Senate
File
276
-
Introduced
SENATE
FILE
276
BY
MATHIS
A
BILL
FOR
An
Act
relating
to
specified
professional
benefits,
1
accommodations,
and
representations,
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
216.6,
subsection
2,
Code
2019,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
f.
(1)
An
employer
shall
provide
reasonable
3
accommodation
to
an
employee
based
on
medical
conditions
4
related
to
the
employee’s
pregnancy
or
childbirth
if
upon
the
5
advice
of
the
employee’s
health
care
provider
the
employee
6
makes
such
a
request.
7
(2)
For
purposes
of
this
paragraph
“f”
,
“reasonable
8
accommodation”
means
modifications
or
adjustments
to
the
9
work
environment,
or
to
the
manner
or
circumstances
under
10
which
an
employee’s
position
is
customarily
performed,
that
11
enable
an
employee
with
a
medical
condition
related
to
the
12
employee’s
pregnancy
or
the
birth
of
the
employee’s
child
to
13
perform
the
essential
functions
of
that
position.
“Reasonable
14
accommodation”
does
not
include
a
change
or
modification
that
15
would
impose
an
undue
hardship
on
the
employer.
16
Sec.
2.
Section
216.6A,
Code
2019,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
2A.
It
shall
be
an
unfair
or
discriminatory
19
practice
for
any
employer
or
agent
of
any
employer
to
do
any
of
20
the
following:
21
a.
Require,
as
a
condition
of
employment,
that
an
employee
22
refrain
from
disclosing,
discussing,
or
sharing
information
23
about
the
employee’s
wages,
benefits,
or
other
compensation,
or
24
from
inquiring,
discussing,
or
sharing
information
about
any
25
other
employee’s
wages,
benefits,
or
other
compensation.
26
b.
Require,
as
a
condition
of
employment,
that
an
employee
27
sign
a
waiver
or
other
document
that
requires
the
employee
28
to
refrain
from
engaging
in
any
activities
the
employee
is
29
permitted
to
engage
in
under
paragraph
“a”
.
30
c.
Discriminate
or
retaliate
against
an
employee
for
31
engaging
in
any
activities
the
employee
is
permitted
to
engage
32
in
under
paragraph
“a”
.
33
d.
Seek
current
or
historical
compensation
information,
34
including
but
not
limited
to
information
on
salary
and
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benefits,
from
a
potential
employee
as
a
condition
of
being
1
granted
a
job
interview
or
extended
an
offer
of
employment.
2
This
paragraph
shall
not
be
construed
to
prohibit
an
employer
3
from
making
inquiries
of
a
prospective
employee
regarding
the
4
prospective
employee’s
desired
compensation
level
to
accept
a
5
position
with
the
employer.
6
e.
Release
compensation
history,
including
but
not
limited
7
to
information
on
salary
and
benefits,
of
any
current
or
former
8
employee,
to
a
prospective
employer
of
the
current
or
former
9
employee,
without
express
written
authorization
from
the
10
current
or
former
employee.
11
Sec.
3.
Section
237A.13,
subsection
7,
paragraph
c,
Code
12
2019,
is
amended
to
read
as
follows:
13
c.
Families
with
an
income
of
more
than
one
hundred
percent
14
but
not
more
than
one
hundred
forty-five
eighty-five
percent
15
of
the
federal
poverty
level
whose
members,
for
at
least
16
twenty-eight
hours
per
week
in
the
aggregate,
are
employed
17
or
are
participating
at
a
satisfactory
level
in
an
approved
18
training
program
or
educational
program.
19
Sec.
4.
DIRECTIVE
TO
DEPARTMENT
OF
HUMAN
SERVICES
ON
CHILD
20
CARE
ASSISTANCE.
Effective
January
1,
2020,
the
department
of
21
human
services
shall
amend
its
administrative
rules
pursuant
22
to
chapter
17A
to
provide
income
eligibility
for
state
child
23
care
assistance,
according
to
family
size
for
children
needing
24
basic
care,
to
families
whose
nonexempt
gross
monthly
income
25
does
not
exceed
one
hundred
eighty-five
percent
of
the
federal
26
poverty
level.
27
Sec.
5.
RECOGNITION
PROGRAM
FOR
GENDER
DIVERSITY
ON
BOARD
OF
28
DIRECTORS
OR
OTHER
GOVERNING
BOARD.
29
1.
Effective
January
1,
2020,
the
economic
development
30
authority
shall
implement
and
administer
a
program
that
31
provides
a
certification
or
other
recognition
for
companies
32
that
have
at
least
fifty
percent
women
on
the
company’s
board
33
of
directors
or
other
governing
board.
34
2.
The
authority
shall
establish
criteria
for
all
of
the
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following:
1
a.
Issuance
of
a
certification
or
other
recognition.
2
b.
Revocation
of
the
certification
or
other
recognition.
3
c.
Renewal
of
the
certification
or
other
recognition.
4
d.
Terms
of
use
for
a
company
that
has
received
the
5
certification
or
other
recognition.
6
3.
The
authority
shall
adopt
rules
pursuant
to
chapter
17A
7
as
necessary
to
implement
and
administer
this
section.
