed by the same employer, 17 the employee is entitled to all sick and safe time previously 18 accrued; is entitled to immediately use all accrued sick and 19 safe time as provided in this chapter; and shall continue to 20 accrue sick and safe time at the same rate or higher as before 21 the transfer. 22 b. When there is a separation from employment and the 23 employee is rehired within three months of the separation 24 by the same employer, previously accrued sick and safe time 25 that had not been used prior to the separation shall be 26 reinstated. The employee may use such accrued sick and safe 27 time immediately upon rehire, and sick and safe time shall 28 begin to accrue immediately upon rehire. 29 10. At the employer’s discretion, the employer may advance 30 sick and safe time to an employee ahead of accrual of such time 31 by the employee. 32 Sec. 5. NEW SECTION . 91F.5 Use of sick and safe time —— 33 purposes —— procedures. 34 1. Sick and safe time shall be provided to an employee by an 35 -3- LSB 5205YH (8) 84 je/nh 3/ 16
H.F. 2047 employer for the following purposes: 1 a. An employee’s mental or physical illness, injury, or 2 health condition; an employee’s need for medical diagnosis, 3 care, or treatment of a mental or physical illness, injury, or 4 health condition; an employee’s need for preventive medical 5 care. 6 b. An employee’s need to care for a family member with a 7 mental or physical illness, injury, or health condition; an 8 employee’s need to care for a family member who needs medical 9 diagnosis, care, or treatment of a mental or physical illness, 10 injury, or health condition; an employee’s need to care for a 11 family member who needs preventive medical care. 12 c. (1) Closure of the employee’s place of work by order of 13 a public official due to a public health emergency. 14 (2) An employee’s need to care for a family member whose 15 school or place of care has been closed by order of a public 16 official due to a public health emergency. 17 (3) An employee’s need to care for a family member when 18 public health authorities or a health care professional has 19 determined that the family member’s presence in the community 20 jeopardizes the health of others because of the family member’s 21 exposure to communicable disease, whether or not the family 22 member has actually contracted the communicable disease. 23 d. An employee’s need to be absent from work due to domestic 24 abuse assault, sexual abuse, or stalking, provided the leave 25 from work is to do one or more of the following: 26 (1) Seek medical attention for the employee or family member 27 to recover from physical or psychological injury or disability 28 caused by domestic abuse assault or sexual abuse. 29 (2) Obtain services from a victim services organization. 30 (3) Obtain psychological or other counseling. 31 (4) Seek relocation due to the domestic abuse assault, 32 sexual abuse, or stalking. 33 (5) Take legal action, including preparing for or 34 participating in any civil or criminal legal proceeding related 35 -4- LSB 5205YH (8) 84 je/nh 4/ 16
H.F. 2047 to or resulting from the domestic abuse assault, sexual abuse, 1 or stalking. 2 2. Sick and safe time shall be allowed upon the oral request 3 of an employee. When possible, the employee shall include the 4 expected duration of the employee’s absence. 5 3. When the use of sick and safe time is foreseeable, the 6 employee shall make a good faith effort to provide notice 7 of the need for such time to the employer in advance of the 8 use of the sick and safe time, and the employee shall make a 9 reasonable effort to schedule the use of sick and safe time in 10 a manner that does not unduly disrupt the operations of the 11 employer. 12 4. Accrued sick and safe time may be used in the smaller of 13 hourly increments or the smallest increment that the employer’s 14 payroll system uses to account for absences or use of other 15 time. 16 5. a. For sick and safe time for more than three 17 consecutive days, an employer may require reasonable 18 documentation that the sick and safe time is for the purposes 19 described in subsection 1. 20 (1) Documentation signed by a health care professional 21 indicating that sick time is necessary shall be considered 22 reasonable documentation. 23 (2) A police report indicating that the employee was a 24 victim of domestic abuse assault, sexual abuse, or stalking; a 25 court order; or a signed statement from a victim and witness 26 advocate affirming that the employee is involved in legal 27 action related to domestic abuse assault, sexual abuse, or 28 stalking shall be considered reasonable documentation. 29 b. An employer may not require that the documentation 30 explain the nature of the medical reason or the details of the 31 domestic abuse assault, sexual abuse, or stalking. 32 c. (1) If an employer chooses to require documentation 33 for use of sick time and the employee does not have health 34 insurance, the employer is responsible for paying all 35 -5- LSB 5205YH (8) 84 je/nh 5/ 16
