House File 412 - Introduced HOUSE FILE 412 BY BERRY , STAED , OURTH , STECKMAN , THEDE , HUNTER , T. TAYLOR , H. MILLER , STUTSMAN , KEARNS , ANDERSON , BEARINGER , GASKILL , KRESSIG , WINCKLER , LENSING , WOLFE , BENNETT , WESSEL-KROESCHELL , and KELLEY A BILL FOR An Act requiring certain employers to provide leave for school 1 conferences and classroom activities, providing penalties, 2 and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1916HH (3) 86 je/sc
H.F. 412 Section 1. NEW SECTION . 302.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Child” means a biological, adopted, or foster child, 4 or stepchild or legal ward, of an employee, who is enrolled in 5 a school in this state. 6 2. “Employer” means a person who employs fifty or more 7 employees in this state. 8 3. “School” means a public or nonpublic school located in 9 this state. 10 Sec. 2. NEW SECTION . 302.2 School conference and classroom 11 activity leave. 12 An employer shall grant an employee at least eight hours 13 of leave during any twelve-month period to attend school 14 conferences or classroom activities relating to the employee’s 15 child if the conference or activity cannot be scheduled outside 16 of the employee’s scheduled work hours. The employee shall 17 consult with the employer to schedule the leave so as not to 18 unduly disrupt the operations of the employer. 19 Sec. 3. NEW SECTION . 302.3 Limitations on leave. 20 1. An employer is not required to grant an employee more 21 than four hours of leave pursuant to this chapter. 22 2. An employer is not required to grant leave under this 23 chapter if granting such leave would result in more than five 24 percent of the employer’s work force or five percent of an 25 employee’s work shift taking such leave at the same time. 26 3. An employer may require an employee to use accrued 27 vacation leave or any other time off from work for which the 28 employee is eligible, other than sick leave, before granting 29 the employee leave pursuant to this chapter. 30 Sec. 4. NEW SECTION . 302.4 Compensation optional —— make-up 31 time. 32 An employer is not required to pay an employee for leave 33 taken pursuant to this chapter. An employer shall not require 34 an employee who uses leave pursuant to this chapter to make 35 -1- LSB 1916HH (3) 86 je/sc 1/ 3
H.F. 412 up the time taken. An employer shall pay the rate for normal 1 working time if an employee makes up the time taken. An 2 employer shall make a good-faith effort to permit an employee 3 to make up the time taken. An employer is not required to 4 schedule make-up time in a manner that would require the 5 payment of overtime pay. 6 Sec. 5. NEW SECTION . 302.5 Penalty. 7 An employer who violates this chapter is guilty of a simple 8 misdemeanor. 9 Sec. 6. APPLICABILITY. This Act applies to collective 10 bargaining agreements and employee benefit plans entered into 11 on or after the effective date of this Act. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill requires an employer to grant an employee at least 16 eight hours of leave during any 12-month period to attend 17 school conferences or classroom activities relating to the 18 employee’s child if the conference cannot be scheduled outside 19 of the employee’s scheduled work hours. The employee must 20 consult with the employer to schedule the leave so as not to 21 unduly disrupt the operations of the employer. 22 The bill defines “employer” as a person who employs 50 or 23 more employees in Iowa. The bill defines “school” as a public 24 or nonpublic school located in Iowa. 25 The bill provides for limitations on the leave requirement, 26 including a limitation of four hours of leave in a 24-hour 27 period and an option for an employer to require use of other 28 forms of leave first. 29 The leave required by the bill need not be paid leave. An 30 employer is prohibited from requiring an employee to make 31 up the time taken for the leave. An employer must make a 32 good-faith effort to permit an employee to make up the time 33 taken. 34 An employer who violates the bill is guilty of a simple 35 -2- LSB 1916HH (3) 86 je/sc 2/ 3
H.F. 412 misdemeanor. A simple misdemeanor is punishable by confinement 1 for no more than 30 days or a fine of at least $65 but not more 2 than $625 or by both. 3 The bill applies to collective bargaining agreements and 4 employee benefit plans entered into on or after the effective 5 date of the bill. 6 -3- LSB 1916HH (3) 86 je/sc 3/ 3