House File 715 - Introduced HOUSE FILE 715 BY SMITH and BROWN-POWERS A BILL FOR An Act relating to employment matters, providing penalties and 1 remedies, and including effective date, applicability, and 2 transition provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1492YH (5) 89 je/rn
H.F. 715 DIVISION I 1 ESSENTIAL EMPLOYEES —— PREMIUM PAY 2 Section 1. Section 84A.5, subsection 4, Code 2021, is 3 amended to read as follows: 4 4. The division of labor services is responsible for the 5 administration of the laws of this state under chapters 88 , 6 88A , 88B , 89 , 89A , 89B , 90A , 91 , 91A , 91C , 91D , 91E , 92 , 94, 7 and 94A , and sections 73A.21 and 85.68 . The executive head of 8 the division is the labor commissioner, appointed pursuant to 9 section 91.2 . 10 Sec. 2. Section 91.4, subsection 2, Code 2021, is amended 11 to read as follows: 12 2. The director of the department of workforce development, 13 in consultation with the labor commissioner, shall, at the 14 time provided by law, make an annual report to the governor 15 setting forth in appropriate form the business and expense of 16 the division of labor services for the preceding year, the 17 number of remedial actions taken under chapter 89A , the number 18 of disputes or violations processed by the division and the 19 disposition of the disputes or violations, and other matters 20 pertaining to the division which are of public interest, 21 together with recommendations for change or amendment of the 22 laws in this chapter and chapters 88 , 88A , 88B , 89 , 89A , 89B , 23 90A , 91A , 91C , 91D , 91E , 92 , 94, and 94A , and section 85.68 , 24 and the recommendations, if any, shall be transmitted by the 25 governor to the first general assembly in session after the 26 report is filed. 27 Sec. 3. Section 91A.2, subsection 7, Code 2021, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . e. Premium pay pursuant to chapter 94. 30 Sec. 4. NEW SECTION . 94.1 Definitions. 31 As used in this chapter, unless the context otherwise 32 requires: 33 1. “Commissioner” means the labor commissioner appointed 34 pursuant to section 91.2. 35 -1- LSB 1492YH (5) 89 je/rn 1/ 109
H.F. 715 2. “Employer” means a person, as defined in chapter 4, who 1 in this state employs for wages a natural person. 2 3. “Essential employee” means a natural person who is 3 employed in this state for wages engaged in one of the 4 following occupations: 5 a. A health care professional who engages in direct contact 6 with patients or patients’ families or who handles potentially 7 infectious materials. 8 b. An employee of a health care facility. 9 c. An emergency medical care provider as defined in section 10 147A.1, a fire fighter, a peace officer as defined in section 11 801.4, or an employee of the department of human services who 12 provides social work or case work to children or who works in 13 child protection. 14 d. An employee of a public or nonpublic school or an 15 employee of a child care facility or child care home as those 16 terms are defined in section 237A.1. 17 e. An employee of a food, agriculture, distribution, or 18 manufacturing facility whose employment involves working or 19 living in congregate settings that do not allow for social 20 distancing. 21 f. An employee of the state who performs inspections of 22 health care facilities or of child care facilities or child 23 care homes as those terms are defined in section 237A.1. 24 g. An employee of a state or local correctional facility. 25 h. An employee of a retail establishment who provides 26 services to customers. 27 4. “Health care facility” means and includes all of the 28 following: 29 a. A facility as defined in section 514J.102. 30 b. A facility licensed pursuant to chapter 135B. 31 c. A facility licensed pursuant to chapter 135C. 32 d. Residential care facilities, nursing facilities, 33 intermediate care facilities for persons with mental illness, 34 intermediate care facilities for persons with intellectual 35 -2- LSB 1492YH (5) 89 je/rn 2/ 109
H.F. 715 disabilities, hospice programs, elder group homes, and assisted 1 living programs. 2 5. “Health care professional” means physicians and other 3 health care practitioners who are licensed, certified, or 4 otherwise authorized or permitted by the laws of this state 5 to administer health care services in the ordinary course of 6 business or in the practice of a profession. “Health care 7 professional” includes the employer or agent of a health care 8 professional who provides or arranges health care. 9 6. “Health care services” means services for the diagnosis, 10 prevention, treatment, care, cure, or relief of a health 11 condition, illness, injury, or disease, regardless of the 12 setting in which such services are performed. 13 7. “Period of infectious disease emergency” means that 14 period of time that a disease or virus determined to be 15 life-threatening to a person exposed to the disease or virus 16 has been declared a pandemic, epidemic, or public health 17 emergency by the federal government, governor, or local public 18 health authorities. 19 Sec. 5. NEW SECTION . 94.2 Premium pay for essential 20 employees —— infectious disease emergency. 21 1. During a period of infectious disease emergency, an 22 employer shall pay an essential employee, in addition to any 23 other wages or benefits to which the employee is entitled, 24 premium pay. Premium pay shall be paid at the same time and in 25 the same manner as an essential employee’s regular wages. 26 2. Upon consideration of the nature and expected duration 27 of the period of infectious disease emergency, the various 28 duties to be performed by essential employees in responding 29 to the period of infectious disease emergency, and any 30 other information the commissioner may deem relevant, the 31 commissioner shall establish by rule pursuant to chapter 17A 32 the rate or amount of premium pay to which an essential worker 33 is entitled pursuant to this chapter. The commissioner may 34 establish different rates or amounts of premium pay by rule 35 -3- LSB 1492YH (5) 89 je/rn 3/ 109
H.F. 715 for different occupations held by essential employees as the 1 commissioner deems appropriate. 2 3. The commissioner shall establish by rule the rate or 3 amount of premium pay applicable to a period of infectious 4 disease emergency within one calendar week of the beginning 5 of the emergency. The commissioner may update such rates or 6 amounts by rule during a period of infectious disease emergency 7 as the commissioner deems appropriate. 8 4. The commissioner may adopt rules on an emergency basis 9 as provided in section 17A.4, subsection 3, and section 10 17A.5, subsection 2, to administer this section and the rules 11 shall be effective immediately upon filing unless a later 12 date is specified in the rules. Any emergency rules adopted 13 in accordance with this section shall also be published as 14 a notice of intended action as provided in section 17A.4, 15 subsection 1. 16 Sec. 6. NEW SECTION . 94.3 Rules —— enforcement —— 17 penalties. 18 1. The commissioner shall adopt rules to administer this 19 chapter. 20 2. This chapter and rules adopted pursuant to this chapter 21 shall be enforced pursuant to chapter 91A. 22 Sec. 7. EMERGENCY RULES. The labor commissioner shall adopt 23 emergency rules under section 17A.4, subsection 3, and section 24 17A.5, subsection 2, paragraph “b”, to implement the provisions 25 of this Act and the rules shall be effective immediately upon 26 filing unless a later date is specified in the rules. Any 27 rules adopted in accordance with this section shall also be 28 published as a notice of intended action as provided in section 29 17A.4. 30 Sec. 8. APPLICABILITY. This division of this Act applies to 31 pay periods beginning on or after the effective date of rules 32 adopted by the labor commissioner to implement this division 33 of this Act. 34 Sec. 9. EFFECTIVE DATE. This division of this Act, being 35 -4- LSB 1492YH (5) 89 je/rn 4/ 109
H.F. 715 deemed of immediate importance, takes effect upon enactment. 1 DIVISION II 2 MINIMUM WAGE 3 Sec. 10. Section 91D.1, subsection 1, Code 2021, is amended 4 to read as follows: 5 1. a. (1) The state hourly wage shall be at least $6.20 as 6 of April 1, 2007, and $7.25 as of January 1, 2008 $8.20 as of 7 July 1, 2021, $9.15 as of July 1, 2022, $10.10 as of January 1, 8 2023, $11.05 as of July 1, 2023, $12.00 as of January 1, 2024, 9 $12.95 as of July 1, 2024, $13.90 as of January 1, 2025, and 10 $15.00 as of July 1, 2025 . 11 (2) The state hourly wage, including the state hourly wage 12 for the first ninety calendar days of employment provided in 13 paragraph “d” , shall be increased annually on July 1, beginning 14 July 1, 2026, by the same percentage as the cost-of-living 15 increase in federal social security benefits authorized during 16 the previous state fiscal year by the federal social security 17 administration pursuant to section 215 of the federal Social 18 Security Act, 42 U.S.C. §415. 19 b. Every employer, as defined in the federal Fair Labor 20 Standards Act of 1938, as amended to January 1, 2007 July 1, 21 2021 , shall pay to each of the employer’s employees, as defined 22 in the federal Fair Labor Standards Act of 1938, as amended to 23 January 1, 2007 July 1, 2021 , the state hourly wage stated in 24 paragraph “a” , or the current federal minimum wage, pursuant to 25 29 U.S.C. §206, as amended, whichever is greater. 26 c. For purposes of determining whether an employee of a 27 restaurant, hotel, motel, inn, or cabin, who customarily and 28 regularly receives more than thirty one hundred dollars a month 29 in tips is receiving the minimum hourly wage rate prescribed 30 by this section , the amount paid the employee by the employer 31 shall be deemed to be increased on account of the tips by an 32 amount determined by the employer, not to exceed forty percent 33 of the applicable minimum wage. An employee may file a written 34 appeal with the labor commissioner if the amount of tips 35 -5- LSB 1492YH (5) 89 je/rn 5/ 109
H.F. 715 received by the employee is less than the amount determined by 1 the employer under this subsection . 2 d. An employer is not required to pay an employee the 3 applicable state hourly wage provided in paragraph “a” until the 4 employee has completed ninety calendar days of employment with 5 the employer. An employee who has completed ninety calendar 6 days of employment with the employer prior to April 1, 2007, or 7 January 1, 2008, shall earn the applicable state hourly minimum 8 wage as of that the date of completion . An employer shall 9 pay an employee who has not completed ninety calendar days of 10 employment with the employer an hourly wage of at least $5.30 11 as of April 1, 2007, and $6.35 as of January 1, 2008 $7.20 as of 12 July 1, 2021, $8.05 as of July 1, 2022, $8.85 as of January 1, 13 2023, $9.70 as of July 1, 2023, $10.55 as of January 1, 2024, 14 $11.40 as of July 1, 2024, $12.25 as of January 1, 2025, and 15 $13.20 as of July 1, 2025 . 16 e. A county or city may establish a minimum wage that 17 exceeds the state hourly wage and the federal minimum wage. 18 DIVISION III 19 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 20 Sec. 11. Section 20.3, subsections 11 and 13, Code 2021, are 21 amended by striking the subsections. 22 Sec. 12. Section 20.6, subsection 1, Code 2021, is amended 23 to read as follows: 24 1. Administer Interpret, apply, and administer the 25 provisions of this chapter . 26 Sec. 13. Section 20.6, subsections 6 and 7, Code 2021, are 27 amended by striking the subsections. 28 Sec. 14. Section 20.7, subsection 2, Code 2021, is amended 29 to read as follows: 30 2. Hire, evaluate, promote, demote, transfer, assign, and 31 retain public employees in positions within the public agency. 32 Sec. 15. Section 20.8, subsection 5, Code 2021, is amended 33 by striking the subsection. 34 Sec. 16. Section 20.9, Code 2021, is amended by striking the 35 -6- LSB 1492YH (5) 89 je/rn 6/ 109
