Senate File 2304 - Introduced SENATE FILE 2304 BY T. TAYLOR A BILL FOR An Act relating to providing family and medical leave for 1 railroad employees and providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5161XS (4) 89 ec/rn

S.F. 2304 Section 1. NEW SECTION . 91F.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Applicable monthly guarantee” means the minimum number 4 of hours a railroad employer has agreed to pay the employee or 5 the minimum number of hours a railroad employer has agreed to 6 schedule the employee. 7 2. “Commissioner” means the labor commissioner, appointed 8 pursuant to section 91.2. 9 3. “Eligible employee” means an employee, as defined in 10 section 91A.2, who performs regulated service for a railroad 11 employer, has been employed for at least twelve months by the 12 railroad employer with respect to whom leave is requested, 13 and has worked or been paid for not less than five hundred 14 four hours with such railroad employer during the previous 15 twelve-month period or has worked or been paid for not less 16 than sixty percent of the employee’s applicable monthly 17 guarantee. 18 4. “Parent” means a biological or adoptive parent of an 19 employee. 20 5. “Railroad employer” means an employer, as defined in 21 section 9lA.2, that is a railroad which operates any form 22 of nonhighway ground transportation that runs on rails or 23 electromagnetic guideways. 24 6. “Serious health condition” means an illness, injury, 25 impairment, or physical or mental condition that involves 26 inpatient care in a hospital, hospice, or residential facility 27 or continuing treatment by a health care provider. 28 7. “Son or daughter” means a biological, adopted, or foster 29 child, a stepchild, a legal ward, or a child of a person 30 standing in loco parentis who is under eighteen years of age or 31 is eighteen years of age or older and incapable of self-care 32 because of a mental or physical disability. 33 8. “Spouse” means a husband or wife. 34 Sec. 2. NEW SECTION . 91F.2 Family and medical leave 35 -1- LSB 5161XS (4) 89 ec/rn 1/ 4

S.F. 2304 authorized. 1 1. An eligible employee shall be entitled to a total of 2 eighty-four days of leave during any twelve-month period for 3 one or more of the following: 4 a. Because of the birth of a son or daughter of the employee 5 and in order to care for such son or daughter. 6 b. Because of the placement of a son or daughter with the 7 employee for adoption or foster care. 8 c. In order to care for the spouse, or a son, daughter, 9 or parent of the employee, if such spouse, son, daughter, or 10 parent has a serious health condition. 11 d. Because of a serious health condition that makes the 12 employee unable to perform the functions of the position of 13 such employee. 14 2. The entitlement to leave under subsection 1, paragraphs 15 “a” and “b” , for a birth or placement of a son or daughter shall 16 expire at the end of the twelve-month period beginning on the 17 date of such birth or placement. 18 Sec. 3. NEW SECTION . 91F.3 Leave requirements. 19 1. A railroad employer shall not be required to pay an 20 eligible employee for any leave taken pursuant to section 21 91F.2. However, an eligible employee taking a leave permitted 22 by this chapter may elect to substitute for leave allowed under 23 this chapter any of the employee’s accrued vacation leave or 24 other accrued time off during this period or any other paid 25 or unpaid time off negotiated with the employer. However, an 26 employee shall not use sick leave during the period of the 27 family and medical leave unless mutually agreed to by the 28 employer and the employee. 29 2. If the employee’s need for a leave pursuant to this 30 section is foreseeable, the employee shall provide the railroad 31 employer with reasonable advance notice of the need for the 32 leave. 33 Sec. 4. NEW SECTION . 91F.4 Penalties —— enforcement. 34 1. It shall be unlawful for a railroad employer to refuse to 35 -2- LSB 5161XS (4) 89 ec/rn 2/ 4

S.F. 2304 hire, discharge, fine, suspend, expel, or discriminate against 1 any individual for exercising the individual’s rights to take 2 leave pursuant to this chapter. 3 2. An employer who violates this chapter commits a simple 4 misdemeanor. 5 3. The commissioner shall adopt rules to implement and 6 enforce this chapter. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill provides that railroad employees shall be entitled 11 to take leave, including unpaid leave, for up to 84 days in 12 a 12-month period because of a birth or adoption of a son 13 or daughter or because of a serious health condition of the 14 employee or the employee’s son or daughter, spouse, or parent. 15 The bill provides definitions for “applicable monthly 16 guarantee”, “commissioner”, “eligible employee”, “parent”, 17 “railroad employer”, “serious health condition”, “son or 18 daughter”, and “spouse”. An eligible employee is defined as 19 a person employed for at least 12 months by the employer and 20 who has worked or been paid for not less than 504 hours with 21 such employer during the previous 12-month period or has worked 22 or been paid for not less than 60 percent of the employee’s 23 applicable monthly guarantee. “Applicable monthly guarantee” 24 is defined as the minimum number of hours a railroad employer 25 has agreed to pay the employee or the minimum number of hours 26 a railroad employer has agreed to schedule the employee. A 27 “railroad employer” is defined as provided in the Code chapter 28 governing wage payment collection as a person who employs a 29 natural person for wages for a railroad. 30 The bill provides for how the leave will be taken, whether 31 paid or unpaid, and that an eligible employee should make 32 an effort to provide advance notice that the leave may be 33 taken. The bill provides that a railroad employer who violates 34 this Code chapter commits a simple misdemeanor. A simple 35 -3- LSB 5161XS (4) 89 ec/rn 3/ 4

S.F. 2304 misdemeanor is punishable by confinement for no more than 1 30 days and a fine of at least $105 but not more than $855. 2 Finally, the bill provides that the labor commissioner shall 3 adopt rules to implement and enforce this new Code chapter. 4 -4- LSB 5161XS (4) 89 ec/rn 4/ 4