H.F. 275 Section 1. NEW SECTION . 91F.1 Title. 1 This chapter shall be known and may be cited as the “Healthy 2 and Safe Family and Workplace Act” . 3 Sec. 2. NEW SECTION . 91F.2 Public policy. 4 It is the public policy of this state to protect public 5 health and safety and to promote the general welfare of its 6 citizens. To accomplish this, the state supports employers’ 7 efforts to encourage employees to work when they are healthy 8 and protects the basic workplace rights of workers to safeguard 9 public health by remaining home when they are ill. 10 Sec. 3. NEW SECTION . 91F.3 Definitions. 11 1. “Commissioner” means the labor commissioner appointed 12 pursuant to section 91.2, or the commissioner’s designee. 13 2. “Domestic abuse” includes domestic abuse as defined in 14 section 236.2 and domestic abuse assault as defined in section 15 708.2A. 16 3. “Employee” means an employee as defined in the federal 17 Fair Labor Standards Act of 1938, 29 U.S.C. §201 et seq., as 18 amended, who is employed in this state for compensation. 19 4. “Employer” means any person who employs an employee for 20 compensation in this state. 21 5. “Family member” means any individual related to an 22 employee by consanguinity or affinity including the following: 23 a. An employee’s spouse or domestic partner. 24 b. A child or stepchild; foster child; legal ward; a child 25 of a domestic partner; or a child to whom the employee stands 26 in loco parentis. 27 c. A parent or stepparent; foster parent; legal guardian; 28 or a person who stood in loco parentis to the employee when the 29 employee was a minor child. 30 d. A grandparent or spouse or domestic partner of a 31 grandparent. 32 e. A grandchild, stepgrandchild, or foster grandchild. 33 f. A sibling or stepsibling; foster sibling; or spouse or 34 domestic partner of a sibling, stepsibling, or foster sibling. 35 -1- LSB 1526HH (4) 89 je/rn 1/ 16

H.F. 275 g. An aunt or uncle. 1 h. Any other individual related to the employee by 2 consanguinity or affinity or whose close association with the 3 employee is the equivalent of a familial relationship. 4 6. “Health care professional” means a person licensed to 5 provide medical care, mental health care, or dentistry by the 6 state of Iowa. 7 7. “Other violent crime” means a crime causing, meant to 8 cause, or threatening to cause personal injury to a person. 9 8. “Retaliatory personnel action” means discharge, 10 suspension, demotion, unfavorable reassignment, refusal to 11 promote, disciplinary action, or any other adverse action taken 12 by an employer against an employee. 13 9. “Sexual abuse” includes sexual abuse as defined in 14 section 709.1 and incest pursuant to section 726.2. 15 10. “Sick and safe time” means time that is compensated 16 at the same hourly rate and with the same benefits, including 17 health care benefits, as the employee normally earns during 18 hours worked and is provided by an employer to an employee for 19 the purposes described in section 91F.5. In no instance shall 20 the hourly wage be less than that provided in section 91D.1. 21 11. “Stalking” means the same as described in section 22 708.11. 23 12. “Victim” or “victim of crime” means a victim of domestic 24 abuse, sexual abuse, stalking, other violent crime, or the 25 surviving family member of a murder victim. 26 Sec. 4. NEW SECTION . 91F.4 Accrual —— sick and safe time. 27 1. An employee shall have the right to accrue and use sick 28 and safe time as provided in this chapter. 29 2. a. An employee shall accrue sick and safe time equal to 30 at least four percent of the hours worked for the first forty 31 hours worked. 32 b. An employee shall not accrue more than eighty-three hours 33 of sick and safe time in a calendar year, unless the employer 34 selects a higher accrual percentage or limit. 35 -2- LSB 1526HH (4) 89 je/rn 2/ 16