H.F. 2047 out-of-pocket expenses the employee incurs in obtaining the 1 documentation. 2 (2) If the employee does have health insurance, the 3 employer is responsible for paying any costs charged to the 4 employee by the health care provider for providing the specific 5 documentation required by the employer. 6 6. An employer shall not require as a condition of allowing 7 sick and safe time under this chapter that the employee search 8 for or find a replacement worker to cover the hours during 9 which the employee will be using sick and safe time. 10 Sec. 6. NEW SECTION . 91F.6 Exercise of rights —— 11 retaliation prohibited. 12 1. An employer or any other person shall not interfere with, 13 restrain, or deny the exercise of, or the attempt to exercise, 14 any right protected under this chapter. 15 2. An employer shall not take retaliatory personnel action 16 or discriminate against an employee because the employee has 17 exercised rights protected under this chapter. Such rights 18 include but are not limited to the following: 19 a. The right to use sick and safe time pursuant to this 20 chapter. 21 b. The right to file a complaint or inform any person about 22 any employer’s alleged violation of this chapter. 23 c. The right to cooperate with the commissioner in any 24 investigation of alleged violations of this chapter. 25 d. The right to inform any person of the person’s potential 26 rights under this chapter. 27 3. An employer’s absence control policy shall not count 28 sick and safe time taken pursuant to this chapter as an absence 29 that may lead to or result in discipline, discharge, demotion, 30 suspension, or any other adverse action. 31 4. The protections of this section shall apply to any person 32 who mistakenly but in good faith alleges violations of this 33 section. 34 5. There is a rebuttable presumption of retaliation under 35 -6- LSB 5205YH (8) 84 je/nh 6/ 16
H.F. 2047 this section whenever an employer takes adverse action against 1 an employee within ninety days of when that employee has done 2 any of the following: 3 a. Filed a complaint with the commissioner or a court 4 alleging a violation of any provision of this chapter. 5 b. Informed any person about an employer’s alleged violation 6 of this chapter. 7 c. Cooperated with the commissioner or others in an 8 investigation or prosecution of any alleged violation of this 9 chapter. 10 d. Opposed any policy, practice, or act that is unlawful 11 under this chapter. 12 e. Informed any person of the person’s potential rights 13 under this chapter. 14 Sec. 7. NEW SECTION . 91F.7 Notice and posting. 15 1. An employer shall give notice to employees of the 16 following: 17 a. Employees are entitled to sick and safe time. 18 b. The accrual amounts of sick and safe time. 19 c. The terms of use of sick and safe time guaranteed under 20 this chapter. 21 d. The prohibition against retaliation against employees who 22 request or use sick and safe time. 23 e. Each employee has the right to file a complaint or 24 bring a civil action if sick and safe time as required by 25 this chapter is denied by the employer, or the employee is 26 retaliated against for requesting or taking sick and safe time. 27 2. a. An employer may comply with this section by supplying 28 each employee with a notice that contains all the information 29 required in subsection 1. 30 b. An employer may comply with this section by displaying a 31 poster and other informational materials in a conspicuous and 32 accessible place in each establishment where such employees 33 are employed which contains all the information required in 34 subsection 1. 35 -7- LSB 5205YH (8) 84 je/nh 7/ 16
H.F. 2047 3. An employer who willfully violates the notice and posting 1 requirements of this section shall be subject to a civil 2 penalty in an amount not to exceed one hundred dollars for each 3 separate offense. 4 Sec. 8. NEW SECTION . 91F.8 Damages recoverable by an 5 employee. 6 In an action by an employee against the employee’s employer 7 or former employer for an alleged violation of this chapter, 8 when it has been shown that the employer has intentionally 9 failed to provide sick and safe time to the employee in 10 violation of this chapter or failed to allow the employee to 11 use accrued sick and safe time as provided by this chapter, 12 the employer shall be liable to the employee for the monetary 13 value of the owed sick and safe time, plus liquidated damages 14 for failure to allow the employee to use accrued sick and safe 15 time, court costs, and any attorney fees incurred in the civil 16 action. 17 Sec. 9. NEW SECTION . 91F.9 Employer records. 18 1. An employer shall retain records documenting hours 19 worked by employees and sick and safe time taken by employees, 20 for a period of five years. 21 2. An employer shall allow the commissioner access to such 22 records, with notice and at a mutually agreeable time, to 23 monitor compliance with the requirements of this chapter. 24 3. If an issue arises as to an employee’s entitlement to 25 sick and safe time under this chapter and the employer does not 26 maintain or retain adequate records according to this section 27 or does not allow the commissioner access to such records, the 28 commissioner or other investigating authority shall presume 29 that the employer has violated this chapter, absent clear and 30 convincing evidence otherwise. 31 Sec. 10. NEW SECTION . 91F.10 Enforcement. 32 1. Upon the written complaint of the employee involved, 33 the commissioner may determine whether to investigate if 34 an employer has violated any provision of this chapter. 35 -8- LSB 5205YH (8) 84 je/nh 8/ 16
