Print
House File 715 - IntroducedA Bill ForAn Act 1relating to employment matters, providing penalties and
2remedies, and including effective date, applicability, and
3transition provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Essential employees — premium pay
3 Section 1. Section 84A.5, subsection 4, Code 2021, is
4amended to read as follows:
54. The division of labor services is responsible for the
6administration of the laws of this state under chapters 88,
788A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 92, 94,
8 and 94A, and sections 73A.21 and 85.68. The executive head of
9the division is the labor commissioner, appointed pursuant to
10section 91.2.
11 Sec. 2. Section 91.4, subsection 2, Code 2021, is amended
12to read as follows:
132. The director of the department of workforce development,
14in consultation with the labor commissioner, shall, at the
15time provided by law, make an annual report to the governor
16setting forth in appropriate form the business and expense of
17the division of labor services for the preceding year, the
18number of remedial actions taken under chapter 89A, the number
19of disputes or violations processed by the division and the
20disposition of the disputes or violations, and other matters
21pertaining to the division which are of public interest,
22together with recommendations for change or amendment of the
23laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B,
2490A, 91A, 91C, 91D, 91E, 92, 94, and 94A, and section 85.68,
25and the recommendations, if any, shall be transmitted by the
26governor to the first general assembly in session after the
27report is filed.
28 Sec. 3. Section 91A.2, subsection 7, Code 2021, is amended
29by adding the following new paragraph:
30 NEW PARAGRAPH. e. Premium pay pursuant to chapter 94.
31 Sec. 4. NEW SECTION. 94.1 Definitions.
32As used in this chapter, unless the context otherwise
33requires:
341. “Commissioner” means the labor commissioner appointed
35pursuant to section 91.2.
-1- 12. “Employer” means a person, as defined in chapter 4, who
2in this state employs for wages a natural person.
33. “Essential employee” means a natural person who is
4employed in this state for wages engaged in one of the
5following occupations:
6a. A health care professional who engages in direct contact
7with patients or patients’ families or who handles potentially
8infectious materials.
9b. An employee of a health care facility.
10c. An emergency medical care provider as defined in section
11147A.1, a fire fighter, a peace officer as defined in section
12801.4, or an employee of the department of human services who
13provides social work or case work to children or who works in
14child protection.
15d. An employee of a public or nonpublic school or an
16employee of a child care facility or child care home as those
17terms are defined in section 237A.1.
18e. An employee of a food, agriculture, distribution, or
19manufacturing facility whose employment involves working or
20living in congregate settings that do not allow for social
21distancing.
22f. An employee of the state who performs inspections of
23health care facilities or of child care facilities or child
24care homes as those terms are defined in section 237A.1.
25g. An employee of a state or local correctional facility.
26h. An employee of a retail establishment who provides
27services to customers.
284. “Health care facility” means and includes all of the
29following:
30a. A facility as defined in section 514J.102.
31b. A facility licensed pursuant to chapter 135B.
32c. A facility licensed pursuant to chapter 135C.
33d. Residential care facilities, nursing facilities,
34intermediate care facilities for persons with mental illness,
35intermediate care facilities for persons with intellectual
-2-1disabilities, hospice programs, elder group homes, and assisted
2living programs.
35. “Health care professional” means physicians and other
4health care practitioners who are licensed, certified, or
5otherwise authorized or permitted by the laws of this state
6to administer health care services in the ordinary course of
7business or in the practice of a profession. “Health care
8professional” includes the employer or agent of a health care
9professional who provides or arranges health care.
106. “Health care services” means services for the diagnosis,
11prevention, treatment, care, cure, or relief of a health
12condition, illness, injury, or disease, regardless of the
13setting in which such services are performed.
147. “Period of infectious disease emergency” means that
15period of time that a disease or virus determined to be
16life-threatening to a person exposed to the disease or virus
17has been declared a pandemic, epidemic, or public health
18emergency by the federal government, governor, or local public
19health authorities.
20 Sec. 5. NEW SECTION. 94.2 Premium pay for essential
21employees — infectious disease emergency.
221. During a period of infectious disease emergency, an
23employer shall pay an essential employee, in addition to any
24other wages or benefits to which the employee is entitled,
25premium pay. Premium pay shall be paid at the same time and in
26the same manner as an essential employee’s regular wages.
272. Upon consideration of the nature and expected duration
28of the period of infectious disease emergency, the various
29duties to be performed by essential employees in responding
30to the period of infectious disease emergency, and any
31other information the commissioner may deem relevant, the
32commissioner shall establish by rule pursuant to chapter 17A
33the rate or amount of premium pay to which an essential worker
34is entitled pursuant to this chapter. The commissioner may
35establish different rates or amounts of premium pay by rule
-3-1for different occupations held by essential employees as the
2commissioner deems appropriate.
33. The commissioner shall establish by rule the rate or
4amount of premium pay applicable to a period of infectious
5disease emergency within one calendar week of the beginning
6of the emergency. The commissioner may update such rates or
7amounts by rule during a period of infectious disease emergency
8as the commissioner deems appropriate.
94. The commissioner may adopt rules on an emergency basis
10as provided in section 17A.4, subsection 3, and section
1117A.5, subsection 2, to administer this section and the rules
12shall be effective immediately upon filing unless a later
13date is specified in the rules. Any emergency rules adopted
14in accordance with this section shall also be published as
15a notice of intended action as provided in section 17A.4,
16subsection 1.
17 Sec. 6. NEW SECTION. 94.3 Rules — enforcement —
18penalties.
191. The commissioner shall adopt rules to administer this
20chapter.
212. This chapter and rules adopted pursuant to this chapter
22shall be enforced pursuant to chapter 91A.
23 Sec. 7. EMERGENCY RULES. The labor commissioner shall adopt
24emergency rules under section 17A.4, subsection 3, and section
2517A.5, subsection 2, paragraph “b”, to implement the provisions
26of this Act and the rules shall be effective immediately upon
27filing unless a later date is specified in the rules. Any
28rules adopted in accordance with this section shall also be
29published as a notice of intended action as provided in section
3017A.4.
31 Sec. 8. APPLICABILITY. This division of this Act applies to
32pay periods beginning on or after the effective date of rules
33adopted by the labor commissioner to implement this division
34of this Act.
35 Sec. 9. EFFECTIVE DATE. This division of this Act, being
-4-1deemed of immediate importance, takes effect upon enactment.
2DIVISION II
3Minimum wage
4 Sec. 10. Section 91D.1, subsection 1, Code 2021, is amended
5to read as follows:
61. a. (1) The state hourly wage shall be at least $6.20 as
7of April 1, 2007, and $7.25 as of January 1, 2008 $8.20 as of
8July 1, 2021, $9.15 as of July 1, 2022, $10.10 as of January 1,
92023, $11.05 as of July 1, 2023, $12.00 as of January 1, 2024,
10$12.95 as of July 1, 2024, $13.90 as of January 1, 2025, and
11$15.00 as of July 1, 2025.
12(2) The state hourly wage, including the state hourly wage
13for the first ninety calendar days of employment provided in
14paragraph “d”, shall be increased annually on July 1, beginning
15July 1, 2026, by the same percentage as the cost-of-living
16increase in federal social security benefits authorized during
17the previous state fiscal year by the federal social security
18administration pursuant to section 215 of the federal Social
19Security Act, 42 U.S.C.§415.
20b. Every employer, as defined in the federal Fair Labor
21Standards Act of 1938, as amended to January 1, 2007 July 1,
222021, shall pay to each of the employer’s employees, as defined
23in the federal Fair Labor Standards Act of 1938, as amended to
24January 1, 2007 July 1, 2021, the state hourly wage stated in
25paragraph “a”, or the current federal minimum wage, pursuant to
2629 U.S.C. §206, as amended, whichever is greater.
27c. For purposes of determining whether an employee of a
28restaurant, hotel, motel, inn, or cabin, who customarily and
29regularly receives more than thirty one hundred dollars a month
30in tips is receiving the minimum hourly wage rate prescribed
31by this section, the amount paid the employee by the employer
32shall be deemed to be increased on account of the tips by an
33amount determined by the employer, not to exceed forty percent
34of the applicable minimum wage. An employee may file a written
35appeal with the labor commissioner if the amount of tips
-5-1received by the employee is less than the amount determined by
2the employer under this subsection.
3d. An employer is not required to pay an employee the
4applicable state hourly wage provided in paragraph “a” until the
5employee has completed ninety calendar days of employment with
6the employer. An employee who has completed ninety calendar
7days of employment with the employer prior to April 1, 2007, or
8January 1, 2008, shall earn the applicable state hourly minimum
9wage as of that the date of completion. An employer shall
10pay an employee who has not completed ninety calendar days of
11employment with the employer an hourly wage of at least $5.30
12as of April 1, 2007, and $6.35 as of January 1, 2008 $7.20 as of
13July 1, 2021, $8.05 as of July 1, 2022, $8.85 as of January 1,
142023, $9.70 as of July 1, 2023, $10.55 as of January 1, 2024,
15$11.40 as of July 1, 2024, $12.25 as of January 1, 2025, and
16$13.20 as of July 1, 2025.
17e. A county or city may establish a minimum wage that
18exceeds the state hourly wage and the federal minimum wage.
19DIVISION III
20PUBLIC EMPLOYEE COLLECTIVE BARGAINING
21 Sec. 11. Section 20.3, subsections 11 and 13, Code 2021, are
22amended by striking the subsections.
23 Sec. 12. Section 20.6, subsection 1, Code 2021, is amended
24to read as follows:
251. Administer Interpret, apply, and administer the
26provisions of this chapter.
27 Sec. 13. Section 20.6, subsections 6 and 7, Code 2021, are
28amended by striking the subsections.
29 Sec. 14. Section 20.7, subsection 2, Code 2021, is amended
30to read as follows:
312. Hire, evaluate, promote, demote, transfer, assign, and
32retain public employees in positions within the public agency.
33 Sec. 15. Section 20.8, subsection 5, Code 2021, is amended
34by striking the subsection.
35 Sec. 16. Section 20.9, Code 2021, is amended by striking the
-6-1section and inserting in lieu thereof the following:
220.9 Scope of negotiations.
31. The public employer and the employee organization
4shall meet at reasonable times, including meetings reasonably
5in advance of the public employer’s budget-making process,
6to negotiate in good faith with respect to wages, hours,
7vacations, insurance, holidays, leaves of absence, shift
8differentials, overtime compensation, supplemental pay,
9seniority, transfer procedures, job classifications, health and
10safety matters, evaluation procedures, procedures for staff
11reduction, in-service training, and other matters mutually
12agreed upon. Negotiations shall also include terms authorizing
13dues checkoff for members of the employee organization and
14grievance procedures for resolving any questions arising under
15the agreement, which shall be embodied in a written agreement
16and signed by the parties. If an agreement provides for dues
17checkoff, a member’s dues may be checked off only upon the
18member’s written request and the member may terminate the dues
19checkoff at any time by giving thirty days’ written notice.
20Such obligation to negotiate in good faith does not compel
21either party to agree to a proposal or make a concession.
222. Nothing in this section shall diminish the authority
23and power of the department of administrative services, board
24of regents’ merit system, Iowa public broadcasting board’s
25merit system, or any civil service commission established by
26constitutional provision, statute, charter, or special act to
27recruit employees, prepare, conduct and grade examinations,
28rate candidates in order of their relative scores for
29certification for appointment or promotion or for other matters
30of classification, reclassification or appeal rights in the
31classified service of the public employer served.