H.F. 275 3. Employees who are exempt from overtime requirements 1 under section 13(a)(1) of the federal Fair Labor Standards Act 2 of 1938, 29 U.S.C. §213(a)(1), are deemed to work forty hours 3 in each work week for purposes of sick and safe time accrual 4 unless their normal work week is less than forty hours, in 5 which case sick and safe time accrues based upon that normal 6 work week. 7 4. Sick and safe time as provided in this section shall 8 begin to accrue upon the commencement of employment for new 9 employees hired on or after January 1, 2022, and for existing 10 employees beginning January 1, 2022. 11 5. An employee may use accrued sick and safe time beginning 12 on the twenty-first calendar day following commencement of the 13 employee’s employment. On and after the twenty-first calendar 14 day of employment, an employee may use sick and safe time as it 15 accrues. 16 6. Accrued sick and safe time shall be carried over for one 17 calendar year or fiscal year, whichever the employer designates 18 as a work year, or longer if the employer sets a longer 19 carryover period, subject to the limit described in subsection 20 2, paragraph “b” . 21 7. An employer with a leave policy that makes available 22 an amount of leave sufficient to meet the minimum accrual 23 requirements of this section, or a greater amount, that may 24 be used for the same purposes and under the same conditions 25 as sick and safe time under this chapter is not required to 26 provide additional sick and safe time beyond the employer’s 27 existing leave policy. 28 8. Nothing in this section shall be construed as requiring 29 financial or other reimbursement to an employee from an 30 employer upon the employee’s termination, resignation, 31 retirement, or other separation from employment for accrued 32 sick and safe time that has not been used. 33 9. a. If an employee is transferred to a separate division, 34 entity, or location, but remains employed by the same employer, 35 -3- LSB 1526HH (4) 89 je/rn 3/ 16

H.F. 275 the employee is entitled to all sick and safe time previously 1 accrued, is entitled to use all accrued sick and safe time as 2 provided in this chapter, and shall continue to accrue sick and 3 safe time at the same rate or higher as before the transfer. 4 b. When there is a separation from employment and the 5 employee is rehired within six months of the separation by 6 the same employer, previously accrued sick and safe time not 7 used prior to the date of separation shall be reinstated. The 8 employee may use such accrued sick and safe time upon rehire, 9 and sick and safe time shall begin to accrue upon rehire. 10 10. At the employer’s discretion, the employer may advance 11 sick and safe time to an employee ahead of accrual of such time 12 by the employee. 13 Sec. 5. NEW SECTION . 91F.5 Use of sick and safe time —— 14 purposes —— procedures. 15 1. Sick and safe time shall be provided to an employee by an 16 employer for the following purposes: 17 a. An employee’s mental or physical illness, injury, or 18 health condition; an employee’s need for medical diagnosis, 19 care, or treatment of a mental or physical illness, injury, 20 or health condition; an employee’s need for preventive mental 21 health or medical care. 22 b. An employee’s need to care for a family member with a 23 mental or physical illness, injury, or health condition; an 24 employee’s need to care for a family member who needs medical 25 diagnosis, care, or treatment of a mental or physical illness, 26 injury, or health condition; an employee’s need to care for a 27 family member who needs preventive mental health or medical 28 care. 29 c. (1) Closure of the employee’s place of work by order of 30 a public official due to a public health emergency. 31 (2) An employee’s need to care for a family member whose 32 school or place of care has been closed by order of a public 33 official due to a public health emergency. 34 (3) An employee’s need to care for a family member when 35 -4- LSB 1526HH (4) 89 je/rn 4/ 16

