S.F. 2097 Section 1. Section 84A.5, subsection 4, Code 2016, 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 2016, 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 Public policy. 25 It is the public policy of this state to promote healthy 26 pregnancies by ensuring that pregnant workers are able to 27 obtain necessary prenatal care without loss of income. 28 Sec. 4. NEW SECTION . 91F.2 Definitions. 29 1. “Employee” means a natural person who is employed in this 30 state for wages by an employer. 31 2. “Employer” means a person, as defined in section 4.1, who 32 employs for wages fifty or more natural persons in this state. 33 3. “Prenatal appointment” means an appointment with a 34 licensed health care professional to receive medical advice, 35 -1- LSB 5377XS (3) 86 je/rj 1/ 6

S.F. 2097 diagnosis, care, or treatment relating to an employee’s 1 pregnancy before the employee gives birth. 2 Sec. 5. NEW SECTION . 91F.3 Leave for prenatal appointments. 3 1. An employee shall be entitled to take at least forty 4 hours of leave to attend prenatal appointments during a 5 calendar year. 6 2. An employer shall compensate an employee for leave taken 7 pursuant to this section at the same rate and with the same 8 benefits as the employee normally earns working regular hours. 9 3. An employee shall become eligible for leave pursuant to 10 this section on the first day the employee begins employment. 11 4. An employer may require that an employee provide 12 documentation from a licensed health care professional that 13 leave taken pursuant to this section was taken for the purpose 14 of attending a prenatal appointment. 15 5. Leave to which an employee is entitled pursuant to this 16 section shall be in addition to any other paid sick leave 17 offered by an employer, whether or not such paid sick leave is 18 required by law. An employer shall not require an employee to 19 take any other leave to which the employee is entitled before 20 the employee takes leave pursuant to this section or as a 21 substitute for leave taken pursuant to this section. 22 Sec. 6. NEW SECTION . 91F.4 Prohibition against discharge 23 and discrimination. 24 An employer shall not discharge or in any other manner 25 discriminate against an employee because the employee has 26 filed a complaint alleging a violation of this chapter or 27 has cooperated in filing or responding to such a complaint. 28 An employee may also file a complaint with the commissioner 29 alleging discharge or discrimination within thirty days after 30 such violation occurs. Upon receipt of the complaint, the 31 commissioner shall cause an investigation to be made to the 32 extent deemed appropriate. If the commissioner determines from 33 the investigation that the provisions of this section have 34 been violated, the commissioner shall bring an action in the 35 -2- LSB 5377XS (3) 86 je/rj 2/ 6

S.F. 2097 appropriate district court against such person. The district 1 court shall have jurisdiction, for cause shown, to restrain 2 violations of this section and order all appropriate relief 3 including rehiring or reinstatement of the employee to the 4 former position with back pay. 5 Sec. 7. NEW SECTION . 91F.5 General powers and duties of the 6 commissioner. 7 1. The commissioner shall administer and enforce the 8 provisions of this chapter. The commissioner may hold hearings 9 and investigate charges of violations of this chapter. 10 2. The commissioner shall establish a process for receiving 11 and responding to complaints of violations of this chapter, 12 including determination of the validity of complaints. 13 3. The commissioner may, consistent with due process of 14 law, enter any place of employment to question the employer and 15 employees and to investigate such facts, conditions, or matters 16 as are deemed appropriate in determining whether any person has 17 violated the provisions of this chapter. However, such entry 18 by the commissioner shall only be in response to a written 19 complaint. 20 4. The commissioner may employ such qualified personnel 21 as are necessary for the enforcement of this chapter. Such 22 personnel shall be employed pursuant to chapter 8A, subchapter 23 IV. 24 5. The commissioner shall adopt rules pursuant to chapter 25 17A to administer this chapter. 26 Sec. 8. NEW SECTION . 91F.6 Civil penalties. 27 1. An employer who violates the provisions of this chapter 28 shall be subject to a civil penalty of not more than five 29 hundred dollars for each violation. The commissioner may 30 recover such civil penalty according to the provisions of 31 subsections 2 to 5. Any civil penalty recovered shall be 32 deposited in the general fund of the state. 33 2. The commissioner may propose that an employer be assessed 34 a civil penalty by serving the employer with notice of such 35 -3- LSB 5377XS (3) 86 je/rj 3/ 6

