H.F. 2413 Section 1. Section 84A.5, subsection 4, Code 2014, is 1 amended to read as follows: 2 4. The division of labor services is responsible for the 3 administration of the laws of this state under chapters 88 , 4 88A , 88B , 89 , 89A , 89B , 90A , 91 , 91A , 91C , 91D , 91E , 91F, 92 , 5 and 94A , and section 85.68 . The executive head of the division 6 is the labor commissioner, appointed pursuant to section 91.2 . 7 Sec. 2. Section 91.4, subsection 2, Code 2014, is amended 8 to read as follows: 9 2. The director of the department of workforce development, 10 in consultation with the labor commissioner, shall, at the 11 time provided by law, make an annual report to the governor 12 setting forth in appropriate form the business and expense of 13 the division of labor services for the preceding year, the 14 number of remedial actions taken under chapter 89A , the number 15 of disputes or violations processed by the division and the 16 disposition of the disputes or violations, and other matters 17 pertaining to the division which are of public interest, 18 together with recommendations for change or amendment of the 19 laws in this chapter and chapters 88 , 88A , 88B , 89 , 89A , 89B , 20 90A , 91A , 91C , 91D , 91E , 91F, 92 , and 94A , and section 85.68 , 21 and the recommendations, if any, shall be transmitted by the 22 governor to the first general assembly in session after the 23 report is filed. 24 Sec. 3. NEW SECTION . 91F.1 Definitions. 25 For purposes of this chapter, unless the context otherwise 26 requires: 27 1. “Commissioner” means the labor commissioner appointed 28 pursuant to section 91.2, or the labor commissioner’s designee. 29 2. “Eligible employee” means the same as defined in the 30 federal Family and Medical Leave Act of 1993, §101, as codified 31 in 29 U.S.C. §2611, as amended to July 1, 2014. 32 3. “Employee” means an individual who is employed in this 33 state for compensation by an employer. 34 4. “Employer” means the same as defined in the federal 35 -1- LSB 6072YH (3) 85 je/rj 1/ 4

H.F. 2413 Family and Medical Leave Act of 1993, §101, as codified in 29 1 U.S.C. §2611, as amended to July 1, 2014. 2 5. “Leave” means leave to which an eligible employee is 3 entitled pursuant to the federal Family and Medical Leave Act 4 of 1993, as amended to July 1, 2014. “Leave” does not include 5 supplemental leave to which an eligible employee is entitled 6 pursuant to this chapter. 7 Sec. 4. NEW SECTION . 91F.2 Supplemental leave required. 8 An employer shall grant an eligible employee, who exhausts 9 all leave for which the employee is eligible, twelve weeks 10 of supplemental leave during any twelve-month period. Such 11 supplemental leave shall be subject to the same requirements, 12 duties, terms, and conditions for leave as provided in the 13 federal Family and Medical Leave Act of 1993, as amended 14 to July 1, 2014. Supplemental leave is not required to be 15 compensated under this chapter. 16 Sec. 5. NEW SECTION . 91F.3 Employer prohibitions —— 17 complaints —— remedies. 18 1. An employer shall not interfere with, restrain, or deny 19 the exercise of or the attempt to exercise, any right provided 20 under this chapter. An employer shall not discharge or in any 21 other manner discriminate against any employee because the 22 employee has exercised a right afforded by this chapter, filed 23 a complaint or brought an action under this chapter, or has 24 cooperated in bringing any action against an employer. 25 2. An employee may file a complaint with the commissioner 26 alleging a violation of this chapter within thirty days after 27 such violation occurs. Upon receipt of the complaint, the 28 commissioner shall cause an investigation to be made to the 29 extent deemed appropriate. If the commissioner determines 30 from the investigation that the provisions of this chapter 31 have been violated, the commissioner shall bring an action 32 in the appropriate district court against such person. The 33 district court shall have jurisdiction, for cause shown, to 34 restrain violations of this chapter and order all appropriate 35 -2- LSB 6072YH (3) 85 je/rj 2/ 4

H.F. 2413 relief including damages equal to the amount of any wages, 1 salary, employment benefits, or other compensation denied or 2 lost to the employee or actual monetary losses sustained by the 3 employee or rehiring or reinstatement of the employee to the 4 former position with back pay. 5 Sec. 6. NEW SECTION . 91F.4 Rules. 6 The commissioner shall adopt rules to administer this 7 chapter. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill requires an employer to grant an eligible 12 employee, who exhausts leave to which the employee is entitled 13 pursuant to the federal Family and Medical Leave Act of 14 1993, 12 weeks of supplemental leave during any 12-month 15 period. Such supplemental leave shall be subject to the same 16 requirements, duties, terms, and conditions for leave provided 17 in the federal Family and Medical Leave Act of 1993. Such 18 supplemental leave is not required to be compensated under the 19 bill. 20 The bill defines “employer” and “eligible employee” as those 21 terms are used in the federal Family and Medical Leave Act of 22 1993. “Eligible employee” generally includes employees who 23 have been employed for at least 12 months by an employer and 24 for at least 1,250 hours of service with an employer during 25 the previous 12-month period, excluding an employee who is 26 employed at a worksite at which the employer employs less than 27 50 employees, if the total number of employees employed by that 28 employer within 75 miles of that worksite is less than 50. 29 “Employer” generally includes any person engaged in commerce 30 or in any industry or activity affecting commerce who employs 31 50 or more employees for each working day during each of 20 or 32 more calendar workweeks in the current or preceding calendar 33 year. 34 The bill prohibits an employer from interfering with, 35 -3- LSB 6072YH (3) 85 je/rj 3/ 4

H.F. 2413 restraining, or denying the exercise of or the attempt 1 to exercise, any right provided by the bill. The bill 2 prohibits an employer from discharging or in any other manner 3 discriminating against any employee because the employee has 4 exercised a right afforded by the bill, or filed a complaint or 5 brought an action or cooperated in bringing any action against 6 an employer pursuant to the bill. 7 The bill permits an employee to file a complaint with the 8 labor commissioner alleging a violation of the bill. Upon 9 receipt of the complaint, the commissioner shall investigate to 10 the extent deemed appropriate. If the commissioner determines 11 that the provisions of the bill have been violated, the 12 commissioner shall bring an action in district court. The 13 district court shall have jurisdiction, for cause shown, to 14 restrain violations of the bill and order appropriate relief, 15 including damages or rehiring or reinstatement of the employee 16 to the former position with back pay. 17 -4- LSB 6072YH (3) 85 je/rj 4/ 4