H.F. 275 public health authorities or a health care professional has 1 determined that the family member’s presence in the community 2 jeopardizes the health of others because of the family member’s 3 exposure to communicable disease, whether or not the family 4 member has actually contracted the communicable disease. 5 d. An employee’s need to be absent from work due to having 6 been a victim of crime, provided the leave from work is to do 7 one or more of the following: 8 (1) Seek medical attention for the employee or family member 9 to recover from physical or psychological injury or disability 10 caused by having been a victim of crime. 11 (2) Obtain services or counseling from a victim services 12 organization, licensed social worker, marital and family 13 therapist, mental health counselor, psychologist, or 14 psychiatrist. 15 (3) Seek relocation or change of residence due to having 16 been a victim of crime. 17 (4) Take legal action, including reporting the crime to law 18 enforcement and preparing for or participating in any civil or 19 criminal legal proceeding related to or resulting from having 20 been a victim of crime. 21 e. An employee’s need to attend a school conference or 22 function of the employee’s child, foster child, or stepchild. 23 An employee shall use no more than twenty hours of sick and 24 safe time per calendar year or fiscal year, whichever the 25 employer designates as a work year, for this purpose. 26 2. Sick and safe time shall be allowed upon the written or 27 oral request of an employee. When possible, the employee shall 28 include the expected duration of the employee’s absence in the 29 request. 30 3. When the use of sick and safe time is foreseeable, the 31 employee shall make a good faith effort to provide notice 32 of the need for such time to the employer in advance of the 33 use of the sick and safe time, and the employee shall make a 34 reasonable effort to schedule the use of sick and safe time in 35 -5- LSB 1526HH (4) 89 je/rn 5/ 16

H.F. 275 a manner that does not unduly disrupt the operations of the 1 employer. 2 4. Accrued sick and safe time may be used in hourly 3 increments or in the smallest increment that the employer’s 4 payroll system uses to account for absences or use of time. 5 5. a. For sick and safe time that extends more than 6 three consecutive days, an employer may require reasonable 7 documentation that the sick and safe time is for the purposes 8 described in subsection 1. Reasonable documentation shall 9 include but not be limited to the following: 10 (1) Documentation signed by a health care professional 11 indicating that sick time is necessary. 12 (2) A law enforcement form, document, or report; a court 13 order; or a statement from a victim and witness advocate 14 affirming that the employee is involved in legal action 15 relating to having been a victim of crime. 16 (3) A signed statement from a certified victim advocate 17 affirming that the employee is changing residences as a result 18 of having been a victim of crime. 19 (4) Documentation from the school including a school 20 calendar, a statement from a teacher, or other statement from 21 an appropriate school official. 22 b. An employer shall not require that the documentation 23 explain the nature of the health care or legal action that is 24 the reason for the use of sick and safe time or the details of 25 the domestic abuse, sexual abuse, stalking, or murder. 26 c. If an employer chooses to require documentation from 27 an employee for use of sick and safe time, the employer is 28 responsible for paying any costs charged to the employee by 29 a health care provider or other entity for providing the 30 specific documentation required by the employer. If the 31 employee has health insurance that covers any portion of the 32 costs of obtaining such documentation, the employer shall only 33 be responsible for paying costs that are not covered by the 34 employee’s health insurance. 35 -6- LSB 1526HH (4) 89 je/rn 6/ 16

H.F. 275 6. An employer shall not require as a condition of allowing 1 sick and safe time under this chapter that the employee search 2 for or find a replacement worker to cover the hours during 3 which the employee will be using sick and safe time. 4 Sec. 6. NEW SECTION . 91F.6 Exercise of rights —— 5 retaliation prohibited. 6 1. An employer or any other person in the workplace shall 7 not interfere with, restrain, or deny the exercise of, or the 8 attempt to exercise, any right protected under this chapter. 9 2. An employer shall not take retaliatory personnel action 10 or discriminate against an employee because the employee has 11 exercised rights protected under this chapter. Such rights 12 include but are not limited to the following: 13 a. The right to use sick and safe time pursuant to this 14 chapter. 15 b. The right to file a complaint or inform any person about 16 any employer’s alleged violation of this chapter. 17 c. The right to cooperate with the commissioner in any 18 investigation of alleged violations of this chapter. 19 d. The right to inform any person of the person’s potential 20 rights under this chapter. 21 3. An employer’s absence control policy shall not count 22 sick and safe time taken pursuant to this chapter as an absence 23 that may lead to or result in discipline, discharge, demotion, 24 suspension, unfavorable reassignment, refusal to promote, or 25 any other adverse action. 26 4. The protections of this section shall apply to any person 27 who mistakenly but in good faith alleges a violation of this 28 section. 29 5. There is a rebuttable presumption of retaliation under 30 this section whenever an employer takes adverse action against 31 an employee within ninety days of when that employee has done 32 any of the following: 33 a. Filed a complaint with the commissioner or a court 34 alleging a violation of any provision of this chapter. 35 -7- LSB 1526HH (4) 89 je/rn 7/ 16