323. All retirement systems shall be excluded from the scope
33of negotiations.
34 Sec. 17. Section 20.10, subsection 3, paragraph j, Code
352021, is amended by striking the paragraph.
-7-1 Sec. 18. Section 20.12, subsection 5, Code 2021, is amended
2to read as follows:
35. If an employee organization or any of its officers
4is held to be in contempt of court for failure to comply
5with an injunction pursuant to this section, or is convicted
6of violating this section, the employee organization shall
7be immediately decertified, shall cease to represent the
8bargaining unit, shall cease to receive any dues by checkoff,
9 and may again be certified only after twenty-four twelve months
10have elapsed from the effective date of decertification and
11only if after a new petition for certification pursuant to
12 compliance with section 20.14 is filed and a new certification
13election pursuant to section 20.15 is held. The penalties
14provided in this section may be suspended or modified by the
15court, but only upon request of the public employer and only
16if the court determines the suspension or modification is in
17the public interest.
18 Sec. 19. Section 20.15, Code 2021, is amended by striking
19the section and inserting in lieu thereof the following:
2020.15 Elections.
211. Upon the filing of a petition for certification of an
22employee organization, the board shall submit a question to
23the public employees at an election in the bargaining unit
24found appropriate by the board. The question on the ballot
25shall permit the public employees to vote for no bargaining
26representation or for any employee organization which has
27petitioned for certification or which has presented proof
28satisfactory to the board of support of ten percent or more of
29the public employees in the appropriate unit.
302. If a majority of the votes cast on the question is
31for no bargaining representation, the public employees in
32the bargaining unit found appropriate by the board shall not
33be represented by an employee organization. If a majority
34of the votes cast on the question is for a listed employee
35organization, then that employee organization shall represent
-8-1the public employees in the bargaining unit found appropriate
2by the board.
33. If none of the choices on the ballot receive the vote
4of a majority of the public employees voting, the board shall
5conduct a runoff election among the two choices receiving the
6greatest number of votes.
74. Upon written objections filed by any party to the
8election within ten days after notice of the results of
9the election, if the board finds that misconduct or other
10circumstances prevented the public employees eligible to
11vote from freely expressing their preferences, the board may
12invalidate the election and hold a second election for the
13public employees.
145. Upon completion of a valid election in which the majority
15choice of the employees voting is determined, the board shall
16certify the results of the election and shall give reasonable
17notice of the order to all employee organizations listed on the
18ballot, the public employers, and the public employees in the
19appropriate bargaining unit.
206. a. A petition for certification as exclusive bargaining
21representative of a bargaining unit shall not be considered
22by the board for a period of one year from the date of the
23noncertification of an employee organization as the exclusive
24bargaining representative of that bargaining unit following a
25certification election. A petition for certification as the
26exclusive bargaining representative of a bargaining unit shall
27also not be considered by the board if the bargaining unit is
28at that time represented by a certified exclusive bargaining
29representative.
30b. A petition for the decertification of the exclusive
31bargaining representative of a bargaining unit shall not be
32considered by the board for a period of one year from the date
33of its certification, or within one year of its continued
34certification following a decertification election, or during
35the duration of a collective bargaining agreement which, for
-9-1purposes of this section, shall be deemed not to exceed two
2years. However, if a petition for decertification is filed
3during the duration of a collective bargaining agreement, the
4board shall award an election under this section not more than
5one hundred eighty days and not less than one hundred fifty
6days prior to the expiration of the collective bargaining
7agreement. If an employee organization is decertified, the
8board may receive petitions under section 20.14, provided that
9no such petition and no election conducted pursuant to such
10petition within one year from decertification shall include as
11a party the decertified employee organization.
12c. A collective bargaining agreement with the state, its
13boards, commissions, departments, and agencies shall be for two
14years. The provisions of a collective bargaining agreement or
15arbitrator’s award affecting state employees shall not provide
16for renegotiations which would require the refinancing of
17salary and fringe benefits for the second year of the term of
18the agreement, except as provided in section 20.17, subsection
196. The effective date of any such agreement shall be July 1 of
20odd-numbered years, provided that if an exclusive bargaining
21representative is certified on a date which will prevent the
22negotiation of a collective bargaining agreement prior to
23July 1 of odd-numbered years for a period of two years, the
24certified collective bargaining representative may negotiate
25a one-year contract with the public employer which shall be
26effective from July 1 of the even-numbered year to July 1
27of the succeeding odd-numbered year when new contracts shall
28become effective.
29 Sec. 20. Section 20.17, subsection 8, Code 2021, is amended
30by striking the subsection and inserting in lieu thereof the
31following:
328. The salaries of all public employees of the state under
33a merit system and all other fringe benefits which are granted
34to all public employees of the state shall be negotiated with
35the governor or the governor’s designee on a statewide basis,
-10-1except those benefits which are not subject to negotiations
2pursuant to the provisions of section 20.9.
3 Sec. 21. Section 20.17, Code 2021, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 8A. A public employee or any employee
6organization shall not negotiate or attempt to negotiate
7directly with a member of the governing board of a public
8employer if the public employer has appointed or authorized
9a bargaining representative for the purpose of bargaining
10with the public employees or their representative, unless the
11member of the governing board is the designated bargaining
12representative of the public employer.
13 Sec. 22. Section 20.22, subsections 2, 3, 7, 9, and 10, Code
142021, are amended to read as follows:
152. Each party shall serve its final offer on each of
16the impasse items upon the other party within four days of
17the board’s receipt of the request for arbitration, or by a
18deadline otherwise agreed upon by the parties. The parties may
19continue to negotiate all offers until an agreement is reached
20or an award is rendered by the arbitrator. The full costs of
21arbitration under this section shall be shared equally by the
22parties to the dispute.
233. The submission of the impasse items to the arbitrator
24shall be limited to those items upon which the parties have
25not reached agreement. With respect to each such item, the
26arbitrator’s award shall be restricted to the final offers on
27each impasse item submitted by the parties to the arbitrator,
28except as provided in subsection 10, paragraph “b”.
297. For an arbitration involving a bargaining unit that
30has at least thirty percent of members who are public safety
31employees, the The arbitrator shall consider and specifically
32address in the arbitrator’s determination, in addition to any
33other relevant factors, the following factors:
34a. Past collective bargaining contracts between the parties
35including the bargaining that led up to such contracts.
-11- 1b. Comparison of wages, hours, and conditions of employment
2of the involved public employees with those of other public
3employees doing comparable work, giving consideration to
4factors peculiar to the area and the classifications involved.
5c. The interests and welfare of the public, the ability of
6the public employer to finance economic adjustments, and the
7effect of such adjustments on the normal standard of services.
8d. The power of the public employer to levy taxes and
9appropriate funds for the conduct of its operations.
109. a. The arbitrator may administer oaths, examine
11witnesses and documents, take testimony and receive evidence,
12and issue subpoenas to compel the attendance of witnesses and
13the production of records. The arbitrator may petition the
14district court at the seat of government or of the county
15in which the hearing is held to enforce the order of the
16arbitrator compelling the attendance of witnesses and the
17production of records.
18b. Except as required for purposes of the consideration of
19the factors specified in subsection 7, paragraphs “a” through
20“c”, and subsection 8, paragraph “a”, subparagraphs (1) through
21(3), the parties shall not introduce, and the arbitrator
22shall not accept or consider, any direct or indirect evidence
23regarding any subject excluded from negotiations pursuant to
24section 20.9.
2510. a. The arbitrator shall select within fifteen
26days after the hearing the most reasonable offer, in the
27arbitrator’s judgment, of the final offers on each impasse item
28submitted by the parties.
29b. (1) However, for an arbitration involving a bargaining
30unit that does not have at least thirty percent of members who
31are public safety employees, with respect to any increase in
32base wages, the arbitrator’s award shall not exceed the lesser
33of the following percentages in any one-year period in the
34duration of the bargaining agreement:
35(a) Three percent.
-12- 1(b) A percentage equal to the increase in the consumer
2price index for all urban consumers for the midwest region,
3if any, as determined by the United States department of
4labor, bureau of labor statistics, or a successor index. Such
5percentage shall be the change in the consumer price index
6for the twelve-month period beginning eighteen months prior
7to the month in which the impasse item regarding base wages
8was submitted to the arbitrator and ending six months prior to
9the month in which the impasse item regarding base wages was
10submitted to the arbitrator.
11(2) To assist the parties in the preparation of their final
12offers on an impasse item regarding base wages, the board
13shall provide information to the parties regarding the change
14in the consumer price index for all urban consumers for the
15midwest region for any twelve-month period. The department of
16workforce development shall assist the board in preparing such
17information upon request.
18 Sec. 23. Section 20.22, subsection 8, Code 2021, is amended
19by striking the subsection.
20 Sec. 24. Section 20.26, subsection 4, Code 2021, is amended
21to read as follows:
224. Nothing in this section shall be construed to prohibit
23voluntary contributions by individuals to political parties
24or candidates, provided that such contributions are not made
25through payroll deductions.
26 Sec. 25. Section 20.29, Code 2021, is amended to read as
27follows:
2820.29 Filing agreement — public access — internet site.
291. Collective bargaining agreements shall be in writing and
30shall be signed by the parties.
312. A copy of a collective bargaining agreement entered into
32between a public employer and a certified employee organization
33and made final under this chapter shall be filed with the board
34by the public employer within ten days of the date on which the
35agreement is entered into.
-13- 13. Copies of collective bargaining agreements entered
2into between the state and the state employees’ bargaining
3representatives and made final under this chapter shall be
4filed with the secretary of state and be made available to the
5public at cost.
64. The board shall maintain an internet site that allows
7searchable access to a database of collective bargaining
8agreements and other collective bargaining information.
9 Sec. 26. Section 20.30, Code 2021, is amended by striking
10the section and inserting in lieu thereof the following:
1120.30 Supervisory member — no reduction before retirement.
121. A supervisory member of any department or agency
13employed by the state of Iowa shall not be granted a voluntary
14reduction to a nonsupervisory rank or grade during the six
15months preceding retirement of the member. A member of any
16department or agency employed by the state of Iowa who retires
17in less than six months after voluntarily requesting and
18receiving a reduction in rank or grade from a supervisory to a
19nonsupervisory position shall be ineligible for a benefit to
20which the member is entitled as a nonsupervisory member but is
21not entitled as a supervisory member.
222. The provisions of this section shall be effective during
23the collective bargaining agreement in effect from July 1,
241979, to June 30, 1981.
25 Sec. 27. Section 20.31, subsection 2, unnumbered paragraph
261, Code 2021, is amended to read as follows:
27A mediator shall not be required to testify in any judicial,
28administrative, arbitration, or grievance proceeding regarding
29any matters occurring in the course of a mediation, including
30any verbal or written communication or behavior, other than
31facts relating exclusively to the timing or scheduling of
32mediation. A mediator shall not be required to produce or
33disclose any documents, including notes, memoranda, or other
34work product, relating to mediation, other than documents
35relating exclusively to the timing or scheduling of mediation.
-14-1This subsection shall not apply in any of the following
2circumstances:
3 Sec. 28. Section 22.7, subsection 69, Code 2021, is amended
4to read as follows:
569. The evidence of public employee support for
6the certification, retention and recertification, or
7decertification of an employee organization as defined in
8section 20.3 that is submitted to the public employment
9relations board as provided in section 20.14 or 20.15.
