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 TLSB 1223XS (10) 88 ko/rn
S.F. 276 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 35 -1- LSB 1223XS (10) 88 ko/rn 1/ 5
S.F. 276 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 35 -2- LSB 1223XS (10) 88 ko/rn 2/ 5
S.F. 276 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 -3- LSB 1223XS (10) 88 ko/rn 3/ 5
S.F. 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 35 -4- LSB 1223XS (10) 88 ko/rn 4/ 5
S.F. 276 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. 17 -5- LSB 1223XS (10) 88 ko/rn 5/ 5