S.F. 105 Section 1. Section 84A.5, subsection 4, Code 2017, 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 2017, 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 1614XS (3) 87 je/rj 1/ 6

S.F. 105 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 a physician who provides 4 primary care and who is a family or general practitioner, a 5 pediatrician, an internist, an obstetrician, or a gynecologist, 6 or a midwife. 7 Sec. 5. NEW SECTION . 91F.3 Leave for prenatal appointments. 8 1. An employee shall be entitled to take leave to attend 9 prenatal appointments as recommended by an employee’s primary 10 care provider in order to promote a healthy pregnancy. 11 2. An employer shall compensate an employee for leave taken 12 pursuant to this section at the same rate and with the same 13 benefits as the employee normally earns working regular hours. 14 3. An employee shall become eligible for leave pursuant to 15 this section on the first day the employee begins employment. 16 4. Each time an employee takes leave pursuant to 17 this section, the employee shall provide to the employer 18 documentation from a licensed health care professional that 19 leave taken pursuant to this section was taken for the purpose 20 of attending a prenatal appointment. 21 5. Leave to which an employee is entitled pursuant to this 22 section shall be in addition to any other paid sick leave 23 offered by an employer, whether or not such paid sick leave is 24 required by law. An employer shall not require an employee to 25 take any other leave to which the employee is entitled before 26 the employee takes leave pursuant to this section or as a 27 substitute for leave taken pursuant to this section. 28 Sec. 6. NEW SECTION . 91F.4 Prohibition against discharge 29 and discrimination. 30 An employer shall not discharge or in any other manner 31 discriminate against an employee because the employee has 32 filed a complaint alleging a violation of this chapter or 33 has cooperated in filing or responding to such a complaint. 34 An employee may also file a complaint with the commissioner 35 -2- LSB 1614XS (3) 87 je/rj 2/ 6

S.F. 105 alleging discharge or discrimination within thirty days after 1 such violation occurs. Upon receipt of the complaint, the 2 commissioner shall cause an investigation to be made to the 3 extent deemed appropriate. If the commissioner determines from 4 the investigation that the provisions of this chapter have 5 been violated, the commissioner shall bring an action in the 6 appropriate district court against such person. The district 7 court shall have jurisdiction, for cause shown, to restrain 8 violations of this chapter and order all appropriate relief 9 including rehiring or reinstatement of the employee to the 10 former position with back pay. 11 Sec. 7. NEW SECTION . 91F.5 General powers and duties of the 12 commissioner. 13 1. The commissioner shall administer and enforce the 14 provisions of this chapter. The commissioner may hold hearings 15 and investigate charges of violations of this chapter. 16 2. The commissioner shall establish a process for receiving 17 and responding to complaints of violations of this chapter, 18 including determination of the validity of complaints. 19 3. The commissioner may, consistent with due process of 20 law, enter any place of employment to question the employer and 21 employees and to investigate such facts, conditions, or matters 22 as are deemed appropriate in determining whether any person has 23 violated the provisions of this chapter. However, such entry 24 by the commissioner shall only be in response to a written 25 complaint. 26 4. The commissioner may employ such qualified personnel 27 as are necessary for the enforcement of this chapter. Such 28 personnel shall be employed pursuant to chapter 8A, subchapter 29 IV. 30 5. The commissioner shall adopt rules pursuant to chapter 31 17A to administer this chapter. 32 Sec. 8. NEW SECTION . 91F.6 Civil penalties. 33 1. An employer who violates the provisions of this chapter 34 shall be subject to a civil penalty of not more than five 35 -3- LSB 1614XS (3) 87 je/rj 3/ 6