H.F. 275 b. Informed any person about an employer’s alleged violation 1 of this chapter. 2 c. Cooperated with the commissioner or others in an 3 investigation or prosecution of any alleged violation of this 4 chapter. 5 d. Opposed any policy, practice, or act that is unlawful 6 under this chapter. 7 e. Informed any person of the person’s potential rights 8 under this chapter. 9 Sec. 7. NEW SECTION . 91F.7 Notice and posting. 10 1. An employer shall give notice to employees of the 11 following: 12 a. That employees are entitled to sick and safe time. 13 b. The accrual amounts of sick and safe time. 14 c. The terms of use of sick and safe time guaranteed under 15 this chapter. 16 d. The prohibition against retaliation against employees who 17 request or use sick and safe time. 18 e. Each employee has the right to file a complaint or 19 bring a civil action if sick and safe time as required by 20 this chapter is denied by the employer, or the employee is 21 retaliated against for requesting or taking sick and safe time. 22 2. a. An employer may comply with this section by supplying 23 each employee with a notice that contains all the information 24 required in subsection 1. 25 b. An employer may comply with this section by displaying a 26 poster and other informational materials in a conspicuous and 27 accessible place in each establishment where such employees 28 are employed which contains all the information required in 29 subsection 1. 30 3. An employer who willfully violates the notice and posting 31 requirements of this section shall be subject to a civil 32 penalty in an amount not to exceed one hundred dollars for each 33 separate offense. 34 Sec. 8. NEW SECTION . 91F.8 Damages recoverable by an 35 -8- LSB 1526HH (4) 89 je/rn 8/ 16

H.F. 275 employee. 1 In an action by an employee against the employee’s employer 2 or former employer for an alleged violation of this chapter, 3 when it has been shown that the employer intentionally failed 4 to provide or allow the use of sick and safe time to the 5 employee in violation of this chapter, the employer shall be 6 liable to the employee for the monetary value of the owed sick 7 and safe time, plus liquidated damages for failure to allow the 8 employee to use accrued sick and safe time, court costs, and 9 any attorney fees incurred in the civil action. 10 Sec. 9. NEW SECTION . 91F.9 Employer records. 11 1. An employer shall retain records documenting hours 12 worked by employees and all leave, including sick and safe 13 time, taken by employees, for a period of five years. 14 2. An employer shall allow the commissioner access to such 15 records, with notice and at a mutually agreeable time, to 16 monitor compliance with the requirements of this chapter. 17 3. If an issue arises as to an employee’s entitlement to 18 sick and safe time under this chapter and the employer does not 19 maintain or retain adequate records according to this section 20 or does not allow the commissioner access to such records, the 21 commissioner or other investigating authority shall presume 22 that the employer has violated this chapter, absent clear and 23 convincing evidence otherwise. 24 Sec. 10. NEW SECTION . 91F.10 Enforcement. 25 1. Upon the written complaint of the employee involved, 26 the commissioner may determine whether to investigate if 27 an employer has violated any provision of this chapter. 28 The commissioner shall keep confidential, to the extent 29 permitted by applicable law, the name of and other identifying 30 information about the employee reporting the alleged violation. 31 However, the commissioner, with the authorization of the 32 complaining employee, may disclose the employee’s name and 33 other information as necessary to enforce this chapter or for 34 other appropriate purposes. 35 -9- LSB 1526HH (4) 89 je/rn 9/ 16