8
Sec.
6.
PAID
FAMILY
LEAVE
AND
MEDICAL
LEAVE
INSURANCE
——
9
FEASIBILITY
STUDY.
The
director
of
the
department
of
workforce
10
development
shall
conduct
a
study
on
the
feasibility
of
11
establishing
a
state-administered
paid
family
leave
and
medical
12
leave
insurance
program
and
analyze
the
associated
benefits
13
and
costs.
The
director
shall
determine
the
premium
rates
14
and
benefit
levels
appropriate
to
fully
fund
and
maintain
the
15
solvency
of
a
family
leave
and
medical
leave
insurance
account.
16
The
director
shall
apply
for
any
federal
and
nonprofit
grants
17
that
may
be
available
to
conduct
the
study.
18
The
director
shall
submit
a
report
including
findings
and
19
recommendations
to
the
general
assembly
no
later
than
December
20
15,
2020.
21
Sec.
7.
EFFECTIVE
DATE.
The
following,
being
deemed
of
22
immediate
importance,
takes
effect
upon
enactment:
23
The
section
of
this
Act
requiring
the
department
of
human
24
services
to
amend
its
rules
to
provide
income
eligibility
for
25
state
child
care
assistance.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
specified
professional
benefits,
30
accommodations,
and
representations.
31
UNFAIR
AND
DISCRIMINATORY
PRACTICES.
The
bill
makes
it
an
32
unfair
or
discriminatory
practice
for
any
employer
to
require,
33
as
a
condition
of
employment,
that
an
employee
refrain
from
34
disclosing,
discussing,
or
sharing
information
about
wages,
35
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276
benefits,
or
other
compensation
with
other
employees,
or
1
to
require
an
employee
to
sign
a
waiver
that
requires
the
2
employee
to
refrain
from
engaging
in
such
activities.
The
3
bill
prohibits
an
employer
from
discriminating
or
retaliating
4
against
an
employee
for
engaging
in
any
such
activities.
5
The
bill
also
prohibits
an
employer
from
seeking
current
or
6
historical
compensation
information
from
a
potential
employee
7
as
a
condition
of
being
granted
a
job
interview
or
extended
an
8
offer
of
employment.
An
employer
is
prohibited
from
releasing
9
the
compensation
history
of
any
current
or
former
employee
to
a
10
prospective
employer
without
express
written
authorization
from
11
the
current
or
former
employee.
12
REASONABLE
ACCOMMODATION.
The
bill
requires
an
employer
13
to
provide
a
reasonable
accommodation
to
an
employee
based
14
on
medical
conditions
related
to
the
employee’s
pregnancy
or
15
childbirth
if
upon
the
advice
of
the
employee’s
health
care
16
provider
the
employee
so
requests.
“Reasonable
accommodation”
17
is
defined
in
the
bill.
18
STATE
CHILDCARE
ASSISTANCE.
Current
law
provides
that
19
a
family
with
an
income
of
more
than
100
percent
but
not
20
more
than
145
percent
of
the
federal
poverty
level,
whose
21
family
members
are
working
at
least
28
hours
a
week
or
are
22
participating
in
an
approved
training
program
or
educational
23
program,
are
eligible
to
be
placed
on
the
wait
list
for
state
24
child
care
assistance.
The
bill
changes
the
cap
on
a
family’s
25
income
to
185
percent
of
the
federal
poverty
level
and
directs
26
the
department
of
human
services
to
amend
the
department’s
27
rules,
effective
January
1,
2020,
to
reflect
this
change.
This
28
section
of
the
bill
related
to
the
rule
changes
takes
effect
29
upon
enactment.
30
CERTIFICATION
RECOGNIZING
GENDER
DIVERSITY.
The
bill
31
requires
the
economic
development
authority,
by
January
1,
32
2020,
to
implement
and
administer
a
program
that
provides
a
33
certification
or
other
recognition
for
companies
that
have
at
34
least
50
percent
women
on
the
company’s
board
of
directors.
As
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part
of
the
program,
the
authority
is
required
to
establish
1
criteria
for
issuance
of
a
certification,
revocation
and
2
renewal
of
the
certification,
or
other
recognition
and
terms
3
of
use
for
a
company
that
has
received
the
certification.
The
4
authority
shall
adopt
rules
as
necessary
to
implement
and
5
administer
the
program.
6
PAID
FAMILY
LEAVE
AND
MEDICAL
LEAVE
FEASIBILITY
STUDY.
The
7
bill
requires
the
director
of
the
department
of
workforce
8
development
to
conduct
a
study
on
the
feasibility
of
9
establishing
a
state-administered
paid
family
leave
and
medical
10
leave
insurance
program.
The
director
is
also
required
to
11
analyze
the
associated
benefits
and
costs,
and
determine
12
the
premium
rates
and
benefit
levels
appropriate
to
fully
13
fund
and
maintain
the
solvency
of
a
family
leave
and
medical
14
leave
insurance
account.
The
director
shall
submit
a
report
15
containing
the
findings
and
recommendations
to
the
general
16
assembly
no
later
than
December
15,
2020.
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