HF 170 (LSB 2358YH (2) 91)

HOUSE FILE 170

BY  WOOD

A BILL FOR

An Act providing for employment leave for employees of railroad corporations to attend a school-sponsored activity and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  91A.5B  Railroad corporation employee leave to attend school-sponsored activities.
   1.  For purposes of this section, unless the context otherwise requires:
   a.  “Academic year” means a year as scheduled for academic purposes at a school at which an employee’s child attends.
   b.  “Occurrence” means a period of up to three consecutive days of leave as requested by an employee.
   c.  “Railroad corporation” means the same as defined in section 321.1.
   2.  A railroad corporation shall provide an employee upon request at least four occurrences of leave per academic year for the purpose of attending a scheduled school-sponsored activity of the employee’s child if the activity cannot be scheduled during nonwork hours. The railroad corporation may require an employee to provide written documentation of the school-sponsored activity before or after granting such leave. Such leave shall not be taken on a federal holiday.
   3.  Before attending a school-sponsored activity, the employee shall provide the railroad corporation with a written request for leave at least fourteen calendar days in advance of the time the employee is requesting to take leave as provided in this section. In emergency situations, no more than twenty-four hours’ notice shall be required.
   4.  A railroad corporation shall have the discretion of providing paid or unpaid leave pursuant to subsection 2. A railroad corporation shall not discharge, discipline, penalize, or otherwise retaliate against an employee solely for taking leave pursuant to subsection 2.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires a railroad corporation to provide an employee upon request at least four occurrences, as defined in the bill, of leave per academic year for the purpose of attending a scheduled school-sponsored activity of the employee’s child if the activity cannot be scheduled during nonwork hours. The railroad corporation may require an employee to provide written documentation of the school-sponsored activity before or after granting such leave. Such leave shall not be taken on a federal holiday.
   The bill requires an employee, before attending a school-sponsored activity, to provide the railroad corporation with a written request for leave at least 14 calendar days in advance of the time the employee is requesting to take leave.
   A railroad corporation shall have the discretion of providing paid or unpaid leave. The bill prohibits a railroad corporation from discharging, disciplining, penalizing, or otherwise retaliating against an employee solely for taking leave.
   Code chapter 91A is administered and enforced by the director of the department of inspections, appeals, and licensing. A violation of Code chapter 91A or the administrative rules promulgated under it is subject to a civil penalty of not more than $500 per pay period for each violation.