10 Sec. 29. Section 22.7, subsection 70, Code 2021, is amended
11by striking the subsection.
12 Sec. 30. Section 70A.17A, Code 2021, is amended by adding
13the following new subsection:
14 NEW SUBSECTION. 3. This section shall not affect a payroll
15deduction elected by a state employee pursuant to section
1670A.19.
17 Sec. 31. Section 70A.19, Code 2021, is amended by striking
18the section and inserting in lieu thereof the following:
1970A.19 Duration of state payroll deduction for dues of
20employee organization member.
21A state employee who elects a payroll deduction for
22membership dues to an employee organization pursuant to the
23provisions of a collective bargaining agreement negotiated
24under the provisions of chapter 20 shall maintain the deduction
25for a period of one year or until the expiration of the
26collective bargaining agreement, whichever occurs first. A
27state employee who transfers employment to a position covered
28by a different collective bargaining agreement or who becomes
29a management employee is not subject to this requirement.
30With respect to state employees, this section supersedes the
31provisions of section 20.9 allowing termination of a dues
32checkoff at any time but does not supersede the requirement for
33thirty days’ written notice of termination.
34 Sec. 32. Section 412.2, subsection 1, Code 2021, is amended
35to read as follows:
-15- 11. From the proceeds of the assessments on the wages
2and salaries of employees, of any such waterworks system,
3or other municipally owned and operated public utility,
4eligible to receive the benefits thereof. Notwithstanding
5any provisions of section 20.9 to the contrary, a council,
6board of waterworks, or other board or commission which
7establishes a pension and annuity retirement system pursuant to
8this chapter, shall negotiate in good faith with a certified
9employee organization as defined in section 20.3, which is the
10collective bargaining representative of the employees, with
11respect to the amount or rate of the assessment on the wages
12and salaries of employees and the method or methods for payment
13of the assessment by the employees.
14 Sec. 33. Section 602.1401, subsection 3, paragraph b, Code
152021, is amended to read as follows:
16b. For purposes of chapter 20, the certified representative,
17which on July 1, 1983, represents employees who become judicial
18branch employees as a result of 1983 Iowa Acts, ch.186, shall
19remain the certified representative when the employees become
20judicial branch employees and thereafter, unless the public
21employee organization is not retained and recertified or is
22 decertified in an election held under section 20.15 or amended
23or absorbed into another certified organization pursuant to
24chapter 20. Collective bargaining negotiations shall be
25conducted on a statewide basis and the certified employee
26organizations which engage in bargaining shall negotiate on a
27statewide basis, although bargaining units shall be organized
28by judicial district. The public employment relations board
29shall adopt rules pursuant to chapter 17A to implement this
30subsection.
31 Sec. 34. REPEAL. Sections 20.32 and 20.33, Code 2021, are
32repealed.
33 Sec. 35. TRANSITION PROCEDURES — DEADLINE — EMERGENCY
34RULES.
351. As of the effective date of this division of this Act,
-16-1parties, mediators, and arbitrators engaging in any collective
2bargaining procedures provided for in chapter 20, Code 2021,
3who have not, before the effective date of this division
4of this Act, completed such procedures, shall immediately
5terminate any such procedures in process. A collective
6bargaining agreement negotiated pursuant to such procedures in
7process shall not become effective. Parties, mediators, and
8arbitrators shall not engage in further collective bargaining
9procedures except as provided in this section. Such parties
10shall commence collective bargaining in accordance with section
1120.17, as amended in this division of this Act. Such parties
12shall complete such bargaining not later than June 30, 2021,
13unless the parties mutually agree to a different deadline.
142. The public employment relations board shall adopt
15emergency rules under section 17A.4, subsection 3, and section
1617A.5, subsection 2, paragraph “b”, to provide for procedures
17as deemed necessary to implement the provisions of this section
18and the rules shall be effective immediately upon filing
19unless a later date is specified in the rules. Such rules
20shall include but are not limited to alternative deadlines for
21completion of the procedures provided in sections 20.17 and
2220.22, as amended by this division of this Act, and sections
2320.19 and 20.20, which deadlines may be waived by mutual
24agreement of the parties.
253. The department of administrative services shall adopt
26emergency rules under section 17A.4, subsection 3, and
27section 17A.5, subsection 2, paragraph “b”, to provide for the
28implementation of section 70A.19, as amended by this division
29of this Act, and the rules shall be effective immediately upon
30filing unless a later date is specified in the rules.
31 Sec. 36. ELECTIONS — DIRECTIVES TO PUBLIC EMPLOYMENT
32RELATIONS BOARD.
331. The public employment relations board shall cancel any
34elections scheduled or in process pursuant to section 20.15,
35subsection 2, Code 2021, as of the effective date of this Act.
-17- 12. Notwithstanding section 20.15, subsection 1, paragraph
2“c”, Code 2021, the public employment relations board
3shall consider a petition for certification of an employee
4organization as the exclusive representative of a bargaining
5unit for which an employee organization was not retained and
6recertified as the exclusive representative of that bargaining
7unit regardless of the amount of time that has elapsed since
8the retention and recertification election at which an employee
9organization was not retained or recertified.
10 Sec. 37. EFFECTIVE DATE. This division of this Act, being
11deemed of immediate importance, takes effect upon enactment.
12 Sec. 38. APPLICABILITY. With the exception of the
13section of this division of this Act amending section 20.6,
14subsection 1, this division of this Act does not apply to
15collective bargaining agreements which have been ratified in a
16ratification election referred to in section 20.17, subsection
174, for which an arbitrator has made a final determination as
18described in section 20.22, subsection 11, or which have become
19effective, where such events occurred before the effective
20date of this division of this Act. This division of this Act
21applies to all collective bargaining procedures provided for in
22chapter 20 occurring on and after the effective date of this
23division of this Act and collective bargaining agreements for
24which a ratification election referred to in section 20.17,
25subsection 4, is held, for which an arbitrator makes a final
26determination as described in section 20.22, subsection 11, or
27which become effective on or after the effective date of this
28division of this Act.
29DIVISION IV
30EDUCATOR EMPLOYMENT MATTERS
31 Sec. 39. Section 279.13, subsections 2 and 5, Code 2021, are
32amended to read as follows:
332. The contract shall remain in force and effect for the
34period stated in the contract and shall be automatically
35continued for equivalent periods except as modified or
-18-1terminated by mutual agreement of the board of directors and
2the teacher or as modified or terminated in accordance with
3the provisions specified in this chapter. A contract shall
4not be offered by the employing board to a teacher under its
5jurisdiction prior to March 15 of any year. A teacher who has
6not accepted a contract for the ensuing school year tendered
7by the employing board may resign effective at the end of the
8current school year by filing a written resignation with the
9secretary of the board. The resignation must be filed not
10later than the last day of the current school year or the date
11specified by the employing board for return of the contract,
12whichever date occurs first. However, a teacher shall not be
13required to return a contract to the board or to resign less
14than twenty-one days after the contract has been offered.
155. Notwithstanding the other provisions of this section, a
16temporary contract may be issued to a teacher for a period of
17up to six months. Notwithstanding the other provisions of this
18section, a temporary contract may also be issued to a teacher
19 to fill a vacancy created by a leave of absence in accordance
20with the provisions of section 29A.28, which contract shall
21automatically terminate upon return from military leave of the
22former incumbent of the teaching position. Temporary contracts
23 and which contract shall not be subject to the provisions of
24sections 279.15 through 279.19, or section 279.27. A separate
25extracurricular contract issued pursuant to section 279.19A to
26a person issued a temporary contract under this section shall
27automatically terminate with the termination of the temporary
28contract as required under section 279.19A, subsection 8.
29 Sec. 40. Section 279.13, subsection 4, unnumbered paragraph
301, Code 2021, is amended to read as follows:
31For purposes of this section, sections 279.14, 279.15,
32279.16 through 279.17, 279.19, and 279.27, unless the context
33otherwise requires, “teacher” includes the following individuals
34employed by a community college:
35 Sec. 41. Section 279.14, Code 2021, is amended to read as
-19-1follows:
2279.14 Evaluation criteria and procedures.
31. The board shall establish evaluation criteria and shall
4implement evaluation procedures. If an exclusive bargaining
5representative has been certified, the board shall negotiate
6in good faith with respect to evaluation procedures pursuant
7to chapter 20.
82. The determination of standards of performance expected
9of school district personnel shall be reserved as an exclusive
10management right of the school board and shall not be subject
11to mandatory negotiations under chapter 20. Objections
12 Notwithstanding chapter 20, objections to the procedures,
13use, or content of an evaluation in a teacher termination
14proceeding brought before the school board in a hearing held in
15accordance with section 279.16 or 279.27 shall not be subject
16to any the grievance procedures negotiated in accordance with
17chapter 20. A school district shall not be obligated to
18process any evaluation grievance after service of a notice and
19recommendation to terminate an individual’s continuing teaching
20contract in accordance with this chapter.
21 Sec. 42. Section 279.15, subsection 2, paragraph c, Code
222021, is amended to read as follows:
23c. Within five days of the receipt of the written notice
24that the superintendent is recommending termination of the
25contract, the teacher may request, in writing to the secretary
26of the board, a private hearing with the board. The private
27hearing shall not be subject to chapter 21 and shall be held
28no sooner than twenty ten days and no later than forty twenty
29 days following the receipt of the request unless the parties
30otherwise agree. The secretary of the board shall notify the
31teacher in writing of the date, time, and location of the
32private hearing, and at least ten five days before the hearing
33shall also furnish to the teacher any documentation which
34may be presented to the board at the private hearing and a
35list of persons who may address the board in support of the
-20-1superintendent’s recommendation at the private hearing. At
2least seven three days before the hearing, the teacher shall
3provide any documentation the teacher expects to present at
4the private hearing, along with the names of any persons who
5may address the board on behalf of the teacher. This exchange
6of information shall be at the time specified unless otherwise
7agreed.
8 Sec. 43. Section 279.16, Code 2021, is amended by striking
9the section and inserting in lieu thereof the following:
10279.16 Private hearing — decision — record.
111. The participants at the private hearing shall be
12at least a majority of the members of the board, their
13legal representatives, if any, the superintendent, the
14superintendent’s designated representatives, if any, the
15teacher’s immediate supervisor, the teacher, the teacher’s
16representatives, if any, and the witnesses for the parties.
17The evidence at the private hearing shall be limited to the
18specific reasons stated in the superintendent’s notice of
19recommendation of termination. No participant in the hearing
20shall be liable for any damages to any person if any statement
21at the hearing is determined to be erroneous as long as the
22statement was made in good faith. The superintendent shall
23present evidence and argument on all issues involved and
24the teacher may cross-examine, respond and present evidence
25and argument in the teacher’s behalf relevant to all issues
26involved. Evidence may be by stipulation of the parties and
27informal settlement may be made by stipulation, consent, or
28default or by any other method agreed upon by the parties in
29writing. The board shall employ a certified shorthand reporter
30to keep a record of the private hearing. The proceedings
31or any part thereof shall be transcribed at the request of
32either party with the expense of transcription charged to the
33requesting party.
342. The presiding officer of the board may administer oaths
35in the same manner and with like effect and under the same
-21-1penalties as in the case of magistrates exercising criminal
2or civil jurisdiction. The board shall cause subpoenas to be
3issued for such witnesses and the production of such books
4and papers as either the board or the teacher may designate.
5The subpoenas shall be signed by the presiding officer of the
6board.
