H.F. 2211 Section 1. NEW SECTION . 91F.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Child” means a biological, adopted, or foster child, 4 a stepchild, a legal ward, or a child of a person standing in 5 loco parentis who is under eighteen years of age or is eighteen 6 years of age or older and incapable of self-care because of a 7 mental or physical disability. 8 2. “Commissioner” means the labor commissioner, appointed 9 pursuant to section 91.2. 10 3. “Eligible employee” means an employee as defined in 11 section 91A.2 who has been employed by the employer from whom 12 school activity leave is requested for at least twelve months 13 and for at least one thousand two hundred fifty hours during 14 the previous twelve-month period. 15 4. “Employer” means a person who, in this state, employs 16 fifty or more natural persons for each working day during 17 each of twenty or more calendar work weeks in the current or 18 preceding calendar year. 19 5. “School activity” means any activity of students 20 sponsored by a school, including athletic contests, concerts, 21 school plays, and events organized by student organizations. 22 6. “School activity leave” means full or partial absence 23 from an eligible employee’s ordinary job responsibilities 24 either with full or partial pay or without pay, to attend a 25 school activity at which the eligible employee has a leadership 26 role. 27 Sec. 2. NEW SECTION . 91F.2 School activity leave 28 authorized. 29 An eligible employee shall be entitled to a total of two 30 hundred hours of school activity leave during any twelve-month 31 period. 32 Sec. 3. NEW SECTION . 91F.3 Exemption. 33 1. An employer may deny school activity leave under section 34 91F.2 to an eligible employee if all of the following apply: 35 -1- LSB 5083YH (5) 84 je/rj 1/ 7

H.F. 2211 a. Denial is necessary to prevent substantial economic 1 injury to the operations of the employer. 2 b. The employer notifies the employee of the intent of the 3 employer to deny restoration of the employee’s position on such 4 basis at the time the employer determines that such injury 5 would occur. 6 c. In any case in which the school activity leave has 7 commenced, the employee elects not to return to employment 8 after receiving such notice. 9 2. This section applies only to an eligible employee who is 10 a salaried employee who is among the highest-paid ten percent 11 of the employees employed by the employer within seventy-five 12 miles of the facility at which the eligible employee is 13 employed. 14 Sec. 4. NEW SECTION . 91F.4 School activity leave 15 requirements. 16 1. An employer shall not be required to pay an eligible 17 employee for any school activity leave taken pursuant to 18 section 91F.2. However, an eligible employee taking school 19 activity leave permitted by this chapter may elect to 20 substitute for the school activity leave permitted under this 21 chapter any of the eligible employee’s accrued vacation leave 22 or other accrued time off during such period or any other paid 23 or unpaid time off negotiated with the employer. 24 2. An eligible employee shall provide the employer with 25 reasonable advance notice of foreseeable need for school 26 activity leave. Reasonable notice shall be at least thirty 27 days where practical. An eligible employee shall make a 28 reasonable effort in the scheduling of school activity leave so 29 as not to unduly disrupt the operations of an employer. 30 3. An employer may require that a request for school 31 activity leave under this chapter be supported by a 32 certification issued by a school superintendent, principal, or 33 other school authority of the eligible employee’s child. The 34 eligible employee shall provide, in a timely manner, a copy of 35 -2- LSB 5083YH (5) 84 je/rj 2/ 7