H.F. 275 2. If for any reason the commissioner makes a determination 1 not to investigate, the commissioner shall notify the 2 complaining employee within fourteen days of receipt of 3 the complaint. The commissioner shall otherwise notify 4 the employee of the determination to investigate within 5 a reasonable time. If it is determined that there is an 6 enforceable claim, the commissioner, with the consent of the 7 complaining employee and with the assistance of the office 8 of the attorney general if the commissioner requests such 9 assistance, shall, unless a settlement is reached, commence a 10 civil action in any court of competent jurisdiction to recover 11 for the benefit of any employee any sick and safe time claims 12 that have been assigned to the commissioner for recovery. 13 The commissioner may also request reasonable and necessary 14 attorney fees. With the consent of the assigning employee, the 15 commissioner may also settle a claim on behalf of the assigning 16 employee. 17 3. Proceedings under this section that precede commencement 18 of a civil action shall be conducted informally without any 19 party having a right to be heard before the commissioner. The 20 commissioner may join various assignments in one claim for the 21 purpose of settling or litigating the assignees’ claims. 22 4. The provisions of subsections 1 and 2 shall not be 23 construed to prevent an employee from settling or bringing an 24 action for damages under section 91F.8 if the employee has not 25 assigned the claim under subsection 2. 26 5. Any recovery of attorney fees, in the case of actions 27 brought under this section by the commissioner, shall be 28 remitted by the commissioner to the treasurer of state for 29 deposit in the general fund of the state. The commissioner is 30 not required to pay any filing fee or other court costs. 31 Sec. 11. NEW SECTION . 91F.11 Confidentiality and 32 nondisclosure. 33 1. An employer shall not require disclosure of details 34 relating to an employee or an employee’s family member having 35 -10- LSB 1526HH (4) 89 je/rn 10/ 16

H.F. 275 been a victim of crime or of the details of an employee’s 1 medical or mental condition or that of a family member as a 2 condition of allowing sick and safe time under this chapter. 3 2. If an employer possesses health information or 4 information relating to an employee or an employee’s family 5 member having been a victim of crime, such information shall 6 be treated as confidential and not disclosed except to the 7 affected employee or with the written permission of the 8 affected employee. 9 Sec. 12. NEW SECTION . 91F.12 Other sick and safe time 10 policies —— legal requirements. 11 1. This chapter shall not be construed to discourage or 12 prohibit an employer from the adoption or retention of a sick 13 and safe time policy that is more generous than the minimum 14 requirements of this chapter. 15 2. This chapter shall not be construed as diminishing 16 the obligation of an employer to comply with any contract, 17 collective bargaining agreement, employment benefit plan, or 18 other agreement that provides more generous sick and safe time 19 to an employee than the minimum requirements of this chapter. 20 3. This chapter shall not be construed as diminishing the 21 rights of public employees regarding sick and safe time or the 22 use of sick and safe time as provided by state law. 23 4. This chapter provides minimum requirements pertaining 24 to sick and safe time and shall not be construed to preempt, 25 limit, or otherwise affect the applicability of any other law, 26 regulation, requirement, policy, or standard that provides for 27 greater accrual or use by employees of sick and safe time or 28 that extends other protections to employees. 29 Sec. 13. NEW SECTION . 91F.13 Sick and safe time —— posting. 30 1. The commissioner shall create a poster and other 31 informational materials that may be used by an employer for 32 public display. The poster and other informational materials 33 shall contain all the information required in section 91F.7, 34 subsection 1. 35 -11- LSB 1526HH (4) 89 je/rn 11/ 16

