Senate File 2355 - Reprinted



                                       SENATE FILE       
                                       BY  COMMITTEE ON STATE
                                           GOVERNMENT

                                       (SUCCESSOR TO SF 2188)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing time off from work to attend presidential
  2    precinct caucuses and making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5790SV 82
  5 ec/nh/8

PAG LIN



  1  1    Section 1.  Section 39A.5, subsection 1, paragraph b, Code
  1  2 Supplement 2007, is amended by adding the following new
  1  3 subparagraph:
  1  4    NEW SUBPARAGRAPH.  (4)  As an employer, denying an employee
  1  5 the privilege conferred by section 43.4A to attend a precinct
  1  6 caucus, or subjecting an employee to a penalty because of the
  1  7 exercise of that privilege.
  1  8    Sec. 2.  NEW SECTION.  43.4A  EMPLOYEES ENTITLED TO TIME TO
  1  9 PARTICIPATE IN PRESIDENTIAL PRECINCT CAUCUSES.
  1 10    1.  Any person entitled to participate in a precinct caucus
  1 11 held as part of the presidential nominating process in this
  1 12 state who is required to be present at work for an employer
  1 13 during the four=hour period starting one hour prior to the
  1 14 time the precinct caucus starts is entitled to take unpaid
  1 15 leave for as much of that four=hour period as is necessary to
  1 16 participate in the precinct caucus except as provided by this
  1 17 section.  Application by any employee for such absence shall
  1 18 be made to the employee's employer individually and in writing
  1 19 at least fourteen days prior to the time the precinct caucus
  1 20 is scheduled to start.  The employee shall not be liable for
  1 21 any loss of wages or salary or any other penalty except for
  1 22 the loss of wages or salary for the hours of unpaid leave
  1 23 actually used.
  1 24    2.  a.  An application for an absence by an employee may be
  1 25 denied by an employer if all the following circumstances
  1 26 exist:
  1 27    (1)  The person is employed in an emergency services
  1 28 position which shall include peace officer, fire fighter,
  1 29 emergency medical personnel, and any other position that
  1 30 seriously affects public health or safety, or is employed by
  1 31 an entity that would experience severe economic or operational
  1 32 disruption due to the person's absence.
  1 33    (2)  The employer filed a written notice with the
  1 34 commissioner at least seven days prior to the date of the
  1 35 precinct caucus specifying exigent circumstances justifying
  2  1 the denial of such leave for personnel described in
  2  2 subparagraph (1) and declaring the minimum number of such
  2  3 personnel, by position, needed to protect public health and
  2  4 safety or maintain minimum operational capacity, as
  2  5 applicable.  A copy of this written notice shall be provided
  2  6 to employees of the employer.
  2  7    (3)  The number of persons employed in a position that did
  2  8 not apply for an absence is less than the minimum number of
  2  9 persons in that position needed by the employer to protect
  2 10 public health and safety or maintain minimum operational
  2 11 capacity, as applicable.
  2 12    b.  If the circumstances in paragraph "a" exist as to a
  2 13 particular position of the employer, then the employer may
  2 14 deny the minimum number of employees applying for an absence
  2 15 in that position needed to yield the minimum staffing level
  2 16 for that position as specified in the written notice to the
  2 17 commissioner.  The selection of which employees applying for
  2 18 an absence shall be denied shall be made without regard to
  2 19 political party affiliation, political belief, or affiliation
  2 20 with or support for any candidate, or for any of the grounds
  2 21 for which employment discrimination is prohibited in this
  2 22 state.
  2 23    3.  An employer may, in lieu of providing unpaid leave to
  2 24 affected employees to attend a presidential precinct caucus,
  2 25 do any of the following:
  2 26    a.  Authorize paid leave to all affected employees.
  2 27    b.  Allow all affected employees the option to work
  2 28 additional compensatory hours, at a time designated by the
  2 29 employer not in conflict with the time needed for caucus
  2 30 participation, equal in number to the number of hours taken to
  2 31 participate in the presidential precinct caucus.  The option
  2 32 of working compensatory hours may be exercised individually by
  2 33 each employee.  Work done during the compensatory hours shall
  2 34 be compensated in the same manner as work during regular
  2 35 hours.
  3  1 SF 2355
  3  2 ec/nh/cc/26