H.F. 715 section and inserting in lieu thereof the following: 1 20.9 Scope of negotiations. 2 1. The public employer and the employee organization 3 shall meet at reasonable times, including meetings reasonably 4 in advance of the public employer’s budget-making process, 5 to negotiate in good faith with respect to wages, hours, 6 vacations, insurance, holidays, leaves of absence, shift 7 differentials, overtime compensation, supplemental pay, 8 seniority, transfer procedures, job classifications, health and 9 safety matters, evaluation procedures, procedures for staff 10 reduction, in-service training, and other matters mutually 11 agreed upon. Negotiations shall also include terms authorizing 12 dues checkoff for members of the employee organization and 13 grievance procedures for resolving any questions arising under 14 the agreement, which shall be embodied in a written agreement 15 and signed by the parties. If an agreement provides for dues 16 checkoff, a member’s dues may be checked off only upon the 17 member’s written request and the member may terminate the dues 18 checkoff at any time by giving thirty days’ written notice. 19 Such obligation to negotiate in good faith does not compel 20 either party to agree to a proposal or make a concession. 21 2. Nothing in this section shall diminish the authority 22 and power of the department of administrative services, board 23 of regents’ merit system, Iowa public broadcasting board’s 24 merit system, or any civil service commission established by 25 constitutional provision, statute, charter, or special act to 26 recruit employees, prepare, conduct and grade examinations, 27 rate candidates in order of their relative scores for 28 certification for appointment or promotion or for other matters 29 of classification, reclassification or appeal rights in the 30 classified service of the public employer served. 31 3. All retirement systems shall be excluded from the scope 32 of negotiations. 33 Sec. 17. Section 20.10, subsection 3, paragraph j, Code 34 2021, is amended by striking the paragraph. 35 -7- LSB 1492YH (5) 89 je/rn 7/ 109
H.F. 715 Sec. 18. Section 20.12, subsection 5, Code 2021, is amended 1 to read as follows: 2 5. If an employee organization or any of its officers 3 is held to be in contempt of court for failure to comply 4 with an injunction pursuant to this section , or is convicted 5 of violating this section , the employee organization shall 6 be immediately decertified, shall cease to represent the 7 bargaining unit, shall cease to receive any dues by checkoff, 8 and may again be certified only after twenty-four twelve months 9 have elapsed from the effective date of decertification and 10 only if after a new petition for certification pursuant to 11 compliance with section 20.14 is filed and a new certification 12 election pursuant to section 20.15 is held . The penalties 13 provided in this section may be suspended or modified by the 14 court, but only upon request of the public employer and only 15 if the court determines the suspension or modification is in 16 the public interest. 17 Sec. 19. Section 20.15, Code 2021, is amended by striking 18 the section and inserting in lieu thereof the following: 19 20.15 Elections. 20 1. Upon the filing of a petition for certification of an 21 employee organization, the board shall submit a question to 22 the public employees at an election in the bargaining unit 23 found appropriate by the board. The question on the ballot 24 shall permit the public employees to vote for no bargaining 25 representation or for any employee organization which has 26 petitioned for certification or which has presented proof 27 satisfactory to the board of support of ten percent or more of 28 the public employees in the appropriate unit. 29 2. If a majority of the votes cast on the question is 30 for no bargaining representation, the public employees in 31 the bargaining unit found appropriate by the board shall not 32 be represented by an employee organization. If a majority 33 of the votes cast on the question is for a listed employee 34 organization, then that employee organization shall represent 35 -8- LSB 1492YH (5) 89 je/rn 8/ 109
H.F. 715 the public employees in the bargaining unit found appropriate 1 by the board. 2 3. If none of the choices on the ballot receive the vote 3 of a majority of the public employees voting, the board shall 4 conduct a runoff election among the two choices receiving the 5 greatest number of votes. 6 4. Upon written objections filed by any party to the 7 election within ten days after notice of the results of 8 the election, if the board finds that misconduct or other 9 circumstances prevented the public employees eligible to 10 vote from freely expressing their preferences, the board may 11 invalidate the election and hold a second election for the 12 public employees. 13 5. Upon completion of a valid election in which the majority 14 choice of the employees voting is determined, the board shall 15 certify the results of the election and shall give reasonable 16 notice of the order to all employee organizations listed on the 17 ballot, the public employers, and the public employees in the 18 appropriate bargaining unit. 19 6. a. A petition for certification as exclusive bargaining 20 representative of a bargaining unit shall not be considered 21 by the board for a period of one year from the date of the 22 noncertification of an employee organization as the exclusive 23 bargaining representative of that bargaining unit following a 24 certification election. A petition for certification as the 25 exclusive bargaining representative of a bargaining unit shall 26 also not be considered by the board if the bargaining unit is 27 at that time represented by a certified exclusive bargaining 28 representative. 29 b. A petition for the decertification of the exclusive 30 bargaining representative of a bargaining unit shall not be 31 considered by the board for a period of one year from the date 32 of its certification, or within one year of its continued 33 certification following a decertification election, or during 34 the duration of a collective bargaining agreement which, for 35 -9- LSB 1492YH (5) 89 je/rn 9/ 109
H.F. 715 purposes of this section, shall be deemed not to exceed two 1 years. However, if a petition for decertification is filed 2 during the duration of a collective bargaining agreement, the 3 board shall award an election under this section not more than 4 one hundred eighty days and not less than one hundred fifty 5 days prior to the expiration of the collective bargaining 6 agreement. If an employee organization is decertified, the 7 board may receive petitions under section 20.14, provided that 8 no such petition and no election conducted pursuant to such 9 petition within one year from decertification shall include as 10 a party the decertified employee organization. 11 c. A collective bargaining agreement with the state, its 12 boards, commissions, departments, and agencies shall be for two 13 years. The provisions of a collective bargaining agreement or 14 arbitrator’s award affecting state employees shall not provide 15 for renegotiations which would require the refinancing of 16 salary and fringe benefits for the second year of the term of 17 the agreement, except as provided in section 20.17, subsection 18 6. The effective date of any such agreement shall be July 1 of 19 odd-numbered years, provided that if an exclusive bargaining 20 representative is certified on a date which will prevent the 21 negotiation of a collective bargaining agreement prior to 22 July 1 of odd-numbered years for a period of two years, the 23 certified collective bargaining representative may negotiate 24 a one-year contract with the public employer which shall be 25 effective from July 1 of the even-numbered year to July 1 26 of the succeeding odd-numbered year when new contracts shall 27 become effective. 28 Sec. 20. Section 20.17, subsection 8, Code 2021, is amended 29 by striking the subsection and inserting in lieu thereof the 30 following: 31 8. The salaries of all public employees of the state under 32 a merit system and all other fringe benefits which are granted 33 to all public employees of the state shall be negotiated with 34 the governor or the governor’s designee on a statewide basis, 35 -10- LSB 1492YH (5) 89 je/rn 10/ 109
H.F. 715 except those benefits which are not subject to negotiations 1 pursuant to the provisions of section 20.9. 2 Sec. 21. Section 20.17, Code 2021, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 8A. A public employee or any employee 5 organization shall not negotiate or attempt to negotiate 6 directly with a member of the governing board of a public 7 employer if the public employer has appointed or authorized 8 a bargaining representative for the purpose of bargaining 9 with the public employees or their representative, unless the 10 member of the governing board is the designated bargaining 11 representative of the public employer. 12 Sec. 22. Section 20.22, subsections 2, 3, 7, 9, and 10, Code 13 2021, are amended to read as follows: 14 2. Each party shall serve its final offer on each of 15 the impasse items upon the other party within four days of 16 the board’s receipt of the request for arbitration , or by a 17 deadline otherwise agreed upon by the parties . The parties may 18 continue to negotiate all offers until an agreement is reached 19 or an award is rendered by the arbitrator. The full costs of 20 arbitration under this section shall be shared equally by the 21 parties to the dispute. 22 3. The submission of the impasse items to the arbitrator 23 shall be limited to those items upon which the parties have 24 not reached agreement. With respect to each such item, the 25 arbitrator’s award shall be restricted to the final offers on 26 each impasse item submitted by the parties to the arbitrator , 27 except as provided in subsection 10 , paragraph “b” . 28 7. For an arbitration involving a bargaining unit that 29 has at least thirty percent of members who are public safety 30 employees, the The arbitrator shall consider and specifically 31 address in the arbitrator’s determination , in addition to any 32 other relevant factors, the following factors: 33 a. Past collective bargaining contracts between the parties 34 including the bargaining that led up to such contracts. 35 -11- LSB 1492YH (5) 89 je/rn 11/ 109
H.F. 715 b. Comparison of wages, hours, and conditions of employment 1 of the involved public employees with those of other public 2 employees doing comparable work, giving consideration to 3 factors peculiar to the area and the classifications involved. 4 c. The interests and welfare of the public, the ability of 5 the public employer to finance economic adjustments, and the 6 effect of such adjustments on the normal standard of services. 7 d. The power of the public employer to levy taxes and 8 appropriate funds for the conduct of its operations. 9 9. a. The arbitrator may administer oaths, examine 10 witnesses and documents, take testimony and receive evidence, 11 and issue subpoenas to compel the attendance of witnesses and 12 the production of records. The arbitrator may petition the 13 district court at the seat of government or of the county 14 in which the hearing is held to enforce the order of the 15 arbitrator compelling the attendance of witnesses and the 16 production of records. 17 b. Except as required for purposes of the consideration of 18 the factors specified in subsection 7 , paragraphs “a” through 19 “c” , and subsection 8 , paragraph “a” , subparagraphs (1) through 20 (3), the parties shall not introduce, and the arbitrator 21 shall not accept or consider, any direct or indirect evidence 22 regarding any subject excluded from negotiations pursuant to 23 section 20.9 . 24 10. a. The arbitrator shall select within fifteen 25 days after the hearing the most reasonable offer, in the 26 arbitrator’s judgment, of the final offers on each impasse item 27 submitted by the parties. 28 b. (1) However, for an arbitration involving a bargaining 29 unit that does not have at least thirty percent of members who 30 are public safety employees, with respect to any increase in 31 base wages, the arbitrator’s award shall not exceed the lesser 32 of the following percentages in any one-year period in the 33 duration of the bargaining agreement: 34 (a) Three percent. 35 -12- LSB 1492YH (5) 89 je/rn 12/ 109
H.F. 715 (b) A percentage equal to the increase in the consumer 1 price index for all urban consumers for the midwest region, 2 if any, as determined by the United States department of 3 labor, bureau of labor statistics, or a successor index. Such 4 percentage shall be the change in the consumer price index 5 for the twelve-month period beginning eighteen months prior 6 to the month in which the impasse item regarding base wages 7 was submitted to the arbitrator and ending six months prior to 8 the month in which the impasse item regarding base wages was 9 submitted to the arbitrator. 10 (2) To assist the parties in the preparation of their final 11 offers on an impasse item regarding base wages, the board 12 shall provide information to the parties regarding the change 13 in the consumer price index for all urban consumers for the 14 midwest region for any twelve-month period. The department of 15 workforce development shall assist the board in preparing such 16 information upon request. 17 Sec. 23. Section 20.22, subsection 8, Code 2021, is amended 18 by striking the subsection. 19 Sec. 24. Section 20.26, subsection 4, Code 2021, is amended 20 to read as follows: 21 4. Nothing in this section shall be construed to prohibit 22 voluntary contributions by individuals to political parties 23 or candidates , provided that such contributions are not made 24 through payroll deductions . 25 Sec. 25. Section 20.29, Code 2021, is amended to read as 26 follows: 27 20.29 Filing agreement —— public access —— internet site . 28 1. Collective bargaining agreements shall be in writing and 29 shall be signed by the parties. 30 2. A copy of a collective bargaining agreement entered into 31 between a public employer and a certified employee organization 32 and made final under this chapter shall be filed with the board 33 by the public employer within ten days of the date on which the 34 agreement is entered into. 35 -13- LSB 1492YH (5) 89 je/rn 13/ 109
