S.F. 2243 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 30 this state for wages by an employer for at least twelve hours 31 a week. 32 2. “Employer” means a person, as defined in section 4.1, who 33 employs for wages fifty or more natural persons in this state. 34 3. “Prenatal appointment” means an appointment with a 35 -1- LSB 5377SV (2) 86 je/rj 1/ 6

S.F. 2243 licensed health care professional to receive medical advice, 1 diagnosis, care, or treatment relating to an employee’s 2 pregnancy before the employee gives birth. 3 4. “Primary care provider” means the same as defined in 4 section 252E.1. 5 Sec. 5. NEW SECTION . 91F.3 Leave for prenatal appointments. 6 1. An employee shall be entitled to take leave to attend 7 prenatal appointments as recommended by an employee’s primary 8 care provider in order to promote a healthy pregnancy. 9 2. An employer shall compensate an employee for leave taken 10 pursuant to this section at the same rate and with the same 11 benefits as the employee normally earns working regular hours. 12 3. An employee shall become eligible for leave pursuant to 13 this section on the first day the employee begins employment. 14 4. Each time an employee takes leave pursuant to 15 this section, the employee shall provide to the employer 16 documentation from a licensed health care professional that 17 leave taken pursuant to this section was taken for the purpose 18 of attending a prenatal appointment. 19 5. Leave to which an employee is entitled pursuant to this 20 section shall be in addition to any other paid sick leave 21 offered by an employer, whether or not such paid sick leave is 22 required by law. An employer shall not require an employee to 23 take any other leave to which the employee is entitled before 24 the employee takes leave pursuant to this section or as a 25 substitute for leave taken pursuant to this section. 26 Sec. 6. NEW SECTION . 91F.4 Prohibition against discharge 27 and discrimination. 28 An employer shall not discharge or in any other manner 29 discriminate against an employee because the employee has 30 filed a complaint alleging a violation of this chapter or 31 has cooperated in filing or responding to such a complaint. 32 An employee may also file a complaint with the commissioner 33 alleging discharge or discrimination within thirty days after 34 such violation occurs. Upon receipt of the complaint, the 35 -2- LSB 5377SV (2) 86 je/rj 2/ 6

S.F. 2243 commissioner shall cause an investigation to be made to the 1 extent deemed appropriate. If the commissioner determines from 2 the investigation that the provisions of this section have 3 been violated, the commissioner shall bring an action in the 4 appropriate district court against such person. The district 5 court shall have jurisdiction, for cause shown, to restrain 6 violations of this section and order all appropriate relief 7 including rehiring or reinstatement of the employee to the 8 former position with back pay. 9 Sec. 7. NEW SECTION . 91F.5 General powers and duties of the 10 commissioner. 11 1. The commissioner shall administer and enforce the 12 provisions of this chapter. The commissioner may hold hearings 13 and investigate charges of violations of this chapter. 14 2. The commissioner shall establish a process for receiving 15 and responding to complaints of violations of this chapter, 16 including determination of the validity of complaints. 17 3. The commissioner may, consistent with due process of 18 law, enter any place of employment to question the employer and 19 employees and to investigate such facts, conditions, or matters 20 as are deemed appropriate in determining whether any person has 21 violated the provisions of this chapter. However, such entry 22 by the commissioner shall only be in response to a written 23 complaint. 24 4. The commissioner may employ such qualified personnel 25 as are necessary for the enforcement of this chapter. Such 26 personnel shall be employed pursuant to chapter 8A, subchapter 27 IV. 28 5. The commissioner shall adopt rules pursuant to chapter 29 17A to administer this chapter. 30 Sec. 8. NEW SECTION . 91F.6 Civil penalties. 31 1. An employer who violates the provisions of this chapter 32 shall be subject to a civil penalty of not more than five 33 hundred dollars for each violation. The commissioner may 34 recover such civil penalty according to the provisions of 35 -3- LSB 5377SV (2) 86 je/rj 3/ 6