S.F. 2097 proposal in the same manner as an original notice is served 1 under the rules of civil procedure. Upon service of such 2 notice, the proposed assessment shall be treated as a contested 3 case under chapter 17A, if the employer requests a hearing 4 within thirty days of being served. 5 3. If an employer does not request a hearing pursuant 6 to subsection 2 or if the commissioner determines, after an 7 appropriate hearing, that an employer is in violation of this 8 chapter, the commissioner shall assess a civil penalty which 9 is consistent with the provisions of subsection 1 and which is 10 made with due consideration for the penalty amount in terms 11 of the size of the employer’s business, the gravity of the 12 violation, the good faith of the employer, and the history of 13 previous violations. 14 4. An employer may seek judicial review of an assessment 15 made under subsection 3 by instituting proceedings for judicial 16 review pursuant to chapter 17A. However, such proceedings must 17 be instituted in the district court of the county in which the 18 violation or one of the violations occurred and within thirty 19 days of the day on which the employer was notified that an 20 assessment was made. Also, an employer may be required, at 21 the discretion of the district court and upon instituting such 22 proceedings, to deposit the amount assessed with the clerk of 23 the district court. Any moneys so deposited shall either be 24 returned to the employer or be forwarded to the commissioner 25 for deposit in the general fund of the state, depending on the 26 outcome of the judicial review, including any appeal to the 27 supreme court. 28 5. After the time for seeking judicial review has expired 29 or after all judicial review has been exhausted and the 30 commissioner’s assessment has been upheld, the commissioner 31 shall request the attorney general to recover the assessed 32 penalties in a civil action. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -4- LSB 5377XS (3) 86 je/rj 4/ 6

S.F. 2097 the explanation’s substance by the members of the general assembly. 1 This bill provides that an employee is entitled to take at 2 least 40 hours of leave to attend prenatal appointments during 3 a calendar year. The bill requires an employer to compensate 4 an employee for such leave at the same rate and with the same 5 benefits as the employee normally earns working regular hours. 6 An employee becomes eligible for such leave on the first day 7 the employee begins employment. 8 The bill permits an employer to require that an employee 9 provide documentation from a licensed health care professional 10 that such leave was taken for the purpose of attending a 11 prenatal appointment. 12 The bill defines “prenatal appointment” as an appointment 13 with a licensed health care professional to receive medical 14 advice, diagnosis, care, or treatment relating to an employee’s 15 pregnancy before the employee gives birth. The bill defines 16 “employer” as a person who employs for wages 50 or more natural 17 persons in this state. The bill defines “employee” as a 18 natural person who is employed in this state for wages by an 19 employer. 20 The bill provides that leave to which an employee is entitled 21 pursuant to the bill shall be in addition to any other paid 22 sick leave offered by an employer, whether or not such paid 23 sick leave is required by law. The bill prohibits an employer 24 from requiring an employee to take any other leave to which the 25 employee is entitled before the employee takes leave pursuant 26 to the bill or as a substitute for leave taken pursuant to the 27 bill. 28 The bill prohibits an employer from discharging or in any 29 other manner discriminating against any employee because the 30 employee has filed a complaint alleging a violation of the bill 31 or has cooperated in filing or responding to such a complaint. 32 The bill permits an employer to file a complaint with the 33 labor commissioner alleging discharge or discrimination within 34 30 days after such violation occurs. The bill provides the 35 -5- LSB 5377XS (3) 86 je/rj 5/ 6

S.F. 2097 commissioner with investigative and remedial powers to respond 1 to such complaints. 2 The bill provides powers and duties for the commissioner 3 relating to the administration and enforcement of the bill, 4 including holding hearings, establishing a complaint process, 5 conducting investigations, employing qualified personnel, and 6 adopting rules. 7 An employer who violates the bill is subject to a civil 8 penalty of not more than $500 for each violation. The bill 9 provides administrative and judicial processes for imposing and 10 recovering such penalties. 11 -6- LSB 5377XS (3) 86 je/rj 6/ 6