H.F. 715 3. Copies of collective bargaining agreements entered 1 into between the state and the state employees’ bargaining 2 representatives and made final under this chapter shall be 3 filed with the secretary of state and be made available to the 4 public at cost. 5 4. The board shall maintain an internet site that allows 6 searchable access to a database of collective bargaining 7 agreements and other collective bargaining information. 8 Sec. 26. Section 20.30, Code 2021, is amended by striking 9 the section and inserting in lieu thereof the following: 10 20.30 Supervisory member —— no reduction before retirement. 11 1. A supervisory member of any department or agency 12 employed by the state of Iowa shall not be granted a voluntary 13 reduction to a nonsupervisory rank or grade during the six 14 months preceding retirement of the member. A member of any 15 department or agency employed by the state of Iowa who retires 16 in less than six months after voluntarily requesting and 17 receiving a reduction in rank or grade from a supervisory to a 18 nonsupervisory position shall be ineligible for a benefit to 19 which the member is entitled as a nonsupervisory member but is 20 not entitled as a supervisory member. 21 2. The provisions of this section shall be effective during 22 the collective bargaining agreement in effect from July 1, 23 1979, to June 30, 1981. 24 Sec. 27. Section 20.31, subsection 2, unnumbered paragraph 25 1, Code 2021, is amended to read as follows: 26 A mediator shall not be required to testify in any judicial, 27 administrative, arbitration, or grievance proceeding regarding 28 any matters occurring in the course of a mediation, including 29 any verbal or written communication or behavior, other than 30 facts relating exclusively to the timing or scheduling of 31 mediation. A mediator shall not be required to produce or 32 disclose any documents, including notes, memoranda, or other 33 work product, relating to mediation, other than documents 34 relating exclusively to the timing or scheduling of mediation. 35 -14- LSB 1492YH (5) 89 je/rn 14/ 109
H.F. 715 This subsection shall not apply in any of the following 1 circumstances: 2 Sec. 28. Section 22.7, subsection 69, Code 2021, is amended 3 to read as follows: 4 69. The evidence of public employee support for 5 the certification , retention and recertification, or 6 decertification of an employee organization as defined in 7 section 20.3 that is submitted to the public employment 8 relations board as provided in section 20.14 or 20.15 . 9 Sec. 29. Section 22.7, subsection 70, Code 2021, is amended 10 by striking the subsection. 11 Sec. 30. Section 70A.17A, Code 2021, is amended by adding 12 the following new subsection: 13 NEW SUBSECTION . 3. This section shall not affect a payroll 14 deduction elected by a state employee pursuant to section 15 70A.19. 16 Sec. 31. Section 70A.19, Code 2021, is amended by striking 17 the section and inserting in lieu thereof the following: 18 70A.19 Duration of state payroll deduction for dues of 19 employee organization member. 20 A state employee who elects a payroll deduction for 21 membership dues to an employee organization pursuant to the 22 provisions of a collective bargaining agreement negotiated 23 under the provisions of chapter 20 shall maintain the deduction 24 for a period of one year or until the expiration of the 25 collective bargaining agreement, whichever occurs first. A 26 state employee who transfers employment to a position covered 27 by a different collective bargaining agreement or who becomes 28 a management employee is not subject to this requirement. 29 With respect to state employees, this section supersedes the 30 provisions of section 20.9 allowing termination of a dues 31 checkoff at any time but does not supersede the requirement for 32 thirty days’ written notice of termination. 33 Sec. 32. Section 412.2, subsection 1, Code 2021, is amended 34 to read as follows: 35 -15- LSB 1492YH (5) 89 je/rn 15/ 109
H.F. 715 1. From the proceeds of the assessments on the wages 1 and salaries of employees, of any such waterworks system, 2 or other municipally owned and operated public utility, 3 eligible to receive the benefits thereof. Notwithstanding 4 any provisions of section 20.9 to the contrary, a council, 5 board of waterworks, or other board or commission which 6 establishes a pension and annuity retirement system pursuant to 7 this chapter, shall negotiate in good faith with a certified 8 employee organization as defined in section 20.3, which is the 9 collective bargaining representative of the employees, with 10 respect to the amount or rate of the assessment on the wages 11 and salaries of employees and the method or methods for payment 12 of the assessment by the employees. 13 Sec. 33. Section 602.1401, subsection 3, paragraph b, Code 14 2021, is amended to read as follows: 15 b. For purposes of chapter 20 , the certified representative, 16 which on July 1, 1983, represents employees who become judicial 17 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 18 remain the certified representative when the employees become 19 judicial branch employees and thereafter, unless the public 20 employee organization is not retained and recertified or is 21 decertified in an election held under section 20.15 or amended 22 or absorbed into another certified organization pursuant to 23 chapter 20 . Collective bargaining negotiations shall be 24 conducted on a statewide basis and the certified employee 25 organizations which engage in bargaining shall negotiate on a 26 statewide basis, although bargaining units shall be organized 27 by judicial district. The public employment relations board 28 shall adopt rules pursuant to chapter 17A to implement this 29 subsection . 30 Sec. 34. REPEAL. Sections 20.32 and 20.33, Code 2021, are 31 repealed. 32 Sec. 35. TRANSITION PROCEDURES —— DEADLINE —— EMERGENCY 33 RULES. 34 1. As of the effective date of this division of this Act, 35 -16- LSB 1492YH (5) 89 je/rn 16/ 109
H.F. 715 parties, mediators, and arbitrators engaging in any collective 1 bargaining procedures provided for in chapter 20, Code 2021, 2 who have not, before the effective date of this division 3 of this Act, completed such procedures, shall immediately 4 terminate any such procedures in process. A collective 5 bargaining agreement negotiated pursuant to such procedures in 6 process shall not become effective. Parties, mediators, and 7 arbitrators shall not engage in further collective bargaining 8 procedures except as provided in this section. Such parties 9 shall commence collective bargaining in accordance with section 10 20.17, as amended in this division of this Act. Such parties 11 shall complete such bargaining not later than June 30, 2021, 12 unless the parties mutually agree to a different deadline. 13 2. The public employment relations board shall adopt 14 emergency rules under section 17A.4, subsection 3, and section 15 17A.5, subsection 2, paragraph “b”, to provide for procedures 16 as deemed necessary to implement the provisions of this section 17 and the rules shall be effective immediately upon filing 18 unless a later date is specified in the rules. Such rules 19 shall include but are not limited to alternative deadlines for 20 completion of the procedures provided in sections 20.17 and 21 20.22, as amended by this division of this Act, and sections 22 20.19 and 20.20, which deadlines may be waived by mutual 23 agreement of the parties. 24 3. The department of administrative services shall adopt 25 emergency rules under section 17A.4, subsection 3, and 26 section 17A.5, subsection 2, paragraph “b”, to provide for the 27 implementation of section 70A.19, as amended by this division 28 of this Act, and the rules shall be effective immediately upon 29 filing unless a later date is specified in the rules. 30 Sec. 36. ELECTIONS —— DIRECTIVES TO PUBLIC EMPLOYMENT 31 RELATIONS BOARD. 32 1. The public employment relations board shall cancel any 33 elections scheduled or in process pursuant to section 20.15, 34 subsection 2, Code 2021, as of the effective date of this Act. 35 -17- LSB 1492YH (5) 89 je/rn 17/ 109
H.F. 715 2. Notwithstanding section 20.15, subsection 1, paragraph 1 “c”, Code 2021, the public employment relations board 2 shall consider a petition for certification of an employee 3 organization as the exclusive representative of a bargaining 4 unit for which an employee organization was not retained and 5 recertified as the exclusive representative of that bargaining 6 unit regardless of the amount of time that has elapsed since 7 the retention and recertification election at which an employee 8 organization was not retained or recertified. 9 Sec. 37. EFFECTIVE DATE. This division of this Act, being 10 deemed of immediate importance, takes effect upon enactment. 11 Sec. 38. APPLICABILITY. With the exception of the 12 section of this division of this Act amending section 20.6, 13 subsection 1, this division of this Act does not apply to 14 collective bargaining agreements which have been ratified in a 15 ratification election referred to in section 20.17, subsection 16 4, for which an arbitrator has made a final determination as 17 described in section 20.22, subsection 11, or which have become 18 effective, where such events occurred before the effective 19 date of this division of this Act. This division of this Act 20 applies to all collective bargaining procedures provided for in 21 chapter 20 occurring on and after the effective date of this 22 division of this Act and collective bargaining agreements for 23 which a ratification election referred to in section 20.17, 24 subsection 4, is held, for which an arbitrator makes a final 25 determination as described in section 20.22, subsection 11, or 26 which become effective on or after the effective date of this 27 division of this Act. 28 DIVISION IV 29 EDUCATOR EMPLOYMENT MATTERS 30 Sec. 39. Section 279.13, subsections 2 and 5, Code 2021, are 31 amended to read as follows: 32 2. The contract shall remain in force and effect for the 33 period stated in the contract and shall be automatically 34 continued for equivalent periods except as modified or 35 -18- LSB 1492YH (5) 89 je/rn 18/ 109
H.F. 715 terminated by mutual agreement of the board of directors and 1 the teacher or as modified or terminated in accordance with 2 the provisions specified in this chapter . A contract shall 3 not be offered by the employing board to a teacher under its 4 jurisdiction prior to March 15 of any year. A teacher who has 5 not accepted a contract for the ensuing school year tendered 6 by the employing board may resign effective at the end of the 7 current school year by filing a written resignation with the 8 secretary of the board. The resignation must be filed not 9 later than the last day of the current school year or the date 10 specified by the employing board for return of the contract, 11 whichever date occurs first. However, a teacher shall not be 12 required to return a contract to the board or to resign less 13 than twenty-one days after the contract has been offered. 14 5. Notwithstanding the other provisions of this section , a 15 temporary contract may be issued to a teacher for a period of 16 up to six months. Notwithstanding the other provisions of this 17 section , a temporary contract may also be issued to a teacher 18 to fill a vacancy created by a leave of absence in accordance 19 with the provisions of section 29A.28 , which contract shall 20 automatically terminate upon return from military leave of the 21 former incumbent of the teaching position . Temporary contracts 22 and which contract shall not be subject to the provisions of 23 sections 279.15 through 279.19 , or section 279.27 . A separate 24 extracurricular contract issued pursuant to section 279.19A to 25 a person issued a temporary contract under this section shall 26 automatically terminate with the termination of the temporary 27 contract as required under section 279.19A, subsection 8 . 28 Sec. 40. Section 279.13, subsection 4, unnumbered paragraph 29 1, Code 2021, is amended to read as follows: 30 For purposes of this section , sections 279.14 , 279.15 , 31 279.16 through 279.17 , 279.19 , and 279.27 , unless the context 32 otherwise requires, “teacher” includes the following individuals 33 employed by a community college: 34 Sec. 41. Section 279.14, Code 2021, is amended to read as 35 -19- LSB 1492YH (5) 89 je/rn 19/ 109