H.F. 275 2. An employer may apply to the commissioner for 1 authorization to display or distribute the poster and other 2 informational materials created by the commissioner. The 3 commissioner shall verify that an applicant offers at least 4 the minimum sick and safe time required by this chapter to all 5 employees in each establishment where the poster and other 6 informational materials will be displayed and is in compliance 7 with the requirements of this chapter. The commissioner shall 8 electronically transmit the poster and other informational 9 materials to any verified applicant. 10 Sec. 14. NEW SECTION . 91F.14 Rules. 11 The commissioner shall adopt rules pursuant to chapter 17A 12 to administer this chapter. 13 Sec. 15. Section 84A.5, subsection 4, Code 2021, is amended 14 to read as follows: 15 4. The division of labor services is responsible for the 16 administration of the laws of this state under chapters 88 , 17 88A , 88B , 89 , 89A , 89B , 90A , 91 , 91A , 91C , 91D , 91E , 91F, 92 , 18 and 94A , and sections 73A.21 and 85.68 . The executive head of 19 the division is the labor commissioner, appointed pursuant to 20 section 91.2 . 21 Sec. 16. Section 91.4, subsection 2, Code 2021, is amended 22 to read as follows: 23 2. The director of the department of workforce development, 24 in consultation with the labor commissioner, shall, at the 25 time provided by law, make an annual report to the governor 26 setting forth in appropriate form the business and expense of 27 the division of labor services for the preceding year, the 28 number of remedial actions taken under chapter 89A , the number 29 of disputes or violations processed by the division and the 30 disposition of the disputes or violations, and other matters 31 pertaining to the division which are of public interest, 32 together with recommendations for change or amendment of the 33 laws in this chapter and chapters 88 , 88A , 88B , 89 , 89A , 89B , 34 90A , 91A , 91C , 91D , 91E , 91F, 92 , and 94A , and section 85.68 , 35 -12- LSB 1526HH (4) 89 je/rn 12/ 16

H.F. 275 and the recommendations, if any, shall be transmitted by the 1 governor to the first general assembly in session after the 2 report is filed. 3 Sec. 17. APPLICABILITY. Notwithstanding the section of 4 this Act relating to applicability of this Act on or after 5 January 1, 2022, this Act does not apply to employees under a 6 contract or collective bargaining agreement that was in effect 7 before January 1, 2022. 8 Sec. 18. APPLICABILITY. This Act applies to all existing 9 employees on and after January 1, 2022, and to all new 10 employees hired on or after that date. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill, entitled the “Healthy and Safe Family and 15 Workplace Act”, requires minimum paid sick and safe time for 16 all employees employed in the state in new Code chapter 91F. 17 The bill defines “sick and safe time” as time that is 18 compensated at the same hourly rate and with the same benefits, 19 including health care benefits, as the employee normally 20 earns during hours worked and is provided by an employer to 21 an employee for the purposes described in the bill. The bill 22 defines additional terms including “employee”, “employer”, and 23 “family member”. 24 The bill provides that all employees shall have the right to 25 accrue and use sick and safe time. The formula for accruing 26 sick and safe time is contained in the bill, and there are 27 limits for the amount of sick and safe time an employee may 28 accrue per year, unless the employer sets a higher accrual 29 percentage or limit. 30 The bill provides a formula for accruing sick and safe time 31 and the limitations and exceptions. Sick and safe time shall 32 begin to accrue for new employees hired on or after January 1, 33 2022, on the first day of work and for existing employees on 34 January 1, 2022. Employees may use accrued sick and safe time 35 -13- LSB 1526HH (4) 89 je/rn 13/ 16

