House
File
480
-
Introduced
HOUSE
FILE
480
BY
KELLEY
A
BILL
FOR
An
Act
requiring
employers
to
provide
employment
leave
1
to
attend
parent-teacher
conferences
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
84A.5,
subsection
4,
Code
2015,
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
2015,
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
As
used
in
this
chapter,
unless
the
context
otherwise
26
requires:
27
1.
“Child”
means
a
biological,
adopted,
or
foster
child,
28
a
stepchild,
a
legal
ward,
or
a
child
of
a
person
standing
in
29
loco
parentis
who
is
under
eighteen
years
of
age
or
is
eighteen
30
years
of
age
or
older
and
incapable
of
self-care
because
of
a
31
mental
or
physical
disability.
32
2.
“Commissioner”
means
the
labor
commissioner,
appointed
33
pursuant
to
section
91.2.
34
3.
“Eligible
employee”
means
an
employee
as
defined
in
35
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section
91A.2
who
has
been
employed
for
at
least
twelve
months
1
and
for
at
least
one
thousand
two
hundred
fifty
hours
during
2
the
previous
twelve-month
period
by
the
employer
from
whom
3
leave
permitted
by
this
chapter
is
requested.
4
4.
“Employer”
means
a
person
who,
in
this
state,
employs
5
fifty
or
more
natural
persons
for
each
working
day
during
6
each
of
twenty
or
more
calendar
work
weeks
in
the
current
or
7
preceding
calendar
year.
8
5.
“Leave”
means
full
or
partial
absence
from
an
eligible
9
employee’s
ordinary
job
responsibilities
either
with
full
or
10
partial
pay
or
without
pay.
11
Sec.
4.
NEW
SECTION
.
91F.2
Leave
for
parent-teacher
12
conferences
authorized.
13
Except
as
provided
in
section
91F.3,
an
eligible
employee
14
shall
be
entitled
to
take
leave
to
attend
a
parent-teacher
15
conference.
16
Sec.
5.
NEW
SECTION
.
91F.3
Exemption.
17
1.
An
employer
may
deny
leave
under
section
91F.2
to
an
18
eligible
employee
if
all
of
the
following
apply:
19
a.
Denial
is
necessary
to
prevent
substantial
economic
20
injury
to
the
operations
of
the
employer.
21
b.
The
employer
notifies
the
employee
of
the
intent
of
the
22
employer
to
deny
restoration
of
the
employee’s
position
on
such
23
basis
at
the
time
the
employer
determines
that
such
injury
24
would
occur.
25
c.
In
any
case
in
which
the
leave
has
commenced,
the
26
employee
elects
not
to
return
to
employment
after
receiving
27
such
notice.
28
2.
This
section
applies
only
to
an
eligible
employee
who
29
is
a
salaried
employee
and
who
is
among
the
highest-paid
ten
30
percent
of
the
employees
employed
by
the
employer
within
31
seventy-five
miles
of
the
facility
at
which
the
eligible
32
employee
is
employed.
33
Sec.
6.
NEW
SECTION
.
91F.4
Leave
requirements.
34
1.
An
employer
shall
not
be
required
to
pay
an
eligible
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employee
for
any
leave
taken
pursuant
to
section
91F.2.
1
However,
an
eligible
employee
taking
leave
permitted
by
this
2
chapter
may
elect
to
substitute
for
the
leave
permitted
under
3
this
chapter
any
of
the
eligible
employee’s
accrued
vacation
4
leave
or
other
accrued
time
off
during
such
period
or
any
other
5
paid
or
unpaid
time
off
negotiated
with
the
employer.
6
2.
An
eligible
employee
shall
provide
the
employer
with
7
reasonable
advance
notice
of
foreseeable
need
for
leave
8
permitted
by
this
chapter.
Reasonable
notice
shall
be
at
least
9
thirty
days
where
practical.
An
eligible
employee
shall
make
10
a
reasonable
effort
in
the
scheduling
of
leave
so
as
not
to
11
unduly
disrupt
the
operations
of
an
employer.
12
3.
An
employer
may
require
that
a
request
for
leave
under
13
this
chapter
be
supported
by
a
certification
issued
by
a
14
school
superintendent,
principal,
or
other
school
authority
of
15
the
eligible
employee’s
child.