H.F. 715 follows: 1 279.14 Evaluation criteria and procedures. 2 1. The board shall establish evaluation criteria and shall 3 implement evaluation procedures. If an exclusive bargaining 4 representative has been certified, the board shall negotiate 5 in good faith with respect to evaluation procedures pursuant 6 to chapter 20. 7 2. The determination of standards of performance expected 8 of school district personnel shall be reserved as an exclusive 9 management right of the school board and shall not be subject 10 to mandatory negotiations under chapter 20 . Objections 11 Notwithstanding chapter 20, objections to the procedures, 12 use, or content of an evaluation in a teacher termination 13 proceeding brought before the school board in a hearing held in 14 accordance with section 279.16 or 279.27 shall not be subject 15 to any the grievance procedures negotiated in accordance with 16 chapter 20 . A school district shall not be obligated to 17 process any evaluation grievance after service of a notice and 18 recommendation to terminate an individual’s continuing teaching 19 contract in accordance with this chapter. 20 Sec. 42. Section 279.15, subsection 2, paragraph c, Code 21 2021, is amended to read as follows: 22 c. Within five days of the receipt of the written notice 23 that the superintendent is recommending termination of the 24 contract, the teacher may request, in writing to the secretary 25 of the board, a private hearing with the board. The private 26 hearing shall not be subject to chapter 21 and shall be held 27 no sooner than twenty ten days and no later than forty twenty 28 days following the receipt of the request unless the parties 29 otherwise agree. The secretary of the board shall notify the 30 teacher in writing of the date, time, and location of the 31 private hearing, and at least ten five days before the hearing 32 shall also furnish to the teacher any documentation which 33 may be presented to the board at the private hearing and a 34 list of persons who may address the board in support of the 35 -20- LSB 1492YH (5) 89 je/rn 20/ 109
H.F. 715 superintendent’s recommendation at the private hearing. At 1 least seven three days before the hearing, the teacher shall 2 provide any documentation the teacher expects to present at 3 the private hearing, along with the names of any persons who 4 may address the board on behalf of the teacher. This exchange 5 of information shall be at the time specified unless otherwise 6 agreed. 7 Sec. 43. Section 279.16, Code 2021, is amended by striking 8 the section and inserting in lieu thereof the following: 9 279.16 Private hearing —— decision —— record. 10 1. The participants at the private hearing shall be 11 at least a majority of the members of the board, their 12 legal representatives, if any, the superintendent, the 13 superintendent’s designated representatives, if any, the 14 teacher’s immediate supervisor, the teacher, the teacher’s 15 representatives, if any, and the witnesses for the parties. 16 The evidence at the private hearing shall be limited to the 17 specific reasons stated in the superintendent’s notice of 18 recommendation of termination. No participant in the hearing 19 shall be liable for any damages to any person if any statement 20 at the hearing is determined to be erroneous as long as the 21 statement was made in good faith. The superintendent shall 22 present evidence and argument on all issues involved and 23 the teacher may cross-examine, respond and present evidence 24 and argument in the teacher’s behalf relevant to all issues 25 involved. Evidence may be by stipulation of the parties and 26 informal settlement may be made by stipulation, consent, or 27 default or by any other method agreed upon by the parties in 28 writing. The board shall employ a certified shorthand reporter 29 to keep a record of the private hearing. The proceedings 30 or any part thereof shall be transcribed at the request of 31 either party with the expense of transcription charged to the 32 requesting party. 33 2. The presiding officer of the board may administer oaths 34 in the same manner and with like effect and under the same 35 -21- LSB 1492YH (5) 89 je/rn 21/ 109
H.F. 715 penalties as in the case of magistrates exercising criminal 1 or civil jurisdiction. The board shall cause subpoenas to be 2 issued for such witnesses and the production of such books 3 and papers as either the board or the teacher may designate. 4 The subpoenas shall be signed by the presiding officer of the 5 board. 6 3. In case a witness is duly subpoenaed and refuses to 7 attend, or in case a witness appears and refuses to testify 8 or to produce required books or papers, the board shall, 9 in writing, report such refusal to the district court of 10 the county in which the administrative office of the school 11 district is located, and the court shall proceed with the 12 person or witness as though the refusal had occurred in a 13 proceeding legally pending before the court. 14 4. The board shall not be bound by common law or statutory 15 rules of evidence or by technical or formal rules of procedure, 16 but it shall hold the hearing in such manner as is best suited 17 to ascertain and conserve the substantial rights of the 18 parties. Process and procedure under sections 279.13 through 19 279.19 shall be as summary as reasonably may be. 20 5. At the conclusion of the private hearing, the 21 superintendent and the teacher may file written briefs and 22 arguments with the board within three days or such other time 23 as may be agreed upon. 24 6. If the teacher fails to timely request a private hearing 25 or does not appear at the private hearing, the board may 26 proceed and make a determination upon the superintendent’s 27 recommendation. If the teacher fails to timely file a request 28 for a private hearing, the determination shall be not later 29 than May 31. If the teacher fails to appear at the private 30 hearing, the determination shall be not later than five days 31 after the scheduled date for the private hearing. The board 32 shall convene in open session and by roll call vote determine 33 the termination or continuance of the teacher’s contract 34 and, if the board votes to continue the teacher’s contract, 35 -22- LSB 1492YH (5) 89 je/rn 22/ 109
H.F. 715 whether to suspend the teacher with or without pay for a period 1 specified by the board. 2 7. Within five days after the private hearing, the board 3 shall, in executive session, meet to make a final decision 4 upon the recommendation and the evidence as herein provided. 5 The board shall also consider any written brief and arguments 6 submitted by the superintendent and the teacher. 7 8. The record for a private hearing shall include: 8 a. All pleadings, motions and intermediate rulings. 9 b. All evidence received or considered and all other 10 submissions. 11 c. A statement of all matters officially noticed. 12 d. All questions and offers of proof, objections and rulings 13 thereon. 14 e. All findings and exceptions. 15 f. Any decision, opinion, or conclusion by the board. 16 g. Findings of fact shall be based solely on the evidence in 17 the record and on matters officially noticed in the record. 18 9. The decision of the board shall be in writing and shall 19 include findings of fact and conclusions of law, separately 20 stated. Findings of fact, if set forth in statutory language, 21 shall be accompanied by a concise and explicit statement of 22 the underlying facts supporting the findings. Each conclusion 23 of law shall be supported by cited authority or by reasoned 24 opinion. 25 10. When the board has reached a decision, opinion, or 26 conclusion, it shall convene in open meeting and by roll 27 call vote determine the continuance or discontinuance of the 28 teacher’s contract and, if the board votes to continue the 29 teacher’s contract, whether to suspend the teacher with or 30 without pay for a period specified by the board. The record 31 of the private conference and findings of fact and exceptions 32 shall be exempt from the provisions of chapter 22 . The 33 secretary of the board shall immediately mail notice of the 34 board’s action to the teacher. 35 -23- LSB 1492YH (5) 89 je/rn 23/ 109
H.F. 715 Sec. 44. NEW SECTION . 279.17 Appeal by teacher to 1 adjudicator. 2 1. If the teacher is no longer a probationary teacher, the 3 teacher may, within ten days, appeal the determination of the 4 board to an adjudicator by filing a notice of appeal with the 5 secretary of the board. The notice of appeal shall contain a 6 concise statement of the action which is the subject of the 7 appeal, the particular board action appealed from, the grounds 8 on which relief is sought and the relief sought. 9 2. Within five days following receipt by the secretary 10 of the notice of appeal, the board or the board’s legal 11 representative, if any, and the teacher or the teacher’s 12 representative, if any, may select an adjudicator who resides 13 within the boundaries of the merged area in which the school 14 district is located. If an adjudicator cannot be mutually 15 agreed upon within the five-day period, the secretary shall 16 notify the chairperson of the public employment relations board 17 by transmitting the notice of appeal, and the chairperson of 18 the public employment relations board shall within five days 19 provide a list of five adjudicators to the parties. Within 20 three days from receipt of the list of adjudicators, the 21 parties shall select an adjudicator by alternately removing a 22 name from the list until only one name remains. The person 23 whose name remains shall be the adjudicator. The parties shall 24 determine by lot which party shall remove the first name from 25 the list submitted by the chairperson of the public employment 26 relations board. The secretary of the board shall inform the 27 chairperson of the public employment relations board of the 28 name of the adjudicator selected. 29 3. If the teacher does not timely request an appeal to an 30 adjudicator, the decision, opinion, or conclusion of the board 31 shall become final and binding. 32 4. a. Within thirty days after filing the notice of appeal, 33 or within further time allowed by the adjudicator, the board 34 shall transmit to the adjudicator the original or a certified 35 -24- LSB 1492YH (5) 89 je/rn 24/ 109
H.F. 715 copy of the entire record of the private hearing which may be 1 the subject of the petition. By stipulation of the parties 2 to review the proceedings, the record of the case may be 3 shortened. The adjudicator may require or permit subsequent 4 corrections or additions to the shortened record. 5 b. The record certified and filed by the board shall be the 6 record upon which the appeal shall be heard and no additional 7 evidence shall be heard by the adjudicator. In such appeal to 8 the adjudicator, especially when considering the credibility 9 of witnesses, the adjudicator shall give weight to the fact 10 findings of the board but shall not be bound by them. 11 5. Before the date set for hearing a petition for review 12 of board action, which shall be within ten days after 13 receipt of the record unless otherwise agreed or unless the 14 adjudicator orders additional evidence be taken before the 15 board, application may be made to the adjudicator for leave to 16 present evidence in addition to that found in the record of the 17 case. If it is shown to the adjudicator that the additional 18 evidence is material and that there were good reasons for 19 failure to present it in the private hearing before the board, 20 the adjudicator may order that the additional evidence be taken 21 before the board upon conditions determined by the adjudicator. 22 The board may modify its findings and decision in the case by 23 reason of the additional evidence and shall file that evidence 24 and any modifications, new findings, or decisions, with the 25 adjudicator and mail copies of the new findings or decisions 26 to the teacher. 27 6. The adjudicator may affirm board action or remand to the 28 board for further proceedings. The adjudicator shall reverse, 29 modify, or grant any appropriate relief from the board action 30 if substantial rights of the teacher have been prejudiced 31 because the board action is any of the following: 32 a. In violation of a board rule or policy or contract. 33 b. Unsupported by a preponderance of the competent evidence 34 in the record made before the board when that record is viewed 35 -25- LSB 1492YH (5) 89 je/rn 25/ 109