73. In case a witness is duly subpoenaed and refuses to
8attend, or in case a witness appears and refuses to testify
9or to produce required books or papers, the board shall,
10in writing, report such refusal to the district court of
11the county in which the administrative office of the school
12district is located, and the court shall proceed with the
13person or witness as though the refusal had occurred in a
14proceeding legally pending before the court.
154. The board shall not be bound by common law or statutory
16rules of evidence or by technical or formal rules of procedure,
17but it shall hold the hearing in such manner as is best suited
18to ascertain and conserve the substantial rights of the
19parties. Process and procedure under sections 279.13 through
20279.19 shall be as summary as reasonably may be.
215. At the conclusion of the private hearing, the
22superintendent and the teacher may file written briefs and
23arguments with the board within three days or such other time
24as may be agreed upon.
256. If the teacher fails to timely request a private hearing
26or does not appear at the private hearing, the board may
27proceed and make a determination upon the superintendent’s
28recommendation. If the teacher fails to timely file a request
29for a private hearing, the determination shall be not later
30than May 31. If the teacher fails to appear at the private
31hearing, the determination shall be not later than five days
32after the scheduled date for the private hearing. The board
33shall convene in open session and by roll call vote determine
34the termination or continuance of the teacher’s contract
35and, if the board votes to continue the teacher’s contract,
-22-1whether to suspend the teacher with or without pay for a period
2specified by the board.
37. Within five days after the private hearing, the board
4shall, in executive session, meet to make a final decision
5upon the recommendation and the evidence as herein provided.
6The board shall also consider any written brief and arguments
7submitted by the superintendent and the teacher.
88. The record for a private hearing shall include:
9a. All pleadings, motions and intermediate rulings.
10b. All evidence received or considered and all other
11submissions.
12c. A statement of all matters officially noticed.
13d. All questions and offers of proof, objections and rulings
14thereon.
15e. All findings and exceptions.
16f. Any decision, opinion, or conclusion by the board.
17g. Findings of fact shall be based solely on the evidence in
18the record and on matters officially noticed in the record.
199. The decision of the board shall be in writing and shall
20include findings of fact and conclusions of law, separately
21stated. Findings of fact, if set forth in statutory language,
22shall be accompanied by a concise and explicit statement of
23the underlying facts supporting the findings. Each conclusion
24of law shall be supported by cited authority or by reasoned
25opinion.
2610. When the board has reached a decision, opinion, or
27conclusion, it shall convene in open meeting and by roll
28call vote determine the continuance or discontinuance of the
29teacher’s contract and, if the board votes to continue the
30teacher’s contract, whether to suspend the teacher with or
31without pay for a period specified by the board. The record
32of the private conference and findings of fact and exceptions
33shall be exempt from the provisions of chapter 22. The
34secretary of the board shall immediately mail notice of the
35board’s action to the teacher.
-23-1 Sec. 44. NEW SECTION. 279.17 Appeal by teacher to
2adjudicator.
31. If the teacher is no longer a probationary teacher, the
4teacher may, within ten days, appeal the determination of the
5board to an adjudicator by filing a notice of appeal with the
6secretary of the board. The notice of appeal shall contain a
7concise statement of the action which is the subject of the
8appeal, the particular board action appealed from, the grounds
9on which relief is sought and the relief sought.
102. Within five days following receipt by the secretary
11of the notice of appeal, the board or the board’s legal
12representative, if any, and the teacher or the teacher’s
13representative, if any, may select an adjudicator who resides
14within the boundaries of the merged area in which the school
15district is located. If an adjudicator cannot be mutually
16agreed upon within the five-day period, the secretary shall
17notify the chairperson of the public employment relations board
18by transmitting the notice of appeal, and the chairperson of
19the public employment relations board shall within five days
20provide a list of five adjudicators to the parties. Within
21three days from receipt of the list of adjudicators, the
22parties shall select an adjudicator by alternately removing a
23name from the list until only one name remains. The person
24whose name remains shall be the adjudicator. The parties shall
25determine by lot which party shall remove the first name from
26the list submitted by the chairperson of the public employment
27relations board. The secretary of the board shall inform the
28chairperson of the public employment relations board of the
29name of the adjudicator selected.
303. If the teacher does not timely request an appeal to an
31adjudicator, the decision, opinion, or conclusion of the board
32shall become final and binding.
334. a. Within thirty days after filing the notice of appeal,
34or within further time allowed by the adjudicator, the board
35shall transmit to the adjudicator the original or a certified
-24-1copy of the entire record of the private hearing which may be
2the subject of the petition. By stipulation of the parties
3to review the proceedings, the record of the case may be
4shortened. The adjudicator may require or permit subsequent
5corrections or additions to the shortened record.
6b. The record certified and filed by the board shall be the
7record upon which the appeal shall be heard and no additional
8evidence shall be heard by the adjudicator. In such appeal to
9the adjudicator, especially when considering the credibility
10of witnesses, the adjudicator shall give weight to the fact
11findings of the board but shall not be bound by them.
125. Before the date set for hearing a petition for review
13of board action, which shall be within ten days after
14receipt of the record unless otherwise agreed or unless the
15adjudicator orders additional evidence be taken before the
16board, application may be made to the adjudicator for leave to
17present evidence in addition to that found in the record of the
18case. If it is shown to the adjudicator that the additional
19evidence is material and that there were good reasons for
20failure to present it in the private hearing before the board,
21the adjudicator may order that the additional evidence be taken
22before the board upon conditions determined by the adjudicator.
23The board may modify its findings and decision in the case by
24reason of the additional evidence and shall file that evidence
25and any modifications, new findings, or decisions, with the
26adjudicator and mail copies of the new findings or decisions
27to the teacher.
286. The adjudicator may affirm board action or remand to the
29board for further proceedings. The adjudicator shall reverse,
30modify, or grant any appropriate relief from the board action
31if substantial rights of the teacher have been prejudiced
32because the board action is any of the following:
33a. In violation of a board rule or policy or contract.
34b. Unsupported by a preponderance of the competent evidence
35in the record made before the board when that record is viewed
-25-1as a whole.
2c. Unreasonable, arbitrary or capricious or characterized
3by an abuse of discretion or a clearly unwarranted exercise of
4discretion.
57. The adjudicator shall, within fifteen days after the
6hearing, make a decision and shall give a copy of the decision
7to the teacher and the secretary of the board. The decision
8of the adjudicator shall become the final and binding decision
9of the board unless either party within ten days notifies the
10secretary of the board that the decision is rejected. The
11board may reject the decision by majority roll call vote, in
12open meeting, entered into the minutes of the meeting. The
13board shall immediately notify the teacher of its decision
14by certified mail. The teacher may reject the adjudicator’s
15decision by notifying the board’s secretary in writing within
16ten days of the filing of such decision.
178. All costs of the adjudicator shall be shared equally by
18the teacher and the board.
19 Sec. 45. Section 279.18, Code 2021, is amended by striking
20the section and inserting in lieu thereof the following:
21279.18 Appeal by either party to court.
221. If either party rejects the adjudicator’s decision,
23the rejecting party shall, within thirty days of the initial
24filing of such decision, appeal to the district court of
25the county in which the administrative office of the school
26district is located. The notice of appeal shall be immediately
27mailed by certified mail to the other party. The adjudicator
28shall transmit to the reviewing court the original or a
29certified copy of the entire record which may be the subject
30of the petition. By stipulation of all parties to the review
31proceedings, the record of such a case may be shortened. A
32party unreasonably refusing to stipulate to limit the record
33may be taxed by the court for the additional cost. The court
34may require or permit subsequent corrections or additions to
35the shortened record.
-26- 12. In proceedings for judicial review of the adjudicator’s
2decision, the court shall not hear any further evidence
3but shall hear the case upon the certified record. In such
4judicial review, especially when considering the credibility of
5witnesses, the court shall give weight to the fact findings of
6the board but shall not be bound by them. The court may affirm
7the adjudicator’s decision or remand to the adjudicator or the
8board for further proceedings upon conditions determined by the
9court. The court shall reverse, modify, or grant any other
10appropriate relief from the board decision or the adjudicator’s
11decision equitable or legal and including declaratory relief
12if substantial rights of the petitioner have been prejudiced
13because the action is any of the following:
14a. In violation of constitutional or statutory provisions.
15b. In excess of the statutory authority of the board or the
16adjudicator.
17c. In violation of a board rule or policy or contract.
18d. Made upon unlawful procedure.
19e. Affected by other error of law.
20f. Unsupported by a preponderance of the competent evidence
21in the record made before the board and the adjudicator when
22that record is viewed as a whole.
23g. Unreasonable, arbitrary or capricious or characterized
24by an abuse of discretion or a clearly unwarranted exercise of
25discretion.
263. An aggrieved or adversely affected party to the judicial
27review proceeding may obtain a review of any final judgment of
28the district court by appeal to the supreme court. The appeal
29shall be taken as in other civil cases, although the appeal may
30be taken regardless of the amount involved.
314. For purposes of this section, unless the context
32otherwise requires, “rejecting party” shall include but not be
33limited to an instructor employed by a community college.
34 Sec. 46. Section 279.19, Code 2021, is amended by striking
35the section and inserting in lieu thereof the following:
-27- 1279.19 Probationary period.
21. The first three consecutive years of employment of
3a teacher in the same school district are a probationary
4period. However, if the teacher has successfully completed a
5probationary period of employment for another school district
6located in Iowa, the probationary period in the current
7district of employment shall not exceed one year. A board of
8directors may waive the probationary period for any teacher who
9previously has served a probationary period in another school
10district and the board may extend the probationary period for
11an additional year with the consent of the teacher.
122. a. In the case of the termination of a probationary
13teacher’s contract, the provisions of sections 279.15 and
14279.16 shall apply. However, if the probationary teacher is a
15beginning teacher who fails to demonstrate competence in the
16Iowa teaching standards in accordance with chapter 284, the
17provisions of sections 279.17 and 279.18 shall also apply.
18b. The board’s decision shall be final and binding unless
19the termination was based upon an alleged violation of a
20constitutionally guaranteed right of the teacher or an alleged
21violation of public employee rights of the teacher under
22section 20.10.
233. Notwithstanding any provision to the contrary, the
24grievance procedures of section 20.18 relating to job
25performance or job retention shall not apply to a teacher
26during the first two years of the teacher’s probationary
27period. However, this subsection shall not apply to a teacher
28who has successfully completed a probationary period in a
29school district in Iowa.
30 Sec. 47. Section 279.19A, subsections 1, 2, 7, and 8, Code
312021, are amended to read as follows:
321. School districts employing individuals to coach
33interscholastic athletic sports shall issue a separate
34extracurricular contract for each of these sports. An
35extracurricular contract offered under this section shall be
-28-1separate from the contract issued under section 279.13. Wages
2for employees who coach these sports shall be paid pursuant
3to established or negotiated supplemental pay schedules.
4 An extracurricular contract shall be in writing, and shall
5state the number of contract days for that sport, the annual
6compensation to be paid, and any other matters as may be
7mutually agreed upon. The contract shall be for a single
8school year.
92. a. An extracurricular contract shall be continued
10automatically in force and effect for equivalent periods,
11except as modified or terminated by mutual agreement of
12the board of directors and the employee, or terminated in
13accordance with this section. An extracurricular contract
14shall initially be offered by the employing board to an
15individual on the same date that contracts are offered to
16teachers under section 279.13. An extracurricular contract
17may be terminated at the end of a school year pursuant to
18sections 279.15 through 279.19.If the school district offers
19an extracurricular contract for a sport for the subsequent
20school year to an employee who is currently performing
21under an extracurricular contract for that sport, and the
22employee does not wish to accept the extracurricular contract
23for the subsequent year, the employee may resign from the
24extracurricular contract within twenty-one days after it has
25been received.