H.F. 2047 The commissioner shall keep confidential, to the extent 1 permitted by applicable law, the name of and other identifying 2 information about the employee reporting the alleged violation. 3 However, the commissioner, with the authorization of the 4 complaining employee, may disclose the employee’s name and 5 other information as necessary to enforce this chapter or for 6 other appropriate purposes. 7 2. If for any reason the commissioner makes a determination 8 not to investigate, the commissioner shall notify the 9 complaining employee within fourteen days of receipt of 10 the complaint. The commissioner shall otherwise notify 11 the employee of the determination to investigate within 12 a reasonable time. If it is determined that there is an 13 enforceable claim, the commissioner, with the consent of the 14 complaining employee and with the assistance of the office 15 of the attorney general if the commissioner requests such 16 assistance, shall, unless a settlement is reached, commence a 17 civil action in any court of competent jurisdiction to recover 18 for the benefit of any employee any sick and safe time claims 19 that have been assigned to the commissioner for recovery. 20 The commissioner may also request reasonable and necessary 21 attorney fees. With the consent of the assigning employee, the 22 commissioner may also settle a claim on behalf of the assigning 23 employee. 24 3. Proceedings under this section that precede commencement 25 of a civil action shall be conducted informally without any 26 party having a right to be heard before the commissioner. The 27 commissioner may join various assignments in one claim for the 28 purpose of settling or litigating the assignees’ claims. 29 4. The provisions of subsections 1 and 2 shall not be 30 construed to prevent an employee from settling or bringing an 31 action for damages under section 91F.8 if the employee has not 32 assigned the claim under subsection 2. 33 5. Any recovery of attorney fees, in the case of actions 34 brought under this section by the commissioner, shall be 35 -9- LSB 5205YH (8) 84 je/nh 9/ 16
H.F. 2047 remitted by the commissioner to the treasurer of state for 1 deposit in the general fund of the state. The commissioner is 2 not required to pay any filing fee or other court costs. 3 Sec. 11. NEW SECTION . 91F.11 Confidentiality and 4 nondisclosure. 5 1. An employer may not require disclosure of details 6 relating to domestic abuse assault, sexual abuse, or stalking, 7 or of the details of an employee’s medical condition or that of 8 a family member as a condition of allowing sick and safe time 9 under this chapter. 10 2. If an employer possesses health information or 11 information pertaining to domestic abuse assault, sexual abuse, 12 or stalking about an employee or an employee’s family member, 13 such information shall be treated as confidential and not 14 disclosed except to the affected employee or with the written 15 permission of the affected employee. 16 Sec. 12. NEW SECTION . 91F.12 Other sick and safe time 17 policies —— legal requirements. 18 1. Nothing in this chapter shall be construed to discourage 19 or prohibit an employer from the adoption or retention of a 20 sick and safe time policy that is more generous than that 21 provided in this chapter. 22 2. Nothing in this chapter shall be construed as diminishing 23 the obligation of an employer to comply with any contract, 24 collective bargaining agreement, employment benefit plan, or 25 other agreement that provides more generous sick and safe time 26 to an employee than required in this chapter. 27 3. Nothing in this chapter shall be construed as diminishing 28 the rights of public employees regarding sick and safe time or 29 the use of sick and safe time as provided by state law. 30 4. This chapter provides minimum requirements pertaining 31 to sick and safe time and shall not be construed to preempt, 32 limit, or otherwise affect the applicability of any other law, 33 regulation, requirement, policy, or standard that provides for 34 greater accrual or use by employees of sick and safe time or 35 -10- LSB 5205YH (8) 84 je/nh 10/ 16