S.F. 2243 subsections 2 to 5. Any civil penalty recovered shall be 1 deposited in the general fund of the state. 2 2. The commissioner may propose that an employer be assessed 3 a civil penalty by serving the employer with notice of such 4 proposal in the same manner as an original notice is served 5 under the rules of civil procedure. Upon service of such 6 notice, the proposed assessment shall be treated as a contested 7 case under chapter 17A, if the employer requests a hearing 8 within thirty days of being served. 9 3. If an employer does not request a hearing pursuant 10 to subsection 2 or if the commissioner determines, after an 11 appropriate hearing, that an employer is in violation of this 12 chapter, the commissioner shall assess a civil penalty which 13 is consistent with the provisions of subsection 1 and which is 14 made with due consideration for the penalty amount in terms 15 of the size of the employer’s business, the gravity of the 16 violation, the good faith of the employer, and the history of 17 previous violations. 18 4. An employer may seek judicial review of an assessment 19 made under subsection 3 by instituting proceedings for judicial 20 review pursuant to chapter 17A. However, such proceedings must 21 be instituted in the district court of the county in which the 22 violation or one of the violations occurred and within thirty 23 days of the day on which the employer was notified that an 24 assessment was made. Also, an employer may be required, at 25 the discretion of the district court and upon instituting such 26 proceedings, to deposit the amount assessed with the clerk of 27 the district court. Any moneys so deposited shall either be 28 returned to the employer or be forwarded to the commissioner 29 for deposit in the general fund of the state, depending on the 30 outcome of the judicial review, including any appeal to the 31 supreme court. 32 5. After the time for seeking judicial review has expired 33 or after all judicial review has been exhausted and the 34 commissioner’s assessment has been upheld, the commissioner 35 -4- LSB 5377SV (2) 86 je/rj 4/ 6

S.F. 2243 shall request the attorney general to recover the assessed 1 penalties in a civil action. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill provides that an employee is entitled to take leave 6 to attend prenatal appointments as recommended by an employee’s 7 primary care provider to promote a healthy pregnancy. The bill 8 requires an employer to compensate an employee for such leave 9 at the same rate and with the same benefits as the employee 10 normally earns working regular hours. An employee becomes 11 eligible for such leave on the first day the employee begins 12 employment. 13 The bill requires an employee to provide documentation 14 to an employer from a licensed health care professional that 15 such leave was taken for the purpose of attending a prenatal 16 appointment. 17 The bill defines “prenatal appointment” as an appointment 18 with a licensed health care professional to receive medical 19 advice, diagnosis, care, or treatment relating to an employee’s 20 pregnancy before the employee gives birth. The bill defines 21 “employer” as a person who employs for wages 50 or more natural 22 persons in this state. The bill defines “employee” as a 23 natural person who is employed in this state for wages by 24 an employer for at least 12 hours a week. The bill defines 25 “primary care provider” as a physician who provides primary 26 care who is a family or general practitioner, a pediatrician, 27 an internist, an obstetrician, or a gynecologist. 28 The bill provides that leave to which an employee is entitled 29 pursuant to the bill shall be in addition to any other paid 30 sick leave offered by an employer, whether or not such paid 31 sick leave is required by law. The bill prohibits an employer 32 from requiring an employee to take any other leave to which the 33 employee is entitled before the employee takes leave pursuant 34 to the bill or as a substitute for leave taken pursuant to the 35 -5- LSB 5377SV (2) 86 je/rj 5/ 6

S.F. 2243 bill. 1 The bill prohibits an employer from discharging or in any 2 other manner discriminating against any employee because the 3 employee has filed a complaint alleging a violation of the bill 4 or has cooperated in filing or responding to such a complaint. 5 The bill permits an employee to file a complaint with the 6 labor commissioner alleging discharge or discrimination within 7 30 days after such violation occurs. The bill provides the 8 commissioner with investigative and remedial powers to respond 9 to such complaints. 10 The bill provides powers and duties for the commissioner 11 relating to the administration and enforcement of the bill, 12 including holding hearings, establishing a complaint process, 13 conducting investigations, employing qualified personnel, and 14 adopting rules. 15 An employer who violates the bill is subject to a civil 16 penalty of not more than $500 for each violation. The bill 17 provides administrative and judicial processes for imposing and 18 recovering such penalties. 19 -6- LSB 5377SV (2) 86 je/rj 6/ 6