26b. If the provisions of an extracurricular contract executed
27under this section conflict with a collective bargaining
28agreement negotiated under chapter 20 and effective when the
29extracurricular contract is executed or renewed, the provisions
30of the collective bargaining agreement shall prevail Section
31279.13, subsection 3, applies to this section.
327. An extracurricular contract may be terminated prior to
33the expiration of that contract for any lawful reason following
34an informal, private hearing before the board of directors
35 pursuant to section 279.27. The decision of the board to
-29-1terminate an extracurricular contract shall be final.
28. a. A termination proceeding regarding an extracurricular
3contract shall either by the board pursuant to subsection 2 or
4pursuant to section 279.27 does not affect a contract issued
5pursuant to section 279.13.
6b. A termination of a contract entered into pursuant to
7section 279.13, or a resignation from that contract by the
8teacher, constitutes an automatic termination or resignation of
9the extracurricular contract in effect between the same teacher
10and the employing school board.
11 Sec. 48. Section 279.23, subsection 1, paragraph c, Code
122021, is amended to read as follows:
13c. The rate of compensation per week of five consecutive
14days or month of four consecutive weeks.
15 Sec. 49. Section 279.23, subsection 5, Code 2021, is amended
16to read as follows:
175. Notwithstanding the other provisions of this section,
18a temporary contract may be issued to an administrator for
19up to nine months. Notwithstanding the other provisions of
20this section, a temporary contract may also be issued to
21an administrator to fill a vacancy created by a leave of
22absence in accordance with the provisions of section 29A.28,
23which contract shall automatically terminate upon return from
24military leave of the former incumbent of the administrator
25position. Temporary contracts and which contract shall not be
26subject to the provisions of sections 279.24 and 279.25.
27 Sec. 50. Section 279.24, subsections 2 and 4, Code 2021, are
28amended to read as follows:
292. If the board of directors is considering termination of
30an administrator’s contract, prior to any formal action, the
31board may arrange to meet in closed session, in accordance with
32the provisions of section 21.5, with the administrator and the
33administrator’s representative. The board shall review the
34administrator’s evaluation, review the reasons for nonrenewal,
35and give the administrator an opportunity to respond. If,
-30-1following the closed session, the board of directors and the
2administrator are unable to mutually agree to a modification
3or termination of the administrator’s contract, or the board
4of directors may issue and the administrator are unable to
5mutually agree to enter into a one-year, nonrenewable contract,
6 to the administrator. If the board of directors decides to
7terminate the administrator’s contract, the board shall follow
8the procedures in this section.
94. Administrators employed in a school district for
10less than three two consecutive years are probationary
11administrators. However, a school board may waive the
12probationary period for any administrator who has previously
13served a probationary period in another school district and
14the school board may extend the probationary period for an
15additional year with the consent of the administrator. If a
16school board determines that it should terminate a probationary
17administrator’s contract, the school board shall notify the
18administrator not later than May 15 that the contract will not
19be renewed beyond the current year. The notice shall be in
20writing by letter, personally delivered, or mailed by certified
21mail. The notification shall be complete when received by the
22administrator. Within ten days after receiving the notice, the
23administrator may request a private conference with the school
24board to discuss the reasons for termination. The school
25board’s decision to terminate a probationary administrator’s
26contract shall be final unless the termination was based upon
27an alleged violation of a constitutionally guaranteed right of
28the administrator.
29 Sec. 51. Section 279.24, subsection 5, paragraphs c, d, e,
30f, g, and h, Code 2021, are amended to read as follows:
31c. Within five days after receipt of the written notice
32that the school board has voted to consider termination of
33the contract, the administrator may request a private hearing
34 in writing to the secretary of the school board. The board
35shall then forward that the notification be forwarded to the
-31-1board of educational examiners along with a request that the
2board of educational examiners submit a list of five qualified
3administrative law judges to the parties. Within three
4days from receipt of the list the parties shall select an
5administrative law judge by alternately removing a name from
6the list until only one name remains. The person whose name
7remains shall be the administrative law judge. The parties
8shall determine by lot which party shall remove the first
9name from the list. The private hearing shall be held no
10sooner than twenty ten days and not later than forty thirty
11 days following the administrator’s request unless the parties
12otherwise agree. If the administrator does not request a
13private hearing, the school board, not later than May 31, may
14determine the continuance or discontinuance of the contract
15and, if the board determines to continue the administrator’s
16contract, whether to suspend the administrator with or without
17pay for a period specified by the board. School board action
18shall be by majority roll call vote entered on the minutes of
19the meeting. Notice of school board action shall be personally
20delivered or mailed to the administrator.
21d. The administrative law judge selected shall notify
22the secretary of the school board and the administrator in
23writing concerning the date, time, and location of the private
24 hearing. The school board may be represented by a legal
25representative, if any, and the administrator shall appear and
26may be represented by counsel or by representative, if any.
27Any witnesses for the parties at the private hearing shall be
28sequestered. A transcript or recording shall be made of the
29proceedings at the private hearing. A school board member or
30administrator is not liable for any damage to an administrator
31or school board member if a statement made at the private
32 hearing is determined to be erroneous as long as the statement
33was made in good faith.
34e. The administrative law judge shall, within ten days
35following the date of the private hearing, make a proposed
-32-1decision as to whether or not the administrator should be
2dismissed, and shall give a copy of the proposed decision to
3the administrator and the school board. Findings of fact shall
4be prepared by the administrative law judge. The proposed
5decision of the administrative law judge shall become the final
6decision of the school board unless within thirty ten days
7after the filing of the decision the administrator files a
8written notice of appeal with the school board, or the school
9board on its own motion determines to review the decision.
10f. If the administrator appeals to the school board, or if
11the school board determines on its own motion to review the
12proposed decision of the administrative law judge, a private
13hearing shall be held before the school board within ten five
14 days after the petition for review, or motion for review, has
15been made or at such other time as the parties agree. The
16private hearing is not subject to chapter 21. The school board
17may hear the case de novo upon the record as submitted before
18the administrative law judge. In cases where there is an
19appeal from a proposed decision or where a proposed decision
20is reviewed on motion of the school board, an opportunity
21shall be afforded to each party to file exceptions, present
22briefs, and present oral arguments to the school board which
23is to render the final decision. The secretary of the school
24board shall give the administrator written notice of the time,
25place, and date of the private hearing. The school board shall
26meet within five days after the private hearing to determine
27the question of continuance or discontinuance of the contract
28and, if the board determines to continue the administrator’s
29contract, whether to suspend the administrator with or
30without pay for a period specified by the board or issue the
31administrator a one-year, nonrenewable contract. The school
32board shall make findings of fact which shall be based solely
33on the evidence in the record and on matters officially noticed
34in the record.
35g. The decision of the school board shall be in writing
-33- 1and shall include finding of fact and conclusions of law,
2separately stated. Findings of fact, if set forth in statutory
3language, shall be accompanied by a concise and explicit
4statement of the underlying facts supporting the findings.
5Each conclusion of law shall be supported by cited authority
6or by reasoned opinion.
7h. When the school board has reached a decision, opinion,
8or conclusion, it shall convene in open meeting and by roll
9call vote determine the continuance or discontinuance of
10the administrator’s contract and, if the board votes to
11continue the administrator’s contract, whether to suspend the
12administrator with or without pay for a period specified by
13the board or issue the administrator a one-year, nonrenewable
14contract. The record of the private hearing conference and
15written decision of the board findings of fact and exceptions
16 shall be exempt from the provisions of chapter 22. The
17secretary of the school board shall immediately personally
18deliver or mail notice of the school board’s action to the
19administrator.
20 Sec. 52. Section 279.27, Code 2021, is amended to read as
21follows:
22279.27 Discharge of teacher.
231. A teacher may be discharged at any time during the
24contract year for just cause. The superintendent or the
25superintendent’s designee, shall notify the teacher immediately
26that the superintendent will recommend in writing to the board
27at a regular or special meeting of the board held not more
28than fifteen days after notification has been given to the
29teacher that the teacher’s continuing contract be terminated
30effective immediately following a decision of the board.
31The procedure for dismissal shall be as provided in section
32279.15, subsection 2, and sections 279.16 through 279.19. The
33superintendent may suspend a teacher under this section pending
34hearing and determination by the board.
352. For purposes of this section, “just cause” includes
-34-1but is not limited to a violation of the code of professional
2conduct and ethics of the board of educational examiners if
3the board has taken disciplinary action against a teacher,
4during the six months following issuance by the board of a
5final written decision and finding of fact after a disciplinary
6proceeding.
7 Sec. 53. Section 284.3, subsection 2, Code 2021, is amended
8to read as follows:
92. A school board shall provide for the following:
10a. For purposes of comprehensive evaluations, standards
11and criteria which measure a beginning teacher’s performance
12against the Iowa teaching standards specified in subsection 1,
13and the criteria for the Iowa teaching standards developed by
14the department in accordance with section 256.9, to determine
15whether the teacher’s practice meets the requirements specified
16for a career teacher. These standards and criteria shall be
17set forth in an instrument provided by the department. The
18comprehensive evaluation and instrument are not subject to
19negotiations or grievance procedures pursuant to chapter 20 or
20determinations made by the board of directors under section
21279.14. A local school board and its certified bargaining
22representative may negotiate, pursuant to chapter 20,
23evaluation and grievance procedures for beginning teachers that
24are not in conflict with this chapter. If, in accordance with
25section 279.19, a beginning teacher appeals the determination
26of a school board to an adjudicator under section 279.17, the
27adjudicator selected shall have successfully completed training
28related to the Iowa teacher standards, the criteria adopted
29by the state board in accordance with subsection 3, and any
30additional training required under rules adopted by the public
31employment relations board in cooperation with the state board.
32b. For purposes of performance reviews for teachers other
33than beginning teachers, evaluations that contain, at a
34minimum, the Iowa teaching standards specified in subsection
351, as well as the criteria for the Iowa teaching standards
-35-1developed by the department in accordance with section
2256.9, subsection 42. A local school board and its certified
3bargaining representative may negotiate, pursuant to chapter
420, additional teaching standards and criteria. A local
5school board and its certified bargaining representative shall
6negotiate, pursuant to chapter 20, evaluation and grievance
7procedures for teachers other than beginning teachers that are
8not in conflict with this chapter.
9 Sec. 54. Section 284.4, subsection 1, paragraph b,
10subparagraphs (2) and (5), Code 2021, are amended to read as
11follows:
12(2) Monitor the evaluation requirements of this chapter
13to ensure evaluations are conducted in a fair and consistent
14manner throughout the school district or agency. The committee
15shall In addition to any negotiated evaluation procedures,
16 develop model evidence for the Iowa teaching standards and
17criteria. The model evidence will minimize paperwork and focus
18on teacher improvement. The model evidence will determine
19which standards and criteria can be met with observation and
20which evidence meets multiple standards and criteria.
21(5) Determine Ensure the agreement negotiated pursuant to
22chapter 20 determines the compensation for teachers on the
23committee for work responsibilities required beyond the normal
24work day.