H.F. 715 as a whole. 1 c. Unreasonable, arbitrary or capricious or characterized 2 by an abuse of discretion or a clearly unwarranted exercise of 3 discretion. 4 7. The adjudicator shall, within fifteen days after the 5 hearing, make a decision and shall give a copy of the decision 6 to the teacher and the secretary of the board. The decision 7 of the adjudicator shall become the final and binding decision 8 of the board unless either party within ten days notifies the 9 secretary of the board that the decision is rejected. The 10 board may reject the decision by majority roll call vote, in 11 open meeting, entered into the minutes of the meeting. The 12 board shall immediately notify the teacher of its decision 13 by certified mail. The teacher may reject the adjudicator’s 14 decision by notifying the board’s secretary in writing within 15 ten days of the filing of such decision. 16 8. All costs of the adjudicator shall be shared equally by 17 the teacher and the board. 18 Sec. 45. Section 279.18, Code 2021, is amended by striking 19 the section and inserting in lieu thereof the following: 20 279.18 Appeal by either party to court. 21 1. If either party rejects the adjudicator’s decision, 22 the rejecting party shall, within thirty days of the initial 23 filing of such decision, appeal to the district court of 24 the county in which the administrative office of the school 25 district is located. The notice of appeal shall be immediately 26 mailed by certified mail to the other party. The adjudicator 27 shall transmit to the reviewing court the original or a 28 certified copy of the entire record which may be the subject 29 of the petition. By stipulation of all parties to the review 30 proceedings, the record of such a case may be shortened. A 31 party unreasonably refusing to stipulate to limit the record 32 may be taxed by the court for the additional cost. The court 33 may require or permit subsequent corrections or additions to 34 the shortened record. 35 -26- LSB 1492YH (5) 89 je/rn 26/ 109
H.F. 715 2. In proceedings for judicial review of the adjudicator’s 1 decision, the court shall not hear any further evidence 2 but shall hear the case upon the certified record. In such 3 judicial review, especially when considering the credibility of 4 witnesses, the court shall give weight to the fact findings of 5 the board but shall not be bound by them. The court may affirm 6 the adjudicator’s decision or remand to the adjudicator or the 7 board for further proceedings upon conditions determined by the 8 court. The court shall reverse, modify, or grant any other 9 appropriate relief from the board decision or the adjudicator’s 10 decision equitable or legal and including declaratory relief 11 if substantial rights of the petitioner have been prejudiced 12 because the action is any of the following: 13 a. In violation of constitutional or statutory provisions. 14 b. In excess of the statutory authority of the board or the 15 adjudicator. 16 c. In violation of a board rule or policy or contract. 17 d. Made upon unlawful procedure. 18 e. Affected by other error of law. 19 f. Unsupported by a preponderance of the competent evidence 20 in the record made before the board and the adjudicator when 21 that record is viewed as a whole. 22 g. Unreasonable, arbitrary or capricious or characterized 23 by an abuse of discretion or a clearly unwarranted exercise of 24 discretion. 25 3. An aggrieved or adversely affected party to the judicial 26 review proceeding may obtain a review of any final judgment of 27 the district court by appeal to the supreme court. The appeal 28 shall be taken as in other civil cases, although the appeal may 29 be taken regardless of the amount involved. 30 4. For purposes of this section, unless the context 31 otherwise requires, “rejecting party” shall include but not be 32 limited to an instructor employed by a community college. 33 Sec. 46. Section 279.19, Code 2021, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -27- LSB 1492YH (5) 89 je/rn 27/ 109
H.F. 715 279.19 Probationary period. 1 1. The first three consecutive years of employment of 2 a teacher in the same school district are a probationary 3 period. However, if the teacher has successfully completed a 4 probationary period of employment for another school district 5 located in Iowa, the probationary period in the current 6 district of employment shall not exceed one year. A board of 7 directors may waive the probationary period for any teacher who 8 previously has served a probationary period in another school 9 district and the board may extend the probationary period for 10 an additional year with the consent of the teacher. 11 2. a. In the case of the termination of a probationary 12 teacher’s contract, the provisions of sections 279.15 and 13 279.16 shall apply. However, if the probationary teacher is a 14 beginning teacher who fails to demonstrate competence in the 15 Iowa teaching standards in accordance with chapter 284, the 16 provisions of sections 279.17 and 279.18 shall also apply. 17 b. The board’s decision shall be final and binding unless 18 the termination was based upon an alleged violation of a 19 constitutionally guaranteed right of the teacher or an alleged 20 violation of public employee rights of the teacher under 21 section 20.10. 22 3. Notwithstanding any provision to the contrary, the 23 grievance procedures of section 20.18 relating to job 24 performance or job retention shall not apply to a teacher 25 during the first two years of the teacher’s probationary 26 period. However, this subsection shall not apply to a teacher 27 who has successfully completed a probationary period in a 28 school district in Iowa. 29 Sec. 47. Section 279.19A, subsections 1, 2, 7, and 8, Code 30 2021, are amended to read as follows: 31 1. School districts employing individuals to coach 32 interscholastic athletic sports shall issue a separate 33 extracurricular contract for each of these sports. An 34 extracurricular contract offered under this section shall be 35 -28- LSB 1492YH (5) 89 je/rn 28/ 109
H.F. 715 separate from the contract issued under section 279.13 . Wages 1 for employees who coach these sports shall be paid pursuant 2 to established or negotiated supplemental pay schedules. 3 An extracurricular contract shall be in writing, and shall 4 state the number of contract days for that sport, the annual 5 compensation to be paid, and any other matters as may be 6 mutually agreed upon. The contract shall be for a single 7 school year. 8 2. a. An extracurricular contract shall be continued 9 automatically in force and effect for equivalent periods, 10 except as modified or terminated by mutual agreement of 11 the board of directors and the employee, or terminated in 12 accordance with this section. An extracurricular contract 13 shall initially be offered by the employing board to an 14 individual on the same date that contracts are offered to 15 teachers under section 279.13. An extracurricular contract 16 may be terminated at the end of a school year pursuant to 17 sections 279.15 through 279.19. If the school district offers 18 an extracurricular contract for a sport for the subsequent 19 school year to an employee who is currently performing 20 under an extracurricular contract for that sport, and the 21 employee does not wish to accept the extracurricular contract 22 for the subsequent year, the employee may resign from the 23 extracurricular contract within twenty-one days after it has 24 been received. 25 b. If the provisions of an extracurricular contract executed 26 under this section conflict with a collective bargaining 27 agreement negotiated under chapter 20 and effective when the 28 extracurricular contract is executed or renewed, the provisions 29 of the collective bargaining agreement shall prevail Section 30 279.13, subsection 3, applies to this section . 31 7. An extracurricular contract may be terminated prior to 32 the expiration of that contract for any lawful reason following 33 an informal, private hearing before the board of directors 34 pursuant to section 279.27 . The decision of the board to 35 -29- LSB 1492YH (5) 89 je/rn 29/ 109
H.F. 715 terminate an extracurricular contract shall be final. 1 8. a. A termination proceeding regarding an extracurricular 2 contract shall either by the board pursuant to subsection 2 or 3 pursuant to section 279.27 does not affect a contract issued 4 pursuant to section 279.13 . 5 b. A termination of a contract entered into pursuant to 6 section 279.13 , or a resignation from that contract by the 7 teacher, constitutes an automatic termination or resignation of 8 the extracurricular contract in effect between the same teacher 9 and the employing school board. 10 Sec. 48. Section 279.23, subsection 1, paragraph c, Code 11 2021, is amended to read as follows: 12 c. The rate of compensation per week of five consecutive 13 days or month of four consecutive weeks . 14 Sec. 49. Section 279.23, subsection 5, Code 2021, is amended 15 to read as follows: 16 5. Notwithstanding the other provisions of this section , 17 a temporary contract may be issued to an administrator for 18 up to nine months. Notwithstanding the other provisions of 19 this section , a temporary contract may also be issued to 20 an administrator to fill a vacancy created by a leave of 21 absence in accordance with the provisions of section 29A.28 , 22 which contract shall automatically terminate upon return from 23 military leave of the former incumbent of the administrator 24 position . Temporary contracts and which contract shall not be 25 subject to the provisions of sections 279.24 and 279.25 . 26 Sec. 50. Section 279.24, subsections 2 and 4, Code 2021, are 27 amended to read as follows: 28 2. If the board of directors is considering termination of 29 an administrator’s contract, prior to any formal action, the 30 board may arrange to meet in closed session, in accordance with 31 the provisions of section 21.5 , with the administrator and the 32 administrator’s representative. The board shall review the 33 administrator’s evaluation, review the reasons for nonrenewal, 34 and give the administrator an opportunity to respond. If, 35 -30- LSB 1492YH (5) 89 je/rn 30/ 109
H.F. 715 following the closed session, the board of directors and the 1 administrator are unable to mutually agree to a modification 2 or termination of the administrator’s contract, or the board 3 of directors may issue and the administrator are unable to 4 mutually agree to enter into a one-year , nonrenewable contract , 5 to the administrator. If the board of directors decides to 6 terminate the administrator’s contract, the board shall follow 7 the procedures in this section . 8 4. Administrators employed in a school district for 9 less than three two consecutive years are probationary 10 administrators. However, a school board may waive the 11 probationary period for any administrator who has previously 12 served a probationary period in another school district and 13 the school board may extend the probationary period for an 14 additional year with the consent of the administrator. If a 15 school board determines that it should terminate a probationary 16 administrator’s contract, the school board shall notify the 17 administrator not later than May 15 that the contract will not 18 be renewed beyond the current year. The notice shall be in 19 writing by letter, personally delivered, or mailed by certified 20 mail. The notification shall be complete when received by the 21 administrator. Within ten days after receiving the notice, the 22 administrator may request a private conference with the school 23 board to discuss the reasons for termination. The school 24 board’s decision to terminate a probationary administrator’s 25 contract shall be final unless the termination was based upon 26 an alleged violation of a constitutionally guaranteed right of 27 the administrator. 28 Sec. 51. Section 279.24, subsection 5, paragraphs c, d, e, 29 f, g, and h, Code 2021, are amended to read as follows: 30 c. Within five days after receipt of the written notice 31 that the school board has voted to consider termination of 32 the contract, the administrator may request a private hearing 33 in writing to the secretary of the school board . The board 34 shall then forward that the notification be forwarded to the 35 -31- LSB 1492YH (5) 89 je/rn 31/ 109