The
eligible
employee
shall
16
provide,
in
a
timely
manner,
a
copy
of
such
certification
to
17
the
employer.
The
certification
shall
include
the
date
on
18
which
the
leave
is
expected
to
occur.
19
Sec.
7.
NEW
SECTION
.
91F.5
Employer
notice.
20
An
employer
shall
post,
in
conspicuous
places
on
the
21
premises
of
the
employer
where
notices
to
eligible
employees
22
and
applicants
for
employment
are
customarily
posted,
a
notice,
23
to
be
prepared
or
approved
by
the
commissioner,
setting
forth
24
excerpts
from,
or
summaries
of,
the
pertinent
provisions
of
25
this
chapter.
The
commissioner
shall
adopt
rules
pursuant
to
26
chapter
17A
providing
for
requirements
for
such
notice.
27
Sec.
8.
APPLICABILITY.
This
Act
applies
only
to
those
28
collective
bargaining
agreements
entered
into
on
or
after
the
29
effective
date
of
this
Act.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
provides
that
an
eligible
employee
is
entitled
to
34
take
employment
leave
to
attend
a
parent-teacher
conference.
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“Leave”
is
defined
as
full
or
partial
absence
from
an
eligible
1
employee’s
ordinary
job
responsibilities
either
with
full
or
2
partial
pay
or
without
pay.
An
“eligible
employee”
is
defined
3
as
an
employee
as
defined
in
Code
section
91A.2
who
has
been
4
employed
for
at
least
12
months
and
for
least
1,250
hours
of
5
service
during
the
previous
12-month
period
by
the
employer
6
from
whom
leave
is
requested.
An
“employer”
is
defined
as
a
7
person
who,
in
this
state,
employs
50
or
more
natural
persons
8
for
each
working
day
during
each
of
20
or
more
calendar
work
9
weeks
in
the
current
or
preceding
calendar
year.
10
The
bill
provides
that
an
employer
may
deny
the
leave
11
to
an
eligible
employee
if
denial
is
necessary
to
prevent
12
substantial
economic
injury
to
the
operations
of
the
employer;
13
the
employer
notifies
the
employee
of
the
employer’s
intent
to
14
deny
restoration
of
the
employee’s
position
on
such
basis
at
15
the
time
the
employer
determines
that
such
injury
would
occur;
16
and
in
any
case
in
which
the
leave
has
commenced,
the
employee
17
elects
not
to
return
to
employment
after
receiving
such
notice.
18
This
exemption
applies
only
to
an
eligible
employee
who
is
a
19
salaried
employee
and
who
is
among
the
highest
paid
10
percent
20
of
the
employees
employed
by
the
employer
within
75
miles
of
21
the
facility
at
which
the
employee
is
employed.
22
The
bill
provides
that
the
leave
need
not
be
paid
leave.
23
However,
an
eligible
employee
may
elect
to
substitute
for
the
24
leave
any
of
the
eligible
employee’s
accrued
vacation
leave
or
25
other
accrued
time
off
during
such
period
or
any
other
paid
or
26
unpaid
time
off
negotiated
with
the
employer.
27
The
bill
requires
an
eligible
employee
to
provide
the
28
employer
with
reasonable
advance
notice
of
foreseeable
need
for
29
the
leave.
Reasonable
notice
shall
be
at
least
30
days
where
30
practical.
An
eligible
employee
is
also
required
to
make
a
31
reasonable
effort
in
the
scheduling
of
the
leave
so
as
not
to
32
unduly
disrupt
the
operations
of
an
employer.
33
The
bill
provides
that
an
employer
may
require
that
a
request
34
for
leave
be
supported
by
a
certification
issued
by
a
school
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superintendent,
principal,
or
other
school
authority
of
the
1
eligible
employee’s
child.
The
eligible
employee
must
then
2
provide,
in
a
timely
manner,
certification
to
the
employer.
3
The
certification
is
to
include
the
date
on
which
the
leave
is
4
to
occur.
5
The
bill
requires
each
employer
to
post
a
notice,
to
be
6
prepared
or
approved
by
the
labor
commissioner,
setting
forth
7
excerpts
from,
or
summaries
of,
the
pertinent
provisions
of
the
8
bill.
9
The
bill
applies
to
only
those
collective
bargaining
10
agreements
entered
into
on
or
after
the
effective
date
of
the
11
bill.
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