25 Sec. 55. Section 284.8, subsections 2 and 3, Code 2021, are
26amended to read as follows:
272. If a supervisor or an evaluator determines, at any time,
28as a result of a teacher’s performance that the teacher is not
29meeting district expectations under the Iowa teaching standards
30specified in section 284.3, subsection 1, paragraphs “a”
31through “h”, and the criteria for the Iowa teaching standards
32developed by the department in accordance with section 256.9,
33subsection 42, and any other standards or criteria established
34in the collective bargaining agreement, the evaluator shall,
35at the direction of the teacher’s supervisor, recommend to
-36-1the district that the teacher participate in an intensive
2assistance program. The intensive assistance program and its
3implementation are not subject to negotiation and grievance
4procedures established pursuant to chapter 20. All school
5districts shall be prepared to offer an intensive assistance
6program.
73. A teacher who is not meeting the applicable standards and
8criteria based on a determination made pursuant to subsection 2
9shall participate in an intensive assistance program. However,
10a teacher who has previously participated in an intensive
11assistance program relating to particular Iowa teaching
12standards or criteria shall not be entitled to participate
13in another intensive assistance program relating to the same
14standards or criteria and shall be subject to the provisions of
15subsection 4.
16 Sec. 56. Section 284.8, Code 2021, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 2A. If a teacher is denied advancement
19to the career II or advanced teacher level based upon a
20performance review, the teacher may appeal the decision to an
21adjudicator under the process established under section 279.17.
22However, the decision of the adjudicator is final.
23 Sec. 57. Section 284.8, subsection 4, Code 2021, is amended
24by striking the subsection.
25 Sec. 58. EFFECTIVE DATE. This division of this Act, being
26deemed of immediate importance, takes effect upon enactment.
27 Sec. 59. APPLICABILITY. This division of this Act applies
28to employment contracts of school employees entered into
29pursuant to chapter 279 on and after the effective date of
30this division of this Act. This division of this Act does
31not apply to collective bargaining agreements which have been
32ratified in a ratification election referred to in section
3320.17, subsection 4, for which an arbitrator has made a final
34determination as described in section 20.22, subsection 11,
35or which have become effective, where such events occurred
-37-1before the effective date of this division of this Act. This
2division of this Act applies to all collective bargaining
3procedures provided for in chapter 20 occurring on and after
4the effective date of this division of this Act and collective
5bargaining agreements pursuant to chapter 20 for which a
6ratification election referred to in section 20.17, subsection
74, is held, for which an arbitrator makes a final determination
8as described in section 20.22, subsection 11, or which become
9effective on or after the effective date of this division of
10this Act.
11DIVISION V
12PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS
13 Sec. 60. Section 22.7, subsection 11, paragraph a,
14subparagraph (5), Code 2021, is amended to read as follows:
15(5) The fact that the individual resigned in lieu of
16termination, was discharged, or was demoted as the result of
17a final disciplinary action, and the documented reasons and
18rationale for the resignation in lieu of termination, the
19discharge, or the demotion. For purposes of this subparagraph,
20“demoted” and “demotion” mean a change of an employee from
21a position in a given classification to a position in a
22classification having a lower pay grade upon the exhaustion of
23all applicable contractual, legal, and statutory remedies.
24 Sec. 61. REPEAL. Sections 22.13A and 22.15, Code 2021, are
25repealed.
26 Sec. 62. EFFECTIVE DATE. This division of this Act, being
27deemed of immediate importance, takes effect upon enactment.
28 Sec. 63. APPLICABILITY. This division of this Act applies
29to requests for records pursuant to chapter 22 submitted on or
30after the effective date of this division of this Act.
31DIVISION VI
32CITY CIVIL SERVICE REQUIREMENTS
33 Sec. 64. Section 400.12, subsection 4, Code 2021, is amended
34by striking the subsection.
35 Sec. 65. Section 400.17, subsection 4, Code 2021, is amended
-38-1to read as follows:
24. A person shall not be appointed, denied appointment,
3promoted, removed, discharged, suspended, or demoted to or
4from a civil service position or in any other way favored or
5discriminated against in that position because of political
6or religious opinions or affiliations, race, national origin,
7sex, or age, or in retaliation for the exercise of any right
8enumerated in this chapter. However, the maximum age for a
9police officer or fire fighter covered by this chapter and
10employed for police duty or the duty of fighting fires is
11sixty-five years of age.
12 Sec. 66. Section 400.18, Code 2021, is amended by striking
13the section and inserting in lieu thereof the following:
14400.18 Removal, demotion, or suspension.
151. A person holding civil service rights as provided in
16this chapter shall not be removed, demoted, or suspended
17arbitrarily, except as otherwise provided in this chapter, but
18may be removed, demoted, or suspended after a hearing by a
19majority vote of the civil service commission, for neglect of
20duty, disobedience, misconduct, or failure to properly perform
21the person’s duties.
222. The party alleging neglect of duty, disobedience,
23misconduct, or failure to properly perform a duty shall have
24the burden of proof.
253. A person subject to a hearing has the right to be
26represented by counsel at the person’s expense or by the
27person’s authorized collective bargaining representative.
28 Sec. 67. Section 400.19, Code 2021, is amended to read as
29follows:
30400.19 Removal, or discharge, demotion, or suspension of
31subordinates.
32The person having the appointing power as provided in
33this chapter, or the chief of police or chief of the fire
34department, may, upon presentation of grounds for such action
35to the subordinate in writing, peremptorily remove, discharge,
-39-1demote, or suspend, demote, or discharge a subordinate then
2under the person’s or chief’s direction due to any act or
3failure to act by the employee that is in contravention of law,
4city policies, or standard operating procedures, or that in
5the judgment of the person or chief is sufficient to show that
6the employee is unsuitable or unfit for employment for neglect
7of duty, disobedience of orders, misconduct, or failure to
8properly perform the subordinate’s duties.
9 Sec. 68. Section 400.20, Code 2021, is amended to read as
10follows:
11400.20 Appeal.
12The removal, discharge suspension, demotion, or suspension
13 discharge of a person holding civil service rights may be
14appealed to the civil service commission within fourteen
15calendar days after the removal, discharge suspension,
16demotion, or suspension discharge.
17 Sec. 69. Section 400.21, Code 2021, is amended to read as
18follows:
19400.21 Notice of appeal.
20If the appeal be taken by the person removed, discharged
21 suspended, demoted, or suspended discharged, notice of the
22appeal, signed by the appellant and specifying the ruling
23appealed from, shall be filed with the clerk of the commission.
24If the appeal is taken by the person making such removal,
25discharge suspension, demotion, or suspension discharge, such
26notice shall also be served upon the person removed, discharged
27 suspended, demoted, or suspended discharged.
28 Sec. 70. Section 400.22, Code 2021, is amended to read as
29follows:
30400.22 Charges.
31Within fourteen calendar days from the service of the notice
32of appeal, the person or body making the ruling appealed
33from shall file with the body to which the appeal is taken a
34written specification of the charges and grounds upon which the
35ruling was based. If the charges are not filed, the person
-40-1removed, suspended or discharged, demoted, or suspended may
2present the matter to the body to whom the appeal is to be
3taken by affidavit, setting forth the facts, and the body to
4whom the appeal is to be taken shall immediately enter an
5order reinstating the person removed, suspended or discharged,
6demoted, or suspended for want of prosecution.
7 Sec. 71. Section 400.27, subsection 3, Code 2021, is amended
8to read as follows:
93. The city or any civil service employee shall have a
10right to appeal to the district court from the final ruling or
11decision of the civil service commission. The appeal shall be
12taken within thirty days from the filing of the formal decision
13of the commission. The district court of the county in which
14the city is located shall have full jurisdiction of the appeal.
15The scope of review for the appeal shall be limited to de novo
16appellate review without a trial or additional evidence The
17appeal shall be a trial de novo as an equitable action in the
18district court.
19 Sec. 72. Section 400.28, Code 2021, is amended by striking
20the section and inserting in lieu thereof the following:
21400.28 Employees — number diminished.
221. When the public interest requires a diminution of
23employees in a classification or grade under civil service,
24the city council, acting in good faith, may do either of the
25following:
26a. Abolish the office and remove the employee from the
27employee’s classification or grade thereunder.
28b. Reduce the number of employees in any classification or
29grade by suspending the necessary number.
302. In case it thus becomes necessary to so remove or suspend
31any such employees, the persons so removed or suspended shall
32be those having seniority of the shortest duration in the
33classifications or grades affected, and such seniority shall be
34computed as provided in section 400.12 for all persons holding
35seniority in the classification or grade affected, regardless
-41-1of their seniority in any other classification or grade, but
2any such employee so removed from any classification or grade
3shall revert to the employee’s seniority in the next lower
4grade or classification; if such seniority is equal, then the
5one less efficient and competent as determined by the person or
6body having the appointing power shall be the one affected.
73. In case of removal or suspension, the civil service
8commission shall issue to each person affected one certificate
9showing the person’s comparative seniority or length of service
10in each of the classifications or grades from which the person
11is so removed and the fact that the person has been honorably
12removed. The certificate shall also list each classification
13or grade in which the person was previously employed. The
14person’s name shall be carried for a period of not less than
15three years after the suspension or removal on a preferred list
16and appointments or promotions made during that period to the
17person’s former duties in the classification or grade shall
18be made in the order of greater seniority from the preferred
19lists.
20 Sec. 73. SENIORITY RIGHTS REESTABLISHED. The seniority
21rights of any civil service employee extinguished pursuant
22to section 400.12, subsection 4, Code 2021, are hereby
23reestablished, including accrual of seniority during the period
24of extinguishment.
25 Sec. 74. EFFECTIVE DATE. This division of this Act, being
26deemed of immediate importance, takes effect upon enactment.
27 Sec. 75. APPLICABILITY. This division of this Act applies
28to employment actions taken on or after the effective date of
29this division of this Act.
30DIVISION VII
31HEALTH INSURANCE MATTERS
32 Sec. 76. REPEAL. Section 70A.41, Code 2021, is repealed.
33 Sec. 77. EFFECTIVE DATE. This division of this Act, being
34deemed of immediate importance, takes effect upon enactment.
35DIVISION VIII
-42-1FAMILY AND MEDICAL LEAVE INSURANCE
2 Sec. 78. Section 7E.5, subsection 1, paragraph h, Code 2021,
3is amended to read as follows:
4h. The department of workforce development, created
5in section 84A.1, which has primary responsibility for
6administering the laws relating to unemployment compensation
7insurance, job placement and training, employment safety, labor
8standards, workers’ compensation, the family leave and medical
9insurance program, and related matters.
10 Sec. 79. Section 84A.1, subsection 1, Code 2021, is amended
11to read as follows:
121. The department of workforce development is created to
13administer the laws of this state relating to unemployment
14compensation insurance, job placement and training, employment
15safety, labor standards, and workers’ compensation, and the
16family leave and medical leave insurance program.
17 Sec. 80. NEW SECTION. 96A.1 Short title.
18This chapter may be cited as the “Iowa Family and Medical
19Leave Act”.
20 Sec. 81. NEW SECTION. 96A.2 Definitions.
21As used in this chapter, unless the context otherwise
22requires:
231. “Child” means a biological, adopted, or foster child,
24a stepchild, a legal ward, or a child of a person standing in
25loco parentis, regardless of the child’s age or dependency
26status.
272. “Covered employer” means a private sector employer who
28has ten or more employees for each working day during each of
29twenty or more calendar workweeks in the current or previous
30calendar year, and a public employer without regard to the
31number of employees employed.