H.F. 715 board of educational examiners along with a request that the 1 board of educational examiners submit a list of five qualified 2 administrative law judges to the parties. Within three 3 days from receipt of the list the parties shall select an 4 administrative law judge by alternately removing a name from 5 the list until only one name remains. The person whose name 6 remains shall be the administrative law judge. The parties 7 shall determine by lot which party shall remove the first 8 name from the list. The private hearing shall be held no 9 sooner than twenty ten days and not later than forty thirty 10 days following the administrator’s request unless the parties 11 otherwise agree. If the administrator does not request a 12 private hearing, the school board, not later than May 31, may 13 determine the continuance or discontinuance of the contract 14 and, if the board determines to continue the administrator’s 15 contract, whether to suspend the administrator with or without 16 pay for a period specified by the board. School board action 17 shall be by majority roll call vote entered on the minutes of 18 the meeting. Notice of school board action shall be personally 19 delivered or mailed to the administrator. 20 d. The administrative law judge selected shall notify 21 the secretary of the school board and the administrator in 22 writing concerning the date, time, and location of the private 23 hearing. The school board may be represented by a legal 24 representative, if any, and the administrator shall appear and 25 may be represented by counsel or by representative, if any. 26 Any witnesses for the parties at the private hearing shall be 27 sequestered. A transcript or recording shall be made of the 28 proceedings at the private hearing. A school board member or 29 administrator is not liable for any damage to an administrator 30 or school board member if a statement made at the private 31 hearing is determined to be erroneous as long as the statement 32 was made in good faith. 33 e. The administrative law judge shall, within ten days 34 following the date of the private hearing, make a proposed 35 -32- LSB 1492YH (5) 89 je/rn 32/ 109
H.F. 715 decision as to whether or not the administrator should be 1 dismissed, and shall give a copy of the proposed decision to 2 the administrator and the school board. Findings of fact shall 3 be prepared by the administrative law judge. The proposed 4 decision of the administrative law judge shall become the final 5 decision of the school board unless within thirty ten days 6 after the filing of the decision the administrator files a 7 written notice of appeal with the school board, or the school 8 board on its own motion determines to review the decision. 9 f. If the administrator appeals to the school board, or if 10 the school board determines on its own motion to review the 11 proposed decision of the administrative law judge, a private 12 hearing shall be held before the school board within ten five 13 days after the petition for review, or motion for review, has 14 been made or at such other time as the parties agree. The 15 private hearing is not subject to chapter 21 . The school board 16 may hear the case de novo upon the record as submitted before 17 the administrative law judge. In cases where there is an 18 appeal from a proposed decision or where a proposed decision 19 is reviewed on motion of the school board, an opportunity 20 shall be afforded to each party to file exceptions, present 21 briefs, and present oral arguments to the school board which 22 is to render the final decision. The secretary of the school 23 board shall give the administrator written notice of the time, 24 place, and date of the private hearing. The school board shall 25 meet within five days after the private hearing to determine 26 the question of continuance or discontinuance of the contract 27 and, if the board determines to continue the administrator’s 28 contract, whether to suspend the administrator with or 29 without pay for a period specified by the board or issue the 30 administrator a one-year, nonrenewable contract . The school 31 board shall make findings of fact which shall be based solely 32 on the evidence in the record and on matters officially noticed 33 in the record. 34 g. The decision of the school board shall be in writing 35 -33- LSB 1492YH (5) 89 je/rn 33/ 109
H.F. 715 and shall include finding of fact and conclusions of law, 1 separately stated . Findings of fact, if set forth in statutory 2 language, shall be accompanied by a concise and explicit 3 statement of the underlying facts supporting the findings. 4 Each conclusion of law shall be supported by cited authority 5 or by reasoned opinion. 6 h. When the school board has reached a decision, opinion, 7 or conclusion, it shall convene in open meeting and by roll 8 call vote determine the continuance or discontinuance of 9 the administrator’s contract and, if the board votes to 10 continue the administrator’s contract, whether to suspend the 11 administrator with or without pay for a period specified by 12 the board or issue the administrator a one-year, nonrenewable 13 contract . The record of the private hearing conference and 14 written decision of the board findings of fact and exceptions 15 shall be exempt from the provisions of chapter 22 . The 16 secretary of the school board shall immediately personally 17 deliver or mail notice of the school board’s action to the 18 administrator. 19 Sec. 52. Section 279.27, Code 2021, is amended to read as 20 follows: 21 279.27 Discharge of teacher. 22 1. A teacher may be discharged at any time during the 23 contract year for just cause. The superintendent or the 24 superintendent’s designee, shall notify the teacher immediately 25 that the superintendent will recommend in writing to the board 26 at a regular or special meeting of the board held not more 27 than fifteen days after notification has been given to the 28 teacher that the teacher’s continuing contract be terminated 29 effective immediately following a decision of the board. 30 The procedure for dismissal shall be as provided in section 31 279.15, subsection 2 , and sections 279.16 through 279.19 . The 32 superintendent may suspend a teacher under this section pending 33 hearing and determination by the board. 34 2. For purposes of this section , “just cause” includes 35 -34- LSB 1492YH (5) 89 je/rn 34/ 109
H.F. 715 but is not limited to a violation of the code of professional 1 conduct and ethics of the board of educational examiners if 2 the board has taken disciplinary action against a teacher, 3 during the six months following issuance by the board of a 4 final written decision and finding of fact after a disciplinary 5 proceeding. 6 Sec. 53. Section 284.3, subsection 2, Code 2021, is amended 7 to read as follows: 8 2. A school board shall provide for the following: 9 a. For purposes of comprehensive evaluations, standards 10 and criteria which measure a beginning teacher’s performance 11 against the Iowa teaching standards specified in subsection 1 , 12 and the criteria for the Iowa teaching standards developed by 13 the department in accordance with section 256.9, to determine 14 whether the teacher’s practice meets the requirements specified 15 for a career teacher. These standards and criteria shall be 16 set forth in an instrument provided by the department. The 17 comprehensive evaluation and instrument are not subject to 18 negotiations or grievance procedures pursuant to chapter 20 or 19 determinations made by the board of directors under section 20 279.14 . A local school board and its certified bargaining 21 representative may negotiate, pursuant to chapter 20, 22 evaluation and grievance procedures for beginning teachers that 23 are not in conflict with this chapter. If, in accordance with 24 section 279.19, a beginning teacher appeals the determination 25 of a school board to an adjudicator under section 279.17, the 26 adjudicator selected shall have successfully completed training 27 related to the Iowa teacher standards, the criteria adopted 28 by the state board in accordance with subsection 3, and any 29 additional training required under rules adopted by the public 30 employment relations board in cooperation with the state board. 31 b. For purposes of performance reviews for teachers other 32 than beginning teachers, evaluations that contain, at a 33 minimum, the Iowa teaching standards specified in subsection 34 1 , as well as the criteria for the Iowa teaching standards 35 -35- LSB 1492YH (5) 89 je/rn 35/ 109
H.F. 715 developed by the department in accordance with section 1 256.9, subsection 42 . A local school board and its certified 2 bargaining representative may negotiate, pursuant to chapter 3 20, additional teaching standards and criteria. A local 4 school board and its certified bargaining representative shall 5 negotiate, pursuant to chapter 20, evaluation and grievance 6 procedures for teachers other than beginning teachers that are 7 not in conflict with this chapter. 8 Sec. 54. Section 284.4, subsection 1, paragraph b, 9 subparagraphs (2) and (5), Code 2021, are amended to read as 10 follows: 11 (2) Monitor the evaluation requirements of this chapter 12 to ensure evaluations are conducted in a fair and consistent 13 manner throughout the school district or agency. The committee 14 shall In addition to any negotiated evaluation procedures, 15 develop model evidence for the Iowa teaching standards and 16 criteria. The model evidence will minimize paperwork and focus 17 on teacher improvement. The model evidence will determine 18 which standards and criteria can be met with observation and 19 which evidence meets multiple standards and criteria. 20 (5) Determine Ensure the agreement negotiated pursuant to 21 chapter 20 determines the compensation for teachers on the 22 committee for work responsibilities required beyond the normal 23 work day. 24 Sec. 55. Section 284.8, subsections 2 and 3, Code 2021, are 25 amended to read as follows: 26 2. If a supervisor or an evaluator determines, at any time, 27 as a result of a teacher’s performance that the teacher is not 28 meeting district expectations under the Iowa teaching standards 29 specified in section 284.3, subsection 1 , paragraphs “a” 30 through “h” , and the criteria for the Iowa teaching standards 31 developed by the department in accordance with section 256.9, 32 subsection 42 , and any other standards or criteria established 33 in the collective bargaining agreement, the evaluator shall, 34 at the direction of the teacher’s supervisor, recommend to 35 -36- LSB 1492YH (5) 89 je/rn 36/ 109
H.F. 715 the district that the teacher participate in an intensive 1 assistance program. The intensive assistance program and its 2 implementation are not subject to negotiation and grievance 3 procedures established pursuant to chapter 20 . All school 4 districts shall be prepared to offer an intensive assistance 5 program. 6 3. A teacher who is not meeting the applicable standards and 7 criteria based on a determination made pursuant to subsection 2 8 shall participate in an intensive assistance program. However, 9 a teacher who has previously participated in an intensive 10 assistance program relating to particular Iowa teaching 11 standards or criteria shall not be entitled to participate 12 in another intensive assistance program relating to the same 13 standards or criteria and shall be subject to the provisions of 14 subsection 4 . 15 Sec. 56. Section 284.8, Code 2021, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 2A. If a teacher is denied advancement 18 to the career II or advanced teacher level based upon a 19 performance review, the teacher may appeal the decision to an 20 adjudicator under the process established under section 279.17. 21 However, the decision of the adjudicator is final. 22 Sec. 57. Section 284.8, subsection 4, Code 2021, is amended 23 by striking the subsection. 24 Sec. 58. EFFECTIVE DATE. This division of this Act, being 25 deemed of immediate importance, takes effect upon enactment. 26 Sec. 59. APPLICABILITY. This division of this Act applies 27 to employment contracts of school employees entered into 28 pursuant to chapter 279 on and after the effective date of 29 this division of this Act. This division of this Act does 30 not apply to collective bargaining agreements which have been 31 ratified in a ratification election referred to in section 32 20.17, subsection 4, for which an arbitrator has made a final 33 determination as described in section 20.22, subsection 11, 34 or which have become effective, where such events occurred 35 -37- LSB 1492YH (5) 89 je/rn 37/ 109
