H.F. _____ Section 1. Section 84A.5, subsection 4, Code 2023, is 1 amended to read as follows: 2 4. The division of labor services is responsible for the 3 administration of the laws of this state under chapters 88 , 4 88A , 88B , 89 , 89A , 89B , 90A , 91 , 91A , 91C , 91D , 91E , 91F, 92 , 5 and 94A , and sections 73A.21 and 85.68 . The executive head of 6 the division is the labor commissioner, appointed pursuant to 7 section 91.2 . 8 Sec. 2. Section 91.4, subsection 2, Code 2023, is amended 9 to read as follows: 10 2. The director of the department of workforce development, 11 in consultation with the labor commissioner, shall, at the 12 time provided by law, make an annual report to the governor 13 setting forth in appropriate form the business and expense of 14 the division of labor services for the preceding year, the 15 number of remedial actions taken under chapter 89A , the number 16 of disputes or violations processed by the division and the 17 disposition of the disputes or violations, and other matters 18 pertaining to the division which are of public interest, 19 together with recommendations for change or amendment of the 20 laws in this chapter and chapters 88 , 88A , 88B , 89 , 89A , 89B , 21 90A , 91A , 91C , 91D , 91E , 91F, 92 , and 94A , and section 85.68 , 22 and the recommendations, if any, shall be transmitted by the 23 governor to the first general assembly in session after the 24 report is filed. 25 Sec. 3. NEW SECTION . 91F.1 Definitions. 26 As used in this chapter, unless the context otherwise 27 requires: 28 1. “Applicable monthly guarantee” means the minimum number 29 of hours a railroad employer has agreed to pay the employee or 30 the minimum number of hours a railroad employer has agreed to 31 schedule the employee. 32 2. “Commissioner” means the labor commissioner, appointed 33 pursuant to section 91.2. 34 3. “Eligible employee” means an employee, as defined in 35 -1- LSB 1931YC (1) 90 je/rn 1/ 4

H.F. _____ section 91A.2, who performs regulated service for a railroad 1 employer, has been employed for at least twelve months by the 2 railroad employer with respect to whom leave is requested, 3 and has worked or been paid for not less than five hundred 4 four hours with such railroad employer during the previous 5 twelve-month period or has worked or been paid for not less 6 than sixty percent of the employee’s applicable monthly 7 guarantee. 8 4. “Parent” means a biological or adoptive parent of an 9 employee. 10 5. “Railroad employer” means an employer, as defined in 11 section 9lA.2, that is a railroad which operates any form 12 of nonhighway ground transportation that runs on rails or 13 electromagnetic guideways. 14 6. “Serious health condition” means an illness, injury, 15 impairment, or physical or mental condition that involves 16 inpatient care in a hospital, hospice, or residential facility 17 or continuing treatment by a health care provider. 18 7. “Son or daughter” means a biological, adopted, or foster 19 child, a stepchild, a legal ward, or a child of a person 20 standing in loco parentis who is under eighteen years of age or 21 is eighteen years of age or older and incapable of self-care 22 because of a mental or physical disability. 23 8. “Spouse” means a husband or wife. 24 Sec. 4. NEW SECTION . 91F.2 Family and medical leave 25 authorized. 26 1. An eligible employee shall be entitled to a total of 27 eighty-four days of leave during any twelve-month period for 28 one or more of the following: 29 a. Because of the birth of a son or daughter of the employee 30 and in order to care for such son or daughter. 31 b. Because of the placement of a son or daughter with the 32 employee for adoption or foster care. 33 c. In order to care for the spouse, or a son, daughter, 34 or parent of the employee, if such spouse, son, daughter, or 35 -2- LSB 1931YC (1) 90 je/rn 2/ 4

H.F. _____ parent has a serious health condition. 1 d. Because of a serious health condition that makes the 2 employee unable to perform the functions of the position of 3 such employee. 4 2. The entitlement to leave under subsection 1, paragraphs 5 “a” and “b” , for a birth or placement of a son or daughter shall 6 expire at the end of the twelve-month period beginning on the 7 date of such birth or placement. 8 Sec. 5. NEW SECTION . 91F.3 Leave requirements. 9 1. A railroad employer shall not be required to pay an 10 eligible employee for any leave taken pursuant to section 11 91F.2. However, an eligible employee taking a leave permitted 12 by this chapter may elect to substitute for leave allowed under 13 this chapter any of the employee’s accrued vacation leave or 14 other accrued time off during this period or any other paid 15 or unpaid time off negotiated with the employer. However, an 16 employee shall not use sick leave during the period of the 17 family and medical leave unless mutually agreed to by the 18 employer and the employee. 19 2. If the employee’s need for a leave pursuant to this 20 section is foreseeable, the employee shall provide the railroad 21 employer with reasonable advance notice of the need for the 22 leave. 23 Sec. 6. NEW SECTION . 91F.4 Penalties —— enforcement. 24 1. It shall be unlawful for a railroad employer to refuse to 25 hire, discharge, fine, suspend, expel, or discriminate against 26 any individual for exercising the individual’s rights to take 27 leave pursuant to this chapter. 28 2. An employer who violates this chapter commits a simple 29 misdemeanor. 30 3. The commissioner shall adopt rules pursuant to chapter 31 17A to implement and enforce this chapter. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -3- LSB 1931YC (1) 90 je/rn 3/ 4

H.F. _____ This bill provides that railroad employees shall be entitled 1 to take leave, including unpaid leave, for up to 84 days in 2 a 12-month period because of a birth or adoption of a son 3 or daughter or because of a serious health condition of the 4 employee or the employee’s son or daughter, spouse, or parent. 5 The bill provides definitions for “applicable monthly 6 guarantee”, “commissioner”, “eligible employee”, “parent”, 7 “railroad employer”, “serious health condition”, “son or 8 daughter”, and “spouse”. An eligible employee is defined as 9 a person employed for at least 12 months by the employer and 10 who has worked or been paid for not less than 504 hours with 11 such employer during the previous 12-month period or has worked 12 or been paid for not less than 60 percent of the employee’s 13 applicable monthly guarantee. “Applicable monthly guarantee” 14 is defined as the minimum number of hours a railroad employer 15 has agreed to pay the employee or the minimum number of hours 16 a railroad employer has agreed to schedule the employee. A 17 “railroad employer” is defined as provided in the Code chapter 18 governing wage payment collection as a person who employs a 19 natural person for wages for a railroad. 20 The bill provides for how the leave will be taken, whether 21 paid or unpaid, and that an eligible employee should make 22 an effort to provide advance notice that the leave may be 23 taken. The bill provides that a railroad employer who violates 24 this Code chapter commits a simple misdemeanor. A simple 25 misdemeanor is punishable by confinement for no more than 30 26 days and a fine of at least $105 but not more than $855. The 27 bill provides that the labor commissioner shall adopt rules to 28 implement and enforce this new Code chapter. 29 -4- LSB 1931YC (1) 90 je/rn 4/ 4