HF 686 (LSB 1247YH (2) 91)

HOUSE FILE 686

BY  CROKEN

A BILL FOR

An Act providing for paid medical leave and providing penalties and remedies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 10A.202, subsection 2, Code 2025, is amended to read as follows:
   2.  The department is responsible for the administration of the laws of this state under chapters 88A, 88B, 89, 89A, 90A, 91A, 91C, 91D, 91E, 91F, and 92, and such other labor-services duties assigned to the department or director.
    Sec. 2.  Section 10A.204, subsection 3, Code 2025, is amended to read as follows:
   3.  The director, in consultation with the labor commissioner, shall, at the time provided by law, make an annual report to the governor setting forth in appropriate form the business and expense of the division and department under this subchapter for the preceding year, the number of remedial actions taken under chapter 89A, the number of disputes or violations processed by the division or department and the disposition of the disputes or violations, and other matters pertaining to the division or department under this subchapter which that are of public interest, together with recommendations for change or amendment of the laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, 91F, and 92, and sections 85.67A and 85.68, and the recommendations, if any, shall be transmitted by the governor to the first general assembly in session after the report is filed.
    Sec. 3.  NEW SECTION.  91F.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, regardless of the child’s age or dependency status.
   2.  “Director” means the director of the department of inspections, appeals, and licensing.
   3.  “Employee” means a natural person employed for wages by an employer in this state.
   4.  “Employer” means a person that employs for wages in this state.
   5.  “Health care provider” means a physician or other health care practitioner licensed in this or another state.
   6.  “Health condition” means an illness, injury, impairment, physical condition, or mental condition that requires diagnosis, treatment, or care by a health care provider.
   7.  “Medical leave” means a leave from work taken by an employee made necessary by a health condition of the employee or a child, parent, or spouse of the employee.
   8.  “Parent” means a biological, adoptive, step, or foster father or mother, or any other individual who stands in loco parentis to an employee or who stood in loco parentis when the employee was a child.
    Sec. 4.  NEW SECTION.  91F.2  Paid medical leave.
   1.  An employer shall provide an employee at least ten days of paid medical leave per calendar year.
   2.  Payment for such leave shall be equal to the earnings the employee would otherwise have received but for taking such leave, calculated based on the length of the pay period in which the employee is ordinarily compensated.
   3.  If the employee’s earnings vary from pay period to pay period, the payment shall be based on an average of the employee’s earnings in the three pay periods preceding such leave. If the employee’s earnings are not paid on a periodic basis, the payment shall be based on the average earnings the employee received in the previous three months.
    Sec. 5.  NEW SECTION.  91F.3  Employer rights.
   1.  An employer may require advance notice of leave taken under section 91F.2 when taking such leave is reasonably foreseeable.
   2.  An employer may require an employee to provide written documentation from a health care provider, consistent with applicable state and federal privacy laws, within one week of an employee returning from leave under section 91F.2, that such leave was taken due to a health condition.
    Sec. 6.  NEW SECTION.  91F.4  Enforcement —— rules.
   1.  The director shall enforce this chapter. This chapter shall be enforced pursuant to chapter 91A.
   2.  The director shall adopt rules pursuant to chapter 17A to administer this chapter. Such rules may establish additional procedures, requirements, and definitions necessary to implement this chapter.
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 an employer to provide an employee at least 10 days of paid medical leave per calendar year.
   The bill defines “medical leave” as a leave from work taken by an employee made necessary by a health condition of the employee or a child, parent, or spouse of the employee. The bill defines “health condition” as an illness, injury, impairment, physical condition, or mental condition that requires diagnosis, treatment, or care by a health care provider.
   The bill provides that payment for medical leave shall be equal to the earnings the employee would otherwise have received but for taking such leave, calculated based on the length of the pay period in which the employee is ordinarily compensated. The bill provides for other methods of calculating earnings applicable to certain employees.
   The bill authorizes an employer to require advance notice of medical leave when taking such leave is reasonably foreseeable. The bill authorizes an employer to require an employee to provide written documentation from a health care provider, consistent with applicable state and federal privacy laws, within one week of an employee returning from medical leave, that such leave was taken due to a health condition.
   The bill is enforced by the director of the department of inspections, appeals, and licensing. The bill is enforced pursuant to Code chapter 91A, which provides for civil remedies and penalties.
   The bill requires the director to adopt administrative rules to administer the bill, which may establish additional procedures, requirements, and definitions necessary to implement the bill.