H.F. 715 before the effective date of this division of this Act. This 1 division of this Act applies to all collective bargaining 2 procedures provided for in chapter 20 occurring on and after 3 the effective date of this division of this Act and collective 4 bargaining agreements pursuant to chapter 20 for which a 5 ratification election referred to in section 20.17, subsection 6 4, is held, for which an arbitrator makes a final determination 7 as described in section 20.22, subsection 11, or which become 8 effective on or after the effective date of this division of 9 this Act. 10 DIVISION V 11 PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS 12 Sec. 60. Section 22.7, subsection 11, paragraph a, 13 subparagraph (5), Code 2021, is amended to read as follows: 14 (5) The fact that the individual resigned in lieu of 15 termination, was discharged , or was demoted as the result of 16 a final disciplinary action , and the documented reasons and 17 rationale for the resignation in lieu of termination, the 18 discharge, or the demotion. For purposes of this subparagraph, 19 “demoted” and “demotion” mean a change of an employee from 20 a position in a given classification to a position in a 21 classification having a lower pay grade upon the exhaustion of 22 all applicable contractual, legal, and statutory remedies . 23 Sec. 61. REPEAL. Sections 22.13A and 22.15, Code 2021, are 24 repealed. 25 Sec. 62. EFFECTIVE DATE. This division of this Act, being 26 deemed of immediate importance, takes effect upon enactment. 27 Sec. 63. APPLICABILITY. This division of this Act applies 28 to requests for records pursuant to chapter 22 submitted on or 29 after the effective date of this division of this Act. 30 DIVISION VI 31 CITY CIVIL SERVICE REQUIREMENTS 32 Sec. 64. Section 400.12, subsection 4, Code 2021, is amended 33 by striking the subsection. 34 Sec. 65. Section 400.17, subsection 4, Code 2021, is amended 35 -38- LSB 1492YH (5) 89 je/rn 38/ 109
H.F. 715 to read as follows: 1 4. A person shall not be appointed, denied appointment, 2 promoted, removed, discharged, suspended, or demoted to or 3 from a civil service position or in any other way favored or 4 discriminated against in that position because of political 5 or religious opinions or affiliations, race, national origin, 6 sex, or age, or in retaliation for the exercise of any right 7 enumerated in this chapter . However, the maximum age for a 8 police officer or fire fighter covered by this chapter and 9 employed for police duty or the duty of fighting fires is 10 sixty-five years of age. 11 Sec. 66. Section 400.18, Code 2021, is amended by striking 12 the section and inserting in lieu thereof the following: 13 400.18 Removal, demotion, or suspension. 14 1. A person holding civil service rights as provided in 15 this chapter shall not be removed, demoted, or suspended 16 arbitrarily, except as otherwise provided in this chapter, but 17 may be removed, demoted, or suspended after a hearing by a 18 majority vote of the civil service commission, for neglect of 19 duty, disobedience, misconduct, or failure to properly perform 20 the person’s duties. 21 2. The party alleging neglect of duty, disobedience, 22 misconduct, or failure to properly perform a duty shall have 23 the burden of proof. 24 3. A person subject to a hearing has the right to be 25 represented by counsel at the person’s expense or by the 26 person’s authorized collective bargaining representative. 27 Sec. 67. Section 400.19, Code 2021, is amended to read as 28 follows: 29 400.19 Removal , or discharge , demotion, or suspension of 30 subordinates. 31 The person having the appointing power as provided in 32 this chapter , or the chief of police or chief of the fire 33 department, may , upon presentation of grounds for such action 34 to the subordinate in writing, peremptorily remove, discharge, 35 -39- LSB 1492YH (5) 89 je/rn 39/ 109
H.F. 715 demote, or suspend , demote, or discharge a subordinate then 1 under the person’s or chief’s direction due to any act or 2 failure to act by the employee that is in contravention of law, 3 city policies, or standard operating procedures, or that in 4 the judgment of the person or chief is sufficient to show that 5 the employee is unsuitable or unfit for employment for neglect 6 of duty, disobedience of orders, misconduct, or failure to 7 properly perform the subordinate’s duties . 8 Sec. 68. Section 400.20, Code 2021, is amended to read as 9 follows: 10 400.20 Appeal. 11 The removal, discharge suspension , demotion, or suspension 12 discharge of a person holding civil service rights may be 13 appealed to the civil service commission within fourteen 14 calendar days after the removal, discharge suspension , 15 demotion, or suspension discharge . 16 Sec. 69. Section 400.21, Code 2021, is amended to read as 17 follows: 18 400.21 Notice of appeal. 19 If the appeal be taken by the person removed, discharged 20 suspended , demoted, or suspended discharged , notice of the 21 appeal, signed by the appellant and specifying the ruling 22 appealed from, shall be filed with the clerk of the commission. 23 If the appeal is taken by the person making such removal, 24 discharge suspension , demotion, or suspension discharge , such 25 notice shall also be served upon the person removed, discharged 26 suspended , demoted, or suspended discharged . 27 Sec. 70. Section 400.22, Code 2021, is amended to read as 28 follows: 29 400.22 Charges. 30 Within fourteen calendar days from the service of the notice 31 of appeal, the person or body making the ruling appealed 32 from shall file with the body to which the appeal is taken a 33 written specification of the charges and grounds upon which the 34 ruling was based. If the charges are not filed, the person 35 -40- LSB 1492YH (5) 89 je/rn 40/ 109
H.F. 715 removed, suspended or discharged , demoted, or suspended may 1 present the matter to the body to whom the appeal is to be 2 taken by affidavit, setting forth the facts, and the body to 3 whom the appeal is to be taken shall immediately enter an 4 order reinstating the person removed, suspended or discharged , 5 demoted, or suspended for want of prosecution. 6 Sec. 71. Section 400.27, subsection 3, Code 2021, is amended 7 to read as follows: 8 3. The city or any civil service employee shall have a 9 right to appeal to the district court from the final ruling or 10 decision of the civil service commission. The appeal shall be 11 taken within thirty days from the filing of the formal decision 12 of the commission. The district court of the county in which 13 the city is located shall have full jurisdiction of the appeal. 14 The scope of review for the appeal shall be limited to de novo 15 appellate review without a trial or additional evidence The 16 appeal shall be a trial de novo as an equitable action in the 17 district court . 18 Sec. 72. Section 400.28, Code 2021, is amended by striking 19 the section and inserting in lieu thereof the following: 20 400.28 Employees —— number diminished. 21 1. When the public interest requires a diminution of 22 employees in a classification or grade under civil service, 23 the city council, acting in good faith, may do either of the 24 following: 25 a. Abolish the office and remove the employee from the 26 employee’s classification or grade thereunder. 27 b. Reduce the number of employees in any classification or 28 grade by suspending the necessary number. 29 2. In case it thus becomes necessary to so remove or suspend 30 any such employees, the persons so removed or suspended shall 31 be those having seniority of the shortest duration in the 32 classifications or grades affected, and such seniority shall be 33 computed as provided in section 400.12 for all persons holding 34 seniority in the classification or grade affected, regardless 35 -41- LSB 1492YH (5) 89 je/rn 41/ 109
H.F. 715 of their seniority in any other classification or grade, but 1 any such employee so removed from any classification or grade 2 shall revert to the employee’s seniority in the next lower 3 grade or classification; if such seniority is equal, then the 4 one less efficient and competent as determined by the person or 5 body having the appointing power shall be the one affected. 6 3. In case of removal or suspension, the civil service 7 commission shall issue to each person affected one certificate 8 showing the person’s comparative seniority or length of service 9 in each of the classifications or grades from which the person 10 is so removed and the fact that the person has been honorably 11 removed. The certificate shall also list each classification 12 or grade in which the person was previously employed. The 13 person’s name shall be carried for a period of not less than 14 three years after the suspension or removal on a preferred list 15 and appointments or promotions made during that period to the 16 person’s former duties in the classification or grade shall 17 be made in the order of greater seniority from the preferred 18 lists. 19 Sec. 73. SENIORITY RIGHTS REESTABLISHED. The seniority 20 rights of any civil service employee extinguished pursuant 21 to section 400.12, subsection 4, Code 2021, are hereby 22 reestablished, including accrual of seniority during the period 23 of extinguishment. 24 Sec. 74. EFFECTIVE DATE. This division of this Act, being 25 deemed of immediate importance, takes effect upon enactment. 26 Sec. 75. APPLICABILITY. This division of this Act applies 27 to employment actions taken on or after the effective date of 28 this division of this Act. 29 DIVISION VII 30 HEALTH INSURANCE MATTERS 31 Sec. 76. REPEAL. Section 70A.41, Code 2021, is repealed. 32 Sec. 77. EFFECTIVE DATE. This division of this Act, being 33 deemed of immediate importance, takes effect upon enactment. 34 DIVISION VIII 35 -42- LSB 1492YH (5) 89 je/rn 42/ 109
H.F. 715 FAMILY AND MEDICAL LEAVE INSURANCE 1 Sec. 78. Section 7E.5, subsection 1, paragraph h, Code 2021, 2 is amended to read as follows: 3 h. The department of workforce development, created 4 in section 84A.1 , which has primary responsibility for 5 administering the laws relating to unemployment compensation 6 insurance, job placement and training, employment safety, labor 7 standards, workers’ compensation, the family leave and medical 8 insurance program, and related matters. 9 Sec. 79. Section 84A.1, subsection 1, Code 2021, is amended 10 to read as follows: 11 1. The department of workforce development is created to 12 administer the laws of this state relating to unemployment 13 compensation insurance, job placement and training, employment 14 safety, labor standards, and workers’ compensation , and the 15 family leave and medical leave insurance program . 16 Sec. 80. NEW SECTION . 96A.1 Short title. 17 This chapter may be cited as the “Iowa Family and Medical 18 Leave Act” . 19 Sec. 81. NEW SECTION . 96A.2 Definitions. 20 As used in this chapter, unless the context otherwise 21 requires: 22 1. “Child” means a biological, adopted, or foster child, 23 a stepchild, a legal ward, or a child of a person standing in 24 loco parentis, regardless of the child’s age or dependency 25 status. 26 2. “Covered employer” means a private sector employer who 27 has ten or more employees for each working day during each of 28 twenty or more calendar workweeks in the current or previous 29 calendar year, and a public employer without regard to the 30 number of employees employed. 31 3. “Department” means the department of workforce 32 development. 33 4. “Director” means the director of the department of 34 workforce development. 35 -43- LSB 1492YH (5) 89 je/rn 43/ 109
H.F. 715 5. “Employee” means a natural person who is employed in 1 this state for wages by an employer. “Employee” also includes 2 a commission salesperson who takes orders or performs services 3 on behalf of a principal and who is paid on the basis of 4 commissions but does not include persons who purchase for 5 their own account for resale. “Employee” shall not include an 6 independent contractor, a self-employed person, or a patient or 7 inmate employed by a state or local institution to which the 8 patient or inmate has been sentenced or committed, or any of 9 the following persons engaged in agriculture: 10 a. The spouse of the employer and a relative of either the 11 employer or the employer’s spouse who resides on the premises 12 of the employer. 13 b. A person engaged in agriculture as an owner-operator 14 or tenant-operator, and the spouse or a relative of either 15 an owner-operator or a tenant-operator who resides on the 16 premises while exchanging labor with the owner-operator or the 17 tenant-operator for mutual benefit. 18 c. A neighboring person engaged in agriculture who is 19 exchanging labor or other services. 20 6. “Employer” means the same as defined in 91A.2. 21 “Employer” includes a temporary staffing agency or employment 22 agency. 23 7. “Employment benefits” means all benefits provided or 24 made available to an employee by an employer, including group 25 life insurance, health insurance, disability insurance, sick 26 leave, annual leave, educational benefits, and pensions except 27 benefits that are provided by a practice or written policy of 28 an employer or through an employee benefit plan as defined in 29 29 U.S.C. §1002(3). 30 8. “Family leave” means a leave taken from work by an 31 employee for any of the following reasons: 32 a. To participate in providing care, including physical or 33 psychological care, for a family member of the employee made 34 necessary by a serious health condition of the family member. 35 -44- LSB 1492YH (5) 89 je/rn 44/ 109