H.F. 275 starting the 21st day of employment. Sick and safe time shall 1 carry over one year, but an employee shall not accrue more than 2 83 hours of sick and safe time per year. 3 An employer who provides a leave policy that meets the 4 minimum accrual requirements and the same minimum uses and 5 conditions is deemed to be in compliance with the bill. The 6 bill does not require employees to be reimbursed for unused 7 sick and safe time upon separation from employment. However, 8 if an employee is moved or transferred within the company, the 9 employee shall retain and may use all accrued sick and safe 10 time. If there is an employment separation, but an employee 11 is rehired within six months, all accrued sick and safe time 12 shall be reinstated upon rehire and be available for immediate 13 use. An employer has the discretion to advance sick and safe 14 time to an employee. 15 The bill provides specific reasons for which employees may 16 use the sick and safe time. An employee shall give reasonable 17 notice to an employer when use of sick and safe time is 18 foreseeable and shall make a reasonable effort to schedule the 19 use of sick and safe time in a manner that does not unduly 20 disrupt the operations of the employer. When an employee 21 uses more than three consecutive days of sick and safe time, 22 an employer may require reasonable documentation that the 23 time used is covered as provided in the bill. If an employer 24 chooses to require documentation from an employee for use of 25 sick and safe time, the employer is responsible for paying 26 any costs charged to the employee by a health care provider 27 or other entity for providing the specific documentation 28 required by the employer. If the employee has health insurance 29 that covers any portion of the costs of obtaining such 30 documentation, the employer shall only be responsible for 31 paying costs that are not covered by the employee’s health 32 insurance. An employer shall not require an employee to find a 33 replacement worker in order to use sick and safe time. 34 The bill provides an employee the right to use sick and safe 35 -14- LSB 1526HH (4) 89 je/rn 14/ 16

H.F. 275 time to file a complaint against an employer, and various other 1 rights. The bill prohibits employer retaliation against an 2 employee exercising those rights. 3 Employers are required to give employees notice of their 4 rights to sick and safe time either by supplying each employee 5 with a notice or by posting such notice in an accessible and 6 obvious place where employees work. Violations of the notice 7 and posting requirements may result in a civil penalty of not 8 more than $100 for each offense. 9 An employee may recover the monetary value of owed sick and 10 safe time plus liquidated damages for the wrongful denial of 11 use of accrued sick and safe time if an employer is shown to 12 have intentionally violated the bill. 13 An employer must retain records documenting hours worked 14 by each employee and the amount of leave, including sick and 15 safe time, taken by employees for five years. The labor 16 commissioner shall have reasonable access to these records. If 17 a question arises about an employee’s right to sick and safe 18 time and an employer does not have adequate records or does not 19 allow the commissioner to examine the employer’s records, the 20 commissioner shall presume that the employer has violated the 21 bill. 22 The bill authorizes an employee to submit a written 23 complaint to the commissioner, who will determine whether 24 to investigate the claim that an employer has violated any 25 provision of new Code chapter 91F. If the commissioner decides 26 to investigate, the commissioner shall commence a civil action 27 against the employer. 28 An employer shall not require an employee to disclose 29 details relating to having been a victim of crime or a medical 30 or mental condition as a condition of using sick and safe 31 time. An employer who has such information shall treat the 32 information as confidential and not disclose it without written 33 consent of the affected employee. 34 The bill provides that new Code chapter 91F does not prohibit 35 -15- LSB 1526HH (4) 89 je/rn 15/ 16

H.F. 275 an employer from providing a more generous sick and safe 1 time policy than required by the bill, does not diminish an 2 employer’s previous contractual obligations for more generous 3 sick and safe time, and does not diminish public employees’ 4 other rights to sick and safe time as provided by law. 5 The commissioner is required to create a poster and other 6 informational materials which an employer may use for public 7 display. The poster and other informational materials must 8 comply with the notice requirements for sick and safe time 9 provided in the bill. The commissioner is to make the poster 10 and other informational materials available to an employer upon 11 verification of compliance with the bill. 12 The bill applies to all existing employees on and after 13 January 1, 2022, and to all new hires on or after that date, 14 but does not apply to employees under contracts or collective 15 bargaining agreements in effect before January 1, 2022. 16 -16- LSB 1526HH (4) 89 je/rn 16/ 16