H.F. 2211 such certification to the employer. The certification shall 1 include the date on which the school activity leave is expected 2 to commence and the expected duration of the school activity 3 leave. An employer may require that an eligible employee 4 obtain subsequent recertification on a reasonable basis. 5 Sec. 5. NEW SECTION . 91F.5 Employer notice —— complaint 6 process. 7 An employer shall post, in conspicuous places on the 8 premises of the employer where notices to eligible employees 9 and applicants for employment are customarily posted, a notice, 10 to be prepared or approved by the commissioner, setting forth 11 excerpts from, or summaries of, the pertinent provisions of 12 this chapter and information pertaining to the submission of a 13 complaint to the commissioner. 14 Sec. 6. NEW SECTION . 91F.6 Prohibited acts. 15 1. An employer shall not refuse to hire, discharge, fine, 16 suspend, expel, deny any employment benefit to, or discriminate 17 against an individual for exercising the individual’s rights 18 to take school activity leave or for giving any information, 19 testifying, or cooperating with an investigation pursuant to 20 this chapter. 21 2. An employer shall not interfere with an investigation or 22 proceeding pursuant to this chapter. 23 Sec. 7. NEW SECTION . 91F.7 Complaints —— investigative 24 authority. 25 1. An eligible employee may submit a complaint to the 26 commissioner alleging a violation of this chapter. 27 2. The commissioner, or the commissioner’s designee, shall 28 have the power to enter the premises of an employer, when the 29 premises is open or in operation, for the purpose of enforcing 30 this chapter. 31 3. The commissioner, or the commissioner’s designee, 32 may issue subpoenas, administer oaths, and take testimony 33 in all matters relating the enforcement of this chapter. 34 Witnesses subpoenaed and testifying before the commissioner 35 -3- LSB 5083YH (5) 84 je/rj 3/ 7

H.F. 2211 or the commissioner’s designee shall be paid the same fees as 1 witnesses under section 622.69, payment to be made out of the 2 funds appropriated to the division of labor services. 3 4. The commissioner may require employers to keep records 4 pertaining to compliance with this chapter. The commissioner 5 shall not require an employer to submit to the commissioner 6 records more than once during any twelve-month period, unless 7 the commissioner has reasonable cause to believe a violation 8 of this chapter has occurred. 9 Sec. 8. NEW SECTION . 91F.8 Penalties —— enforcement. 10 1. An employer that fails to grant an eligible employee 11 school activity leave authorized by section 91F.2 shall be 12 liable to the eligible employee for damages equal to the 13 amount of any wages, salary, employment benefits, or other 14 compensation denied or lost to such employee by reason of the 15 violation; court costs; reasonable attorney fees; and any other 16 equitable relief the court deems appropriate. 17 2. An employer that violates this chapter shall be assessed 18 a civil penalty of one hundred dollars for each separate 19 offense. The commissioner, or the commissioner’s designee, 20 may recover the civil penalty. All civil penalties collected 21 pursuant to this chapter shall be deposited in the general fund 22 of the state. 23 Sec. 9. NEW SECTION . 91F.9 Rules. 24 The commissioner shall adopt, pursuant to chapter 17A, any 25 rules necessary to administer this chapter. 26 Sec. 10. APPLICABILITY. This Act applies only to those 27 collective bargaining agreements entered into on or after the 28 effective date of this Act. 29 EXPLANATION 30 This bill provides that an eligible employee is entitled to 31 200 hours of school activity leave during any 12-month period. 32 “School activity leave” is defined as full or partial absence 33 from an eligible employee’s ordinary job responsibilities 34 either with full or partial pay or without pay, to attend a 35 -4- LSB 5083YH (5) 84 je/rj 4/ 7