H.F. 2047 that extends other protections to employees. 1 Sec. 13. NEW SECTION . 91F.13 Paid sick and safe time —— 2 posting. 3 1. For the purposes of this section, “paid sick and safe 4 time” means time that is compensated at the same hourly rate 5 and with the same benefits, including health care benefits, as 6 the employee normally earns during hours worked and is provided 7 by an employer to an employee for the purposes described in 8 section 91F.5, but in no instance shall the hourly wage be less 9 than that provided in section 91D.1. 10 2. Employers in this state are encouraged to offer paid 11 sick and safe time to their employees. The department of 12 public health shall create a poster and other informational 13 materials that may be used by an employer for public display if 14 the employer provides paid sick and safe time to all employees 15 in each establishment where the poster and other informational 16 materials are displayed. The poster and other informational 17 materials shall contain all the information required in section 18 91F.7, subsection 1. 19 3. An employer may apply to the department of public health 20 for authorization to display or distribute the poster and 21 other informational materials created by the department. The 22 department shall verify that an applicant offers paid sick and 23 safe time to all employees in each establishment where the 24 poster and other informational materials will be displayed 25 and is in compliance with the requirements of this chapter. 26 The department shall electronically transmit the poster and 27 other informational materials to any verified applicant. The 28 department shall consult with the commissioner as necessary to 29 carry out the requirements of this section. 30 Sec. 14. Section 91.4, subsection 2, Code Supplement 2011, 31 is amended to read as follows: 32 2. The director of the department of workforce development, 33 in consultation with the labor commissioner, shall, at the 34 time provided by law, make an annual report to the governor 35 -11- LSB 5205YH (8) 84 je/nh 11/ 16
H.F. 2047 setting forth in appropriate form the business and expense of 1 the division of labor services for the preceding year, the 2 number of remedial actions taken under chapter 89A , the number 3 of disputes or violations processed by the division and the 4 disposition of the disputes or violations, and other matters 5 pertaining to the division which are of public interest, 6 together with recommendations for change or amendment of the 7 laws in this chapter and chapters 88 , 88A , 88B , 89 , 89A , 89B , 8 90A , 91A , 91C , 91D , 91E , 91F, 92 , and 94A , and section 85.68 , 9 and the recommendations, if any, shall be transmitted by the 10 governor to the first general assembly in session after the 11 report is filed. 12 Sec. 15. Section 135.11, Code Supplement 2011, is amended by 13 adding the following new subsection: 14 NEW SUBSECTION . 31. In consultation with the labor 15 commissioner, carry out duties relating to the creation and 16 transmission of posters and other informational materials 17 pursuant to section 91F.13. 18 Sec. 16. APPLICABILITY. Notwithstanding the section of 19 this Act relating to applicability of this Act on or after 20 the effective date of this Act, this Act does not apply to 21 employees under a contract or collective bargaining agreement 22 that was in effect on or before the effective date of this Act. 23 Sec. 17. APPLICABILITY. This Act applies to all existing 24 employees on and after the effective date of this Act and to 25 all new employees hired on or after that date. 26 EXPLANATION 27 This bill, entitled the “Healthy and Safe Families and 28 Workplace Act”, provides minimum sick and safe time, whether 29 paid or unpaid, for all employees working part-time and 30 full-time in the state in new Code chapter 91F. The bill 31 declares that it is the public policy of the state to protect 32 public health and safety and to promote the general welfare 33 of its citizens by supporting employers in their efforts to 34 encourage employees to work when they are healthy and by 35 -12- LSB 5205YH (8) 84 je/nh 12/ 16
H.F. 2047 protecting the basic rights of workers who safeguard public 1 health by remaining home when they are ill. 2 The bill defines several terms including “family member” and 3 “sick and safe time”. 4 The bill provides that all employees shall have the right to 5 accrue and use sick and safe time. The formula for accruing 6 sick and safe time is contained in the bill, and there are 7 limits for the amount of sick and safe time an employee may 8 accrue per year, unless the employer sets a higher limit. 9 The formula for accruing sick and safe time and the 10 limitations and exceptions are provided in new Code section 11 91F.4. Sick and safe time shall begin to accrue for new 12 employees on the first day of work and for existing employees 13 on July 1, 2012. New employees may use accrued sick and safe 14 time starting the 60th day of employment. Existing employees 15 may use sick and safe time as it accrues. Sick and safe time 16 shall carry over each year, but an employee may not use more 17 than 144 hours of sick and safe time per year. 18 An employer who provides a leave policy that meets the 19 minimum accrual requirements and the same minimum uses and 20 conditions is deemed to be in compliance with the bill. The 21 bill does not require employees to be reimbursed for unused 22 sick and safe time upon separation from employment. However, 23 if an employee is moved or transferred within the company, 24 the employee shall retain all accrued sick and safe time and 25 may use such time immediately. If there is an employment 26 separation, but an employee is rehired within three months, all 27 accrued sick and safe time shall be reinstated upon rehire and 28 be available for immediate use. An employer has the discretion 29 to advance sick and safe time to an employee. 30 The bill provides specific reasons for which employees may 31 use the sick and safe time in new Code section 91F.5. An 32 employee shall give reasonable notice to an employer when 33 use of sick and safe time is foreseeable. When an employee 34 uses more than three consecutive days of sick and safe time, 35 -13- LSB 5205YH (8) 84 je/nh 13/ 16