H.F. 715 b. To bond with the employee’s child after the child’s 1 birth, or with a child under the age of eighteen placed with 2 the employee for adoption or foster care. 3 c. Because of a qualifying exigency for a family member as 4 permitted under the federal Family and Medical Leave Act of 5 1993, as amended, and federal regulations as provided in 29 6 C.F.R. §825.126. 7 9. “Family member” means a child, parent, or spouse of an 8 employee. 9 10. “Gross earnings” means the same as defined in section 10 85.61. 11 11. “Health care provider” means a physician or other 12 health care practitioner licensed, accredited, registered, or 13 certified to perform specified health care services consistent 14 with state law. 15 12. “In loco parentis” means an individual who has 16 day-to-day responsibilities to care for or financially support 17 a child. 18 13. “Inpatient care” means an overnight stay in a hospital, 19 hospice, or residential medical care facility, including any 20 period of incapacity, or any subsequent treatment in connection 21 with such inpatient care. 22 14. “Medical leave” means a leave from work taken by an 23 employee made necessary by the employee’s own serious health 24 condition. 25 15. “Parent” means a biological, adoptive, step, or foster 26 father or mother, or any other individual who stands in 27 loco parentis to an employee or who stood in loco parentis 28 when the employee was a child. “Parent” does not include a 29 parent-in-law. 30 16. “Period of incapacity” means an inability to work, 31 attend school, or perform other regular daily activities due 32 to a serious health condition, treatment of a serious health 33 condition, or recovery from a serious health condition. 34 17. “Premium” or “premiums” means the payments required by 35 -45- LSB 1492YH (5) 89 je/rn 45/ 109
H.F. 715 section 96A.12 and paid to the department for deposit in the 1 family and medical leave insurance account pursuant to section 2 96A.22. 3 18. “Public employer” means the state of Iowa, its 4 boards, commissions, agencies, departments, and its political 5 subdivisions including school districts and other special 6 purpose districts. 7 19. “Serious health condition” means an illness, injury, 8 impairment, physical condition, or mental condition that 9 involves inpatient care in a hospital, hospice, medical care 10 facility, or continued treatment or continuing supervision by 11 a health care provider. 12 20. “Spendable weekly earnings” means the amount remaining 13 after payroll taxes are deducted from an employee’s gross 14 weekly earnings. 15 21. “Spouse” means the person with whom an individual has 16 entered into marriage as defined or recognized under state law 17 for purposes of marriage in the state in which the marriage 18 was entered into or, in the case of a marriage entered into 19 outside of any state, if the marriage is valid in the place 20 where the marriage was entered into and the marriage could have 21 been entered into in at least one state, including a common law 22 marriage. 23 22. “Wages” means the same as defined in section 91A.2. 24 Sec. 82. NEW SECTION . 96A.3 Benefit eligibility. 25 An employee is eligible for family leave and medical leave 26 as provided in this chapter after working for a covered 27 employer for both a minimum of twelve consecutive months 28 immediately preceding the employee’s request for leave and a 29 minimum of one thousand two hundred fifty hours during that 30 twelve-consecutive-month period. 31 Sec. 83. NEW SECTION . 96A.4 Leave entitlement for a defined 32 twelve-month period. 33 1. An employee is entitled to a maximum of twelve weeks 34 of family leave during a defined period of twelve consecutive 35 -46- LSB 1492YH (5) 89 je/rn 46/ 109
H.F. 715 months. 1 2. An employee is entitled to a maximum of twelve weeks of 2 medical leave during a defined period of twelve consecutive 3 months unless the employee experiences a serious health 4 condition, which is pregnancy-related, that results in a longer 5 period of incapacity in which case any extended medical leave 6 beyond twelve weeks shall conform with section 216.6. 7 3. An employee is entitled to a maximum combined total of 8 paid family leave and medical leave of sixteen weeks during a 9 defined period of twelve consecutive months. 10 4. An employee is not entitled to family leave or medical 11 leave of less than eight consecutive hours. 12 Sec. 84. NEW SECTION . 96A.5 Calculating the defined 13 twelve-month period. 14 The defined period of twelve consecutive months for 15 calculation of an eligible employee’s family leave or medical 16 leave entitlement begins on any of the following: 17 1. The date of birth of the employee’s child, or the date 18 of placement of a child for adoption or foster care with the 19 employee. 20 2. The first day of family leave that the employee takes for 21 a family member’s serious health condition or a family member’s 22 qualifying exigency. 23 3. The first day of the employee’s medical leave. 24 Sec. 85. NEW SECTION . 96A.6 Disqualification from leave 25 entitlement. 26 An eligible employee is disqualified for family leave or 27 medical leave benefits under this chapter for any of the 28 following reasons: 29 1. An absence due to the employee’s willful intention to 30 injure or cause a sickness to the employee or to the employee’s 31 family member. 32 2. An injury or sickness caused by the employee engaging in 33 an illegal act. 34 3. The employee’s absence due to an employer taking any 35 -47- LSB 1492YH (5) 89 je/rn 47/ 109
H.F. 715 disciplinary action against the employee. 1 Sec. 86. NEW SECTION . 96A.7 Employee notice to employer 2 of intent to take leave. 3 1. If leave for the birth of a child or placement of a child 4 for adoption or foster care with an employee is foreseeable, 5 the employee shall provide written notice to the employer not 6 less than thirty calendar days before the date the leave is to 7 begin. 8 2. If the birth of a child or placement of a child for 9 adoption or foster care with an employee requires leave to 10 begin in less than thirty calendar days, the employee shall 11 provide written notice to the employer as far in advance as is 12 practicable. 13 3. If leave for a family member’s serious health condition 14 or an employee’s serious health condition is foreseeable based 15 on planned medical treatment, the employee shall do all of the 16 following: 17 a. Make a reasonable effort to schedule such medical 18 treatment, subject to the recommendation of the employee’s or 19 family member’s health care provider as appropriate, to not 20 unduly disrupt the operations of the employer. 21 b. Provide the employer with not less than thirty calendar 22 days prior written notice of the employee’s intention to take 23 leave for a family member’s serious health condition or the 24 employee’s serious health condition. 25 4. If leave for a family member’s serious health condition 26 or an employee’s serious health condition is not foreseeable, 27 the employee shall provide written notice to the employer as 28 far in advance as is practicable. 29 Sec. 87. NEW SECTION . 96A.8 Weekly claim, certification, 30 and verification. 31 Beginning January 1, 2026, family leave or medical leave 32 insurance benefits are payable to an employee during a period 33 in which the employee is unable to perform the employee’s 34 regular or customary work because the employee is on family 35 -48- LSB 1492YH (5) 89 je/rn 48/ 109
H.F. 715 leave or medical leave if the employee meets all of the 1 following requirements: 2 1. The employee files a weekly claim for benefits with the 3 department as required per rules adopted by the director. 4 2. The employee meets the eligibility requirements pursuant 5 to section 96A.3 or the elective coverage requirements pursuant 6 to section 96A.14. 7 3. The employee consents to the disclosure of information or 8 records that may be deemed private or confidential under state 9 or federal law. Disclosure of such information and records by 10 another state agency or an employer to the department shall 11 be solely for purposes related to the administration of this 12 chapter. Information and records disclosed by an employee 13 under this chapter shall not be public records as defined in 14 section 22.1. 15 4. The employee authorizes the health care provider of the 16 employee’s family member or of the employee, as applicable, to 17 complete a certification of a serious health condition in a 18 form as required by the director. 19 5. The employee attests that written notice has been 20 provided to the employee’s employer per section 96A.7. 21 6. The employee provides documentation of a family member’s 22 qualifying exigency if requested by the employee’s employer. 23 Sec. 88. NEW SECTION . 96A.9 Waiting period for leave 24 benefits. 25 Family leave or medical leave insurance benefits shall be 26 payable to an eligible employee following a waiting period 27 consisting of the first seven calendar days of the employee’s 28 leave. However, no such waiting period applies to a leave for 29 the birth or placement of a child with an eligible employee. 30 Sec. 89. NEW SECTION . 96A.10 Weekly leave benefit amount. 31 1. The basis for the calculation of a leave benefit amount 32 shall be the weekly earnings of an eligible employee on the 33 day the leave is granted. “Weekly earnings” means the gross 34 earnings of an employee to which the employee would have been 35 -49- LSB 1492YH (5) 89 je/rn 49/ 109
H.F. 715 entitled had the employee worked the employee’s customary hours 1 for the full pay period in which the employee is on family 2 leave or medical leave. Weekly earnings shall be computed as 3 follows, rounded to the nearest dollar, for an employee who is 4 paid on the following basis: 5 a. On a weekly pay period basis, the weekly earnings are the 6 weekly gross earnings. 7 b. On a biweekly pay period basis, the weekly earnings are 8 one-half of the biweekly gross earnings. 9 c. On a semimonthly pay period basis, the weekly earnings 10 are the semimonthly gross earnings multiplied by twenty-four 11 and then divided by fifty-two. 12 d. On a monthly pay period basis, the weekly earnings 13 are the monthly gross earnings multiplied by twelve and then 14 divided by fifty-two. 15 e. On a yearly pay period basis, the weekly earnings shall 16 be the yearly earnings divided by fifty-two. 17 f. On a daily or hourly basis, or by the output of an 18 employee, the weekly earnings shall be computed by dividing by 19 thirteen the earnings, including shift differential pay but 20 not including overtime or premium pay, of the employee earned 21 in the last completed period of thirteen consecutive calendar 22 weeks immediately preceding the start day of the leave. If 23 the employee was absent from employment for personal reasons 24 during part of the thirteen calendar weeks preceding the 25 leave, the employee’s weekly earnings shall be the amount the 26 employee would have earned had the employee worked when work 27 was available to other employees of the employer in a similar 28 occupation. A week that does not fairly reflect the employee’s 29 customary earnings shall be replaced by the closest previous 30 week with earnings that fairly represent the employee’s 31 customary earnings. 32 2. If on the date that an employee’s leave begins the 33 employee’s hourly earnings cannot be ascertained, the earnings 34 for the purpose of calculating the benefit amount shall be the 35 -50- LSB 1492YH (5) 89 je/rn 50/ 109
H.F. 715 usual earnings for similar services where such services are 1 rendered by paid employees. 2 3. If an employee earns either no wages, or less than the 3 usual weekly earnings of a regular full-time adult laborer 4 in the line of work in which the employee is working in 5 that locality, the weekly earnings shall be one-fiftieth of 6 the total earnings which the employee has earned from all 7 employment during the twelve consecutive calendar months 8 immediately preceding the date that the employee’s leave 9 begins. 10 4. The weekly leave benefit amount payable to an employee 11 for any one week shall be eighty percent of the employee’s 12 spendable weekly earnings, but shall not exceed an amount equal 13 to two hundred percent of the statewide average weekly wage 14 as calculated by the department pursuant to section 96.1A and 15 in effect on the date that the