H.F. 2211 school activity at which the eligible employee has a leadership 1 role. An “eligible employee” is defined as an employee as 2 defined in Code section 91A.2 who has been employed for at 3 least 12 months and for least 1,250 hours of service during the 4 previous 12-month period by the employer from whom leave is 5 requested. An “employer” is defined as a person who, in this 6 state, employs 50 or more natural persons for each working day 7 during each of 20 or more calendar work weeks in the current 8 or preceding calendar year. A “school activity” is defined 9 as any activity of students sponsored by a school, including 10 athletic contests, concerts, school plays, and events organized 11 by student organizations. 12 The bill provides that an employer may deny school activity 13 leave to an eligible employee if denial is necessary to prevent 14 substantial economic injury to the operations of the employer; 15 the employer notifies the employee of the employer’s intent to 16 deny restoration of the employee’s position on such basis at 17 the time the employer determines that such injury would occur; 18 and in any case in which the leave has commenced, the employee 19 elects not to return to employment after receiving such notice. 20 This exemption applies only to an eligible employee who is a 21 salaried employee who is among the highest paid 10 percent of 22 the employees employed by the employer within 75 miles of the 23 facility at which the employee is employed. 24 The bill provides that school activity leave need not be paid 25 leave. However, an eligible employee may elect to substitute 26 for school activity leave any of the eligible employee’s 27 accrued vacation leave or other accrued time off during such 28 period or any other paid or unpaid time off negotiated with the 29 employer. 30 The bill requires an eligible employee to provide the 31 employer with reasonable advance notice of foreseeable need for 32 school activity leave. Reasonable notice shall be at least 30 33 days where practical. An eligible employee is also required 34 to make a reasonable effort in the scheduling of school 35 -5- LSB 5083YH (5) 84 je/rj 5/ 7

H.F. 2211 activity leave so as not to unduly disrupt the operations of 1 an employer. 2 The bill provides that an employer may require that a request 3 for school activity leave be supported by a certification 4 issued by a school superintendent, principal, or other school 5 authority of the eligible employee’s child. The eligible 6 employee must then provide, in a timely manner, certification 7 to the employer. The certification is to include the date 8 on which the school activity leave is expected to commence 9 and the expected duration of the leave. The bill provides 10 that an employer may require that an eligible employee obtain 11 subsequent recertification on a reasonable basis. 12 The bill requires each employer to post a notice, to be 13 prepared or approved by the labor commissioner, setting forth 14 excerpts from, or summaries of, the pertinent provisions of 15 the bill and information pertaining to the submission of a 16 complaint to the labor commissioner. 17 The bill prohibits an employer from refusing to hire, 18 discharging, fining, suspending, expelling, denying any 19 employment benefit to, or discriminating against an individual 20 for exercising the individual’s rights to take school activity 21 leave or for giving any information, testifying, or cooperating 22 with an investigation pursuant to the bill. The bill also 23 prohibits an employer from interfering with an investigation or 24 proceeding pursuant to the bill. 25 The bill provides that an eligible employee may submit a 26 complaint to the labor commissioner alleging a violation of 27 the bill. The bill provides that the labor commissioner, or 28 the commissioner’s designee, may enter the premises of an 29 employer, when the premises is open or in operation, for the 30 purpose of enforcing the bill’s provisions. The bill provides 31 that the labor commissioner, or the commissioner’s designee, 32 may issue subpoenas, administer oaths, and take testimony in 33 all matters relating to the enforcement of the bill. The bill 34 provides that the labor commissioner may require employers 35 -6- LSB 5083YH (5) 84 je/rj 6/ 7

H.F. 2211 to keep records pertaining to compliance with the bill, but 1 cannot require any employer to submit records more than once 2 during any 12-month period, unless the labor commissioner 3 has reasonable cause to believe a violation of the bill has 4 occurred. 5 The bill provides that an employer that fails to grant 6 an eligible employee school activity leave is liable to the 7 employee for damages equal to the amount of any wages, salary, 8 employment benefits, or other compensation denied or lost 9 to the employee by reason of the violation; court costs; 10 reasonable attorney fees; and any other equitable relief the 11 court deems appropriate. The bill also provides that any 12 employer that violates the bill shall be assessed a civil 13 penalty of $100, which is to be deposited in the state general 14 fund, for each separate offense. The labor commissioner, or 15 the commissioner’s designee, may recover the civil penalty. 16 The bill directs the labor commissioner to adopt any rules 17 necessary to administer the bill. 18 The bill applies to only those collective bargaining 19 agreements entered into on or after the effective date of the 20 bill. 21 -7- LSB 5083YH (5) 84 je/rj 7/ 7