S.F. 105 hundred dollars for each violation. The commissioner may 1 recover such civil penalty according to the provisions of 2 subsections 2 to 5. Any civil penalty recovered shall be 3 deposited in the general fund of the state. 4 2. The commissioner may propose that an employer be assessed 5 a civil penalty by serving the employer with notice of such 6 proposal in the same manner as an original notice is served 7 under the rules of civil procedure. Upon service of such 8 notice, the proposed assessment shall be treated as a contested 9 case under chapter 17A, if the employer requests a hearing 10 within thirty days of being served. 11 3. If an employer does not request a hearing pursuant 12 to subsection 2 or if the commissioner determines, after an 13 appropriate hearing, that an employer is in violation of this 14 chapter, the commissioner shall assess a civil penalty which 15 is consistent with the provisions of subsection 1 and which is 16 made with due consideration for the penalty amount in terms 17 of the size of the employer’s business, the gravity of the 18 violation, the good faith of the employer, and the history of 19 previous violations. 20 4. An employer may seek judicial review of an assessment 21 made under subsection 3 by instituting proceedings for judicial 22 review pursuant to chapter 17A. However, such proceedings must 23 be instituted in the district court of the county in which the 24 violation or one of the violations occurred and within thirty 25 days of the day on which the employer was notified that an 26 assessment was made. Also, an employer may be required, at 27 the discretion of the district court and upon instituting such 28 proceedings, to deposit the amount assessed with the clerk of 29 the district court. Any moneys so deposited shall either be 30 returned to the employer or be forwarded to the commissioner 31 for deposit in the general fund of the state, depending on the 32 outcome of the judicial review, including any appeal to the 33 supreme court. 34 5. After the time for seeking judicial review has expired 35 -4- LSB 1614XS (3) 87 je/rj 4/ 6

S.F. 105 or after all judicial review has been exhausted and the 1 commissioner’s assessment has been upheld, the commissioner 2 shall request the attorney general to recover the assessed 3 penalties in a civil action. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill provides that an employee is entitled to take leave 8 to attend prenatal appointments as recommended by an employee’s 9 primary care provider to promote a healthy pregnancy. The bill 10 requires an employer to compensate an employee for such leave 11 at the same rate and with the same benefits as the employee 12 normally earns working regular hours. An employee becomes 13 eligible for such leave on the first day the employee begins 14 employment. 15 The bill requires an employee to provide documentation 16 to an employer from a licensed health care professional that 17 such leave was taken for the purpose of attending a prenatal 18 appointment. 19 The bill defines “prenatal appointment” as an appointment 20 with a licensed health care professional to receive medical 21 advice, diagnosis, care, or treatment relating to an employee’s 22 pregnancy before the employee gives birth. The bill defines 23 “employer” as a person who employs for wages 50 or more natural 24 persons in this state. The bill defines “employee” as a 25 natural person who is employed in this state for wages by 26 an employer for at least 12 hours a week. The bill defines 27 “primary care provider” as a physician who provides primary 28 care who is a family or general practitioner, a pediatrician, 29 an internist, an obstetrician, a gynecologist, or a midwife. 30 The bill provides that leave to which an employee is entitled 31 pursuant to the bill shall be in addition to any other paid 32 sick leave offered by an employer, whether or not such paid 33 sick leave is required by law. The bill prohibits an employer 34 from requiring an employee to take any other leave to which the 35 -5- LSB 1614XS (3) 87 je/rj 5/ 6

S.F. 105 employee is entitled before the employee takes leave pursuant 1 to the bill or as a substitute for leave taken pursuant to the 2 bill. 3 The bill prohibits an employer from discharging or in any 4 other manner discriminating against any employee because the 5 employee has filed a complaint alleging a violation of the bill 6 or has cooperated in filing or responding to such a complaint. 7 The bill permits an employee to file a complaint with the 8 labor commissioner alleging discharge or discrimination within 9 30 days after such violation occurs. The bill provides the 10 commissioner with investigative and remedial powers to respond 11 to such complaints. 12 The bill provides powers and duties for the commissioner 13 relating to the administration and enforcement of the bill, 14 including holding hearings, establishing a complaint process, 15 conducting investigations, employing qualified personnel, and 16 adopting rules. 17 An employer who violates the bill is subject to a civil 18 penalty of not more than $500 for each violation. The bill 19 provides administrative and judicial processes for imposing and 20 recovering such penalties. 21 -6- LSB 1614XS (3) 87 je/rj 6/ 6