323. “Department” means the department of workforce
33development.
344. “Director” means the director of the department of
35workforce development.
-43- 15. “Employee” means a natural person who is employed in
2this state for wages by an employer. “Employee” also includes
3a commission salesperson who takes orders or performs services
4on behalf of a principal and who is paid on the basis of
5commissions but does not include persons who purchase for
6their own account for resale. “Employee” shall not include an
7independent contractor, a self-employed person, or a patient or
8inmate employed by a state or local institution to which the
9patient or inmate has been sentenced or committed, or any of
10the following persons engaged in agriculture:
11a. The spouse of the employer and a relative of either the
12employer or the employer’s spouse who resides on the premises
13of the employer.
14b. A person engaged in agriculture as an owner-operator
15or tenant-operator, and the spouse or a relative of either
16an owner-operator or a tenant-operator who resides on the
17premises while exchanging labor with the owner-operator or the
18tenant-operator for mutual benefit.
19c. A neighboring person engaged in agriculture who is
20exchanging labor or other services.
216. “Employer” means the same as defined in 91A.2.
22“Employer” includes a temporary staffing agency or employment
23agency.
247. “Employment benefits” means all benefits provided or
25made available to an employee by an employer, including group
26life insurance, health insurance, disability insurance, sick
27leave, annual leave, educational benefits, and pensions except
28benefits that are provided by a practice or written policy of
29an employer or through an employee benefit plan as defined in
3029 U.S.C.§1002(3).
318. “Family leave” means a leave taken from work by an
32employee for any of the following reasons:
33a. To participate in providing care, including physical or
34psychological care, for a family member of the employee made
35necessary by a serious health condition of the family member.
-44- 1b. To bond with the employee’s child after the child’s
2birth, or with a child under the age of eighteen placed with
3the employee for adoption or foster care.
4c. Because of a qualifying exigency for a family member as
5permitted under the federal Family and Medical Leave Act of
61993, as amended, and federal regulations as provided in 29
7C.F.R.§825.126.
89. “Family member” means a child, parent, or spouse of an
9employee.
1010. “Gross earnings” means the same as defined in section
1185.61.
1211. “Health care provider” means a physician or other
13health care practitioner licensed, accredited, registered, or
14certified to perform specified health care services consistent
15with state law.
1612. “In loco parentis” means an individual who has
17day-to-day responsibilities to care for or financially support
18a child.
1913. “Inpatient care” means an overnight stay in a hospital,
20hospice, or residential medical care facility, including any
21period of incapacity, or any subsequent treatment in connection
22with such inpatient care.
2314. “Medical leave” means a leave from work taken by an
24employee made necessary by the employee’s own serious health
25condition.
2615. “Parent” means a biological, adoptive, step, or foster
27father or mother, or any other individual who stands in
28loco parentis to an employee or who stood in loco parentis
29when the employee was a child. “Parent” does not include a
30parent-in-law.
3116. “Period of incapacity” means an inability to work,
32attend school, or perform other regular daily activities due
33to a serious health condition, treatment of a serious health
34condition, or recovery from a serious health condition.
3517. “Premium” or “premiums” means the payments required by
-45-1section 96A.12 and paid to the department for deposit in the
2family and medical leave insurance account pursuant to section
396A.22.
418. “Public employer” means the state of Iowa, its
5boards, commissions, agencies, departments, and its political
6subdivisions including school districts and other special
7purpose districts.
819. “Serious health condition” means an illness, injury,
9impairment, physical condition, or mental condition that
10involves inpatient care in a hospital, hospice, medical care
11facility, or continued treatment or continuing supervision by
12a health care provider.
1320. “Spendable weekly earnings” means the amount remaining
14after payroll taxes are deducted from an employee’s gross
15weekly earnings.
1621. “Spouse” means the person with whom an individual has
17entered into marriage as defined or recognized under state law
18for purposes of marriage in the state in which the marriage
19was entered into or, in the case of a marriage entered into
20outside of any state, if the marriage is valid in the place
21where the marriage was entered into and the marriage could have
22been entered into in at least one state, including a common law
23marriage.
2422. “Wages” means the same as defined in section 91A.2.
25 Sec. 82. NEW SECTION. 96A.3 Benefit eligibility.
26An employee is eligible for family leave and medical leave
27as provided in this chapter after working for a covered
28employer for both a minimum of twelve consecutive months
29immediately preceding the employee’s request for leave and a
30minimum of one thousand two hundred fifty hours during that
31twelve-consecutive-month period.
32 Sec. 83. NEW SECTION. 96A.4 Leave entitlement for a defined
33twelve-month period.
341. An employee is entitled to a maximum of twelve weeks
35of family leave during a defined period of twelve consecutive
-46-1months.
22. An employee is entitled to a maximum of twelve weeks of
3medical leave during a defined period of twelve consecutive
4months unless the employee experiences a serious health
5condition, which is pregnancy-related, that results in a longer
6period of incapacity in which case any extended medical leave
7beyond twelve weeks shall conform with section 216.6.
83. An employee is entitled to a maximum combined total of
9paid family leave and medical leave of sixteen weeks during a
10defined period of twelve consecutive months.
114. An employee is not entitled to family leave or medical
12leave of less than eight consecutive hours.
13 Sec. 84. NEW SECTION. 96A.5 Calculating the defined
14twelve-month period.
15The defined period of twelve consecutive months for
16calculation of an eligible employee’s family leave or medical
17leave entitlement begins on any of the following:
181. The date of birth of the employee’s child, or the date
19of placement of a child for adoption or foster care with the
20employee.
212. The first day of family leave that the employee takes for
22a family member’s serious health condition or a family member’s
23qualifying exigency.
243. The first day of the employee’s medical leave.
25 Sec. 85. NEW SECTION. 96A.6 Disqualification from leave
26entitlement.
27An eligible employee is disqualified for family leave or
28medical leave benefits under this chapter for any of the
29following reasons:
301. An absence due to the employee’s willful intention to
31injure or cause a sickness to the employee or to the employee’s
32family member.
332. An injury or sickness caused by the employee engaging in
34an illegal act.
353. The employee’s absence due to an employer taking any
-47-1disciplinary action against the employee.
2 Sec. 86. NEW SECTION. 96A.7 Employee notice to employer
3of intent to take leave.
41. If leave for the birth of a child or placement of a child
5for adoption or foster care with an employee is foreseeable,
6the employee shall provide written notice to the employer not
7less than thirty calendar days before the date the leave is to
8begin.
92. If the birth of a child or placement of a child for
10adoption or foster care with an employee requires leave to
11begin in less than thirty calendar days, the employee shall
12provide written notice to the employer as far in advance as is
13practicable.
143. If leave for a family member’s serious health condition
15or an employee’s serious health condition is foreseeable based
16on planned medical treatment, the employee shall do all of the
17following:
18a. Make a reasonable effort to schedule such medical
19treatment, subject to the recommendation of the employee’s or
20family member’s health care provider as appropriate, to not
21unduly disrupt the operations of the employer.
22b. Provide the employer with not less than thirty calendar
23days prior written notice of the employee’s intention to take
24leave for a family member’s serious health condition or the
25employee’s serious health condition.
264. If leave for a family member’s serious health condition
27or an employee’s serious health condition is not foreseeable,
28the employee shall provide written notice to the employer as
29far in advance as is practicable.
30 Sec. 87. NEW SECTION. 96A.8 Weekly claim, certification,
31and verification.
32Beginning January 1, 2026, family leave or medical leave
33insurance benefits are payable to an employee during a period
34in which the employee is unable to perform the employee’s
35regular or customary work because the employee is on family
-48-1leave or medical leave if the employee meets all of the
2following requirements:
31. The employee files a weekly claim for benefits with the
4department as required per rules adopted by the director.
52. The employee meets the eligibility requirements pursuant
6to section 96A.3 or the elective coverage requirements pursuant
7to section 96A.14.
83. The employee consents to the disclosure of information or
9records that may be deemed private or confidential under state
10or federal law. Disclosure of such information and records by
11another state agency or an employer to the department shall
12be solely for purposes related to the administration of this
13chapter. Information and records disclosed by an employee
14under this chapter shall not be public records as defined in
15section 22.1.
164. The employee authorizes the health care provider of the
17employee’s family member or of the employee, as applicable, to
18complete a certification of a serious health condition in a
19form as required by the director.
205. The employee attests that written notice has been
21provided to the employee’s employer per section 96A.7.
226. The employee provides documentation of a family member’s
23qualifying exigency if requested by the employee’s employer.
24 Sec. 88. NEW SECTION. 96A.9 Waiting period for leave
25benefits.
26Family leave or medical leave insurance benefits shall be
27payable to an eligible employee following a waiting period
28consisting of the first seven calendar days of the employee’s
29leave. However, no such waiting period applies to a leave for
30the birth or placement of a child with an eligible employee.
31 Sec. 89. NEW SECTION. 96A.10 Weekly leave benefit amount.
321. The basis for the calculation of a leave benefit amount
33shall be the weekly earnings of an eligible employee on the
34day the leave is granted. “Weekly earnings” means the gross
35earnings of an employee to which the employee would have been
-49-1entitled had the employee worked the employee’s customary hours
2for the full pay period in which the employee is on family
3leave or medical leave. Weekly earnings shall be computed as
4follows, rounded to the nearest dollar, for an employee who is
5paid on the following basis:
6a. On a weekly pay period basis, the weekly earnings are the
7weekly gross earnings.
8b. On a biweekly pay period basis, the weekly earnings are
9one-half of the biweekly gross earnings.
10c. On a semimonthly pay period basis, the weekly earnings
11are the semimonthly gross earnings multiplied by twenty-four
12and then divided by fifty-two.
13d. On a monthly pay period basis, the weekly earnings
14are the monthly gross earnings multiplied by twelve and then
15divided by fifty-two.
16e. On a yearly pay period basis, the weekly earnings shall
17be the yearly earnings divided by fifty-two.
18f. On a daily or hourly basis, or by the output of an
19employee, the weekly earnings shall be computed by dividing by
20thirteen the earnings, including shift differential pay but
21not including overtime or premium pay, of the employee earned
22in the last completed period of thirteen consecutive calendar
23weeks immediately preceding the start day of the leave. If
24the employee was absent from employment for personal reasons
25during part of the thirteen calendar weeks preceding the
26leave, the employee’s weekly earnings shall be the amount the
27employee would have earned had the employee worked when work
28was available to other employees of the employer in a similar
29occupation. A week that does not fairly reflect the employee’s
30customary earnings shall be replaced by the closest previous
31week with earnings that fairly represent the employee’s
32customary earnings.
332. If on the date that an employee’s leave begins the
34employee’s hourly earnings cannot be ascertained, the earnings
35for the purpose of calculating the benefit amount shall be the
-50-1usual earnings for similar services where such services are
2rendered by paid employees.
33. If an employee earns either no wages, or less than the
4usual weekly earnings of a regular full-time adult laborer
5in the line of work in which the employee is working in
6that locality, the weekly earnings shall be one-fiftieth of
7the total earnings which the employee has earned from all
8employment during the twelve consecutive calendar months
9immediately preceding the date that the employee’s leave
10begins.
114. The weekly leave benefit amount payable to an employee
12for any one week shall be eighty percent of the employee’s
13spendable weekly earnings, but shall not exceed an amount equal
14to two hundred percent of the statewide average weekly wage
15as calculated by the department pursuant to section 96.1A and
16in effect on the date that the employee’s leave commences.