H.F. 2047 an employer may require reasonable documentation that the 1 time used is covered by the reasons the time may be taken as 2 provided in the bill. An employer who requests documentation 3 for use of sick time by an employee without health insurance 4 is responsible for paying all expenses related to acquiring 5 the documentation. For an employee with health insurance, the 6 employer is responsible for paying any costs charged to the 7 employee to receive the documentation. An employer shall not 8 require an employee to find a replacement worker in order to 9 use sick and safe time. 10 An employee’s rights under the bill, including the right 11 to use sick and safe time and to file a complaint against 12 an employer, and the prohibitions against an employer’s 13 retaliation against an employee exercising those rights, are 14 explained in new Code section 91F.6. 15 Employers are required to give employees notice of their 16 rights to sick and safe time as described in new Code section 17 91F.7, either by supplying each employee with a notice or 18 by posting such notice in an accessible and obvious place 19 where employees work. Violations of the notice and posting 20 requirements may result in a civil penalty of not more than 21 $100 for each offense. 22 An employee may recover the monetary value of owed sick 23 and safe time plus liquidated damages for the wrongful denial 24 of use of accrued sick and safe time if an employer is shown 25 to have intentionally violated the bill pursuant to new Code 26 section 91F.8. 27 An employer must retain records documenting hours worked by 28 each employee and the amount of sick and safe time taken by the 29 employees for five years. The labor commissioner shall have 30 reasonable access to these records. If a question arises about 31 an employee’s right to sick and safe time and an employer does 32 not have adequate records or does not allow the commissioner to 33 examine the employer’s records, the commissioner shall presume 34 that the employer has violated the bill. 35 -14- LSB 5205YH (8) 84 je/nh 14/ 16
H.F. 2047 Pursuant to new Code section 91F.10, an employee may submit 1 a written complaint to the commissioner, who will determine 2 whether to investigate the claim that an employer has violated 3 any provision of new Code chapter 91F. If the commissioner 4 decides to investigate, the commissioner shall commence a civil 5 action against the employer. 6 An employer may not require an employee to disclose details 7 relating to domestic abuse assault, sexual abuse, stalking, 8 or a medical condition as a condition of using sick and safe 9 time. An employer who has such information shall treat the 10 information as confidential and not disclose it without written 11 consent of the affected employee, according to new Code section 12 91F.11. 13 The bill provides that the new Code chapter does not prohibit 14 an employer from providing a more generous sick and safe time 15 policy, does not diminish an employer’s previous contractual 16 obligations for more generous sick and safe time, and does not 17 diminish public employees’ rights to sick and safe time as 18 provided by law. 19 The bill encourages employers to offer paid sick and safe 20 time as defined in the bill to their employees. “Paid sick and 21 safe time” is defined to mean time that is compensated at the 22 same hourly rate and with the same benefits, including health 23 care benefits, as the employee normally earns during hours 24 worked. 25 The department of public health, in consultation 26 with the commissioner, is to create a poster and other 27 informational materials which an employer may use for public 28 display if the employer provides sick and safe time to all 29 employees in each establishment where the poster and other 30 informational materials are to be displayed. The poster and 31 other informational materials must comply with the notice 32 requirements for sick and safe time provided in the bill. 33 The department is to make the poster and other informational 34 materials available to an employer upon verification of 35 -15- LSB 5205YH (8) 84 je/nh 15/ 16
H.F. 2047 compliance with the bill. 1 The bill applies to all existing employees on and after July 2 1, 2012, and to all new hires on or after that date, but does 3 not apply to employees under existing contracts or collective 4 bargaining agreements. 5 -16- LSB 5205YH (8) 84 je/nh 16/ 16