HF 480 (LSB 2488YH (1) 86)

HOUSE FILE 480

BY  KELLEY

A BILL FOR

An Act requiring employers to provide employment leave to attend parent-teacher conferences and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 84A.5, subsection 4, Code 2015, is amended to read as follows:
   4.  The division of labor services is responsible for the administration of the laws of this state under chapters 88, 88A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 91F, 92, and 94A, and section 85.68. The executive head of the division is the labor commissioner, appointed pursuant to section 91.2.
    Sec. 2.  Section 91.4, subsection 2, Code 2015, is amended to read as follows:
   2.  The director of the department of workforce development, in consultation with the labor commissioner, shall, at the time provided by law, make an annual report to the governor setting forth in appropriate form the business and expense of the division of labor services for the preceding year, the number of remedial actions taken under chapter 89A, the number of disputes or violations processed by the division and the disposition of the disputes or violations, and other matters pertaining to the division which are of public interest, together with recommendations for change or amendment of the laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, 91F, 92, and 94A, and section 85.68, and the recommendations, if any, shall be transmitted by the governor to the first general assembly in session after the report is filed.
    Sec. 3.  NEW SECTION.  91F.1  Definitions.

   As used in this chapter, unless the context otherwise requires:

   1.  “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under eighteen years of age or is eighteen years of age or older and incapable of self-care because of a mental or physical disability.
   2.  “Commissioner” means the labor commissioner, appointed pursuant to section 91.2.
   3.  “Eligible employee” means an employee as defined in section 91A.2 who has been employed for at least twelve months and for at least one thousand two hundred fifty hours during the previous twelve-month period by the employer from whom leave permitted by this chapter is requested.
   4.  “Employer” means a person who, in this state, employs fifty or more natural persons for each working day during each of twenty or more calendar work weeks in the current or preceding calendar year.
   5.  “Leave” means full or partial absence from an eligible employee’s ordinary job responsibilities either with full or partial pay or without pay.
    Sec. 4.  NEW SECTION.  91F.2  Leave for parent-teacher conferences authorized.

   Except as provided in section 91F.3, an eligible employee shall be entitled to take leave to attend a parent-teacher conference.
    Sec. 5.  NEW SECTION.  91F.3  Exemption.
   1.  An employer may deny leave under section 91F.2 to an eligible employee if all of the following apply:
   a.  Denial is necessary to prevent substantial economic injury to the operations of the employer.
   b.  The employer notifies the employee of the intent of the employer to deny restoration of the employee’s position on such basis at the time the employer determines that such injury would occur.
   c.  In any case in which the leave has commenced, the employee elects not to return to employment after receiving such notice.
   2.  This section applies only to an eligible employee who is a salaried employee and who is among the highest-paid ten percent of the employees employed by the employer within seventy-five miles of the facility at which the eligible employee is employed.
    Sec. 6.  NEW SECTION.  91F.4  Leave requirements.
   1.  An employer shall not be required to pay an eligible employee for any leave taken pursuant to section 91F.2. However, an eligible employee taking leave permitted by this chapter may elect to substitute for the leave permitted under this chapter any of the eligible employee’s accrued vacation leave or other accrued time off during such period or any other paid or unpaid time off negotiated with the employer.
   2.  An eligible employee shall provide the employer with reasonable advance notice of foreseeable need for leave permitted by this chapter. Reasonable notice shall be at least thirty days where practical. An eligible employee shall make a reasonable effort in the scheduling of leave so as not to unduly disrupt the operations of an employer.
   3.  An employer may require that a request for leave under this chapter be supported by a certification issued by a school superintendent, principal, or other school authority of the eligible employee’s child. The eligible employee shall provide, in a timely manner, a copy of such certification to the employer. The certification shall include the date on which the leave is expected to occur.
    Sec. 7.  NEW SECTION.  91F.5  Employer notice.

   An employer shall post, in conspicuous places on the premises of the employer where notices to eligible employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the commissioner, setting forth excerpts from, or summaries of, the pertinent provisions of this chapter. The commissioner shall adopt rules pursuant to chapter 17A providing for requirements for such notice.
    Sec. 8.  APPLICABILITY.  This Act applies only to those collective bargaining agreements entered into on or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides that an eligible employee is entitled to take employment leave to attend a parent-teacher conference. “Leave” is defined as full or partial absence from an eligible employee’s ordinary job responsibilities either with full or partial pay or without pay. An “eligible employee” is defined as an employee as defined in Code section 91A.2 who has been employed for at least 12 months and for least 1,250 hours of service during the previous 12-month period by the employer from whom leave is requested. An “employer” is defined as a person who, in this state, employs 50 or more natural persons for each working day during each of 20 or more calendar work weeks in the current or preceding calendar year.
   The bill provides that an employer may deny the leave to an eligible employee if denial is necessary to prevent substantial economic injury to the operations of the employer; the employer notifies the employee of the employer’s intent to deny restoration of the employee’s position on such basis at the time the employer determines that such injury would occur; and in any case in which the leave has commenced, the employee elects not to return to employment after receiving such notice. This exemption applies only to an eligible employee who is a salaried employee and who is among the highest paid 10 percent of the employees employed by the employer within 75 miles of the facility at which the employee is employed.
   The bill provides that the leave need not be paid leave. However, an eligible employee may elect to substitute for the leave any of the eligible employee’s accrued vacation leave or other accrued time off during such period or any other paid or unpaid time off negotiated with the employer.
   The bill requires an eligible employee to provide the employer with reasonable advance notice of foreseeable need for the leave. Reasonable notice shall be at least 30 days where practical. An eligible employee is also required to make a reasonable effort in the scheduling of the leave so as not to unduly disrupt the operations of an employer.
   The bill provides that an employer may require that a request for leave be supported by a certification issued by a school superintendent, principal, or other school authority of the eligible employee’s child. The eligible employee must then provide, in a timely manner, certification to the employer. The certification is to include the date on which the leave is to occur. 
   The bill requires each employer to post a notice, to be prepared or approved by the labor commissioner, setting forth excerpts from, or summaries of, the pertinent provisions of the bill.
   The bill applies to only those collective bargaining agreements entered into on or after the effective date of the bill.