17However, the weekly leave benefit amount shall be a minimum
18equal to the lesser of the weekly leave benefit amount of a
19person whose gross weekly earnings are thirty-five percent of
20the statewide average weekly wage, or to the spendable weekly
21earnings of the employee.
22 Sec. 90. NEW SECTION. 96A.11 Payment of benefits to an
23eligible employee.
241. The department shall send the first benefit payment to
25an employee within ten calendar days after the first properly
26completed weekly claim from the employee is received by
27the department. Subsequent payments shall be sent at least
28biweekly to an eligible employee if a properly completed weekly
29claim from the employee is received by the department.
302. If an employer contests an employee’s initial claim
31for family leave or medical leave benefits, the employer must
32notify the employee and the department in the manner prescribed
33by the director within ten calendar days of the employer’s
34receipt of notice from the department of the employee’s filing
35of a claim for benefits pursuant to section 96A.21, subsection
-51-13. Failure to timely contest an initial application shall
2constitute a waiver of objection to the family leave or medical
3leave claim.
43. If the department or the employee’s employer contests
5an employee’s eligibility for benefits after the employee
6begins receiving benefits, the employee shall continue to
7be paid benefits conditionally for any weeks for which the
8employee files a claim for benefits. The employee’s right to
9retain such benefit payments shall be conditioned upon the
10department’s finding that the employee is eligible for such
11benefit payments.
12a. At an employee’s request, the department shall hold
13conditional benefit payments until the department resolves the
14employee’s eligibility status.
15b. Payment shall be issued promptly for any withheld benefit
16payments if the department determines that an employee is
17eligible for benefits.
18c. If the department determines that an employee is
19ineligible for the conditionally paid benefits, the employee
20shall repay the overpayment per rules adopted by the director.
21 Sec. 91. NEW SECTION. 96A.12 Funding the family leave and
22medical leave insurance program.
231. Beginning on January 1, 2024, and ending December
2431, 2025, the department shall assess for each employee
25in employment with a covered employer a premium rate of
26four-tenths of one percent of the employee’s wages based on the
27amount of the wages, subject to subsection 6.
28a. The premium rate for family leave benefits shall be equal
29to one-third of the total premium rate.
30b. The premium rate for medical leave benefits shall be
31equal to two-thirds of the total premium rate.
322. For calendar year 2026 and subsequent calendar years the
33director shall determine the percentage of paid claims related
34to family leave benefits and the percentage of paid claims
35related to medical leave benefits and adjust the premium rates
-52-1set in subsection 1 by the proportional share of claims paid
2for both types of leave.
33. For family leave premiums a covered employer may deduct
4up to forty-five percent of the full amount of the required
5premiums from the wages of each employee. The remaining
6fifty-five percent of the required premiums shall be paid by
7the covered employer.
84. For medical leave premiums a covered employer may deduct
9up to forty-five percent of the full amount of the required
10premiums from the wages of each employee. The remaining
11fifty-five percent of the required premiums shall be paid by
12the covered employer.
135. A covered employer may elect to pay all or any portion of
14its employees’ share of the premiums for family leave benefits
15or medical leave benefits or both.
166. The director shall annually set a maximum limit on the
17amount of an employee’s wages that are subject to a premium
18assessment under this section that is equal to the contribution
19and benefit base for the calendar year as determined by the
20United States social security administration for purposes of
2126 U.S.C.§3121(a).
227. For calendar year 2026 and subsequent calendar years,
23the total premium rate shall be based on the family leave and
24medical leave insurance account balance ratio as of September
2530 of the previous year. The director shall calculate the
26account balance ratio by dividing the balance of the family
27leave and medical leave insurance account by the total wages
28paid by covered employers. The division shall be carried
29to the fourth decimal place with the remaining fraction
30disregarded unless it amounts to five hundred thousandths or
31more in which case the fourth decimal place shall be rounded
32to the next higher digit. If the family leave and medical
33leave insurance account balance ratio is any of the following
34percentages, the premium shall be the following percentage of
35an employee’s wages subject to a premium assessment:
-53- 1a. If the ratio is zero to nine hundredths of one percent,
2the premium shall be six-tenths of one percent.
3b. If the ratio is one-tenth of one percent to nineteen
4hundredths of one percent, the premium shall be five-tenths of
5one percent.
6c. If the ratio is two-tenths of one percent to twenty-nine
7hundredths of one percent, the premium shall be four-tenths of
8one percent.
9d. If the ratio is three-tenths of one percent to
10thirty-nine hundredths of one percent, the premium shall be
11three-tenths of one percent.
12e. If the ratio is four-tenths of one percent to forty-nine
13hundredths of one percent, the premium shall be two-tenths of
14one percent.
15f. If the ratio is five-tenths of one percent or greater,
16the premium shall be one-tenth of one percent.
178. Beginning January 1, 2026, if the account balance ratio
18calculated in subsection 7 is below five hundredths of one
19percent, the director shall assess a solvency surcharge at
20the lowest rate necessary to provide revenue to pay for the
21administrative and benefit costs of family leave and medical
22leave insurance for the calendar year. The solvency surcharge
23shall be at least one-tenth of one percent and no more than
24six-tenths of one percent and shall be added to the total
25premium rate assessed to each employee of a covered employer
26for family leave and medical leave benefits.
279. A covered employer shall collect all required premiums
28and surcharges from the employer’s employees through payroll
29deductions and shall remit the amount collected and the amount
30to be paid by the employer to the department as required by
31rules adopted by the director.
3210. On September 30 of each year the department shall
33average the number of employees reported by an employer over
34the last four completed calendar quarters to determine the
35number of employees employed by the employer for the purpose
-54-1of determining if an employer shall be considered a covered
2employer for the next calendar year.
3 Sec. 92. NEW SECTION. 96A.13 Conditional waiver of premium
4for out-of-state employee.
51. An employer may file an application with the department
6for a conditional waiver of the payment of family leave and
7medical leave premiums assessed under section 96A.12 for an
8employee who meets all of the following requirements:
9a. The employee is physically based outside of the state.
10b. The employee physically works in the state on a limited
11or temporary work schedule.
12c. The employee is not expected to physically work in the
13state for one thousand two hundred fifty hours or more during
14any consecutive twelve-month period.
152. The department shall approve an application that is
16signed by both the employee and the employee’s employer
17attesting to compliance with the requirements of subsection 1.
183. If the employee physically works in the state for one
19thousand two hundred fifty hours or more in any consecutive
20twelve-month period, the conditional waiver shall expire and
21the employer and employee shall be responsible for all premiums
22pursuant to section 96A.12 for the consecutive twelve-month
23period in which the employee worked one thousand two hundred
24fifty hours or more. Upon submission of the premiums by the
25employer to the department, the employee shall be credited for
26the hours worked during that consecutive twelve-month period
27and shall be eligible for benefits under this chapter.
28 Sec. 93. NEW SECTION. 96A.14 Self-employed persons elective
29participation in the family leave and medical leave insurance
30program.
311. A self-employed person electing to participate in the
32family leave and medical leave insurance program shall be
33considered either an employer or employee under this chapter
34as the context dictates.
352. For benefits payable beginning January 1, 2026, a
-55-1self-employed person may elect to participate in the family
2leave and medical leave insurance program under this chapter
3if the self-employed person meets all of the following
4requirements:
5a. The initial participation period for the self-employed
6person must be a minimum of three years.
7b. Any subsequent participation period by the self-employed
8person must be for a minimum of one year.
9c. The self-employed person must participate in both family
10leave and medical leave.
11d. One hundred percent of all premiums assessed by
12the department under section 96A.12 shall be paid by the
13self-employed person.
143. A self-employed person shall file a written notice of
15election of elective coverage with the department in the manner
16required by the director.
174. A self-employed person shall be eligible for
18family leave and medical leave benefits after working one
19thousand two hundred fifty hours in the state during the
20twelve-consecutive-month period immediately following the date
21of the written notice the self-employed person filed pursuant
22to subsection 3.
235. A self-employed person who has elected coverage may
24withdraw from coverage within thirty calendar days after the
25end of each participation period pursuant to subsection 2,
26paragraph “a” or “b”, by filing a written notice of withdrawal
27as required pursuant to the rules adopted by the director. The
28withdrawal shall take effect no sooner than thirty calendar
29days after the self-employed person files the notice of
30withdrawal.
316. If a self-employed person fails to submit the required
32premium payments, the department may cancel the person’s
33elective coverage. The cancellation shall be effective no
34sooner than thirty days from the date of a written notice
35from the department to the self-employed person advising the
-56-1self-employed person of the impending cancellation of the
2self-employed person’s elective coverage. The department shall
3collect all due and unpaid premiums from the self-employed
4person for the remainder of the applicable participation period
5pursuant to subsection 2, paragraph “a” or “b”.
6 Sec. 94. NEW SECTION. 96A.15 Employment protection.
71. An eligible employee who takes family leave or medical
8leave under this chapter is entitled to either of the following
9on the employee’s return from leave:
10a. To be restored to the same position held by the employee
11when the employee’s leave commenced.
12b. To be restored to an equivalent position with equivalent
13employment benefits, pay, and other terms and conditions of
14employment.
152. As a condition of restoration under subsection 1 for an
16employee who has taken medical leave, the employer may apply
17a uniform policy to the employee that requires an employee to
18provide certification from the employee’s health care provider
19that the employee is able to resume work.
203. Taking leave under this chapter shall not result in the
21loss of any employment benefits accrued by an employee prior to
22the date on which the employee’s leave commenced.
234. This section shall not be construed to entitle a restored
24employee to any of the following:
25a. The accrual of any seniority or employment benefits
26during any period of leave.
27b. Any right, benefit, or position of employment other than
28any right, benefit, or position of employment to which the
29employee would have been entitled had the employee not taken
30leave.
315. This section shall not be construed to prohibit an
32employer from requiring an employee on leave to report
33periodically to the employer on the status and intention of the
34employee to return to work.
356. An employer may deny restoration under this section to
-57-1a salaried employee who is among the ten percent highest-paid
2employees employed by the employer within seventy-five miles
3of the facility at which the employee is employed if all of the
4following apply:
5a. Denial of restoration is necessary to prevent substantial
6and grievous economic injury to the operations of the employer.
7b. The employer notifies the employee of the intent of the
8employer to deny restoration on such basis at the time the
9employer determines such basis exists.
10c. The employee is on leave and elects not to return
11to employment after receiving the employer’s notice of the
12employer’s intent not to restore the employee.
137. This section shall not be construed as providing an
14employee greater restoration rights than those required under
15the federal Family and Medical Leave Act of 1993, as amended.
16 Sec. 95. NEW SECTION. 96A.16 Maintenance of existing health
17benefits.
18If required by the federal Family and Medical Leave
19Act of 1993, as amended, an employer shall maintain any
20existing health benefits of an employee for the duration of
21an employee’s leave under this chapter. If the employer and
22the employee normally share the cost of such existing health
23benefits, the employee shall remain responsible for the
24employee’s share of the cost of such.
25 Sec. 96. NEW SECTION. 96A.17 Employer submission of reports
26and maintenance of records.
271. Pursuant to rules adopted by the director, an employer
28shall submit reports and furnish information related to
29the family leave and medical leave insurance program to the
30director.
312. An employer shall maintain at the employer’s primary
32place of business a record of employment for each employee from
33which any information needed by the department for purposes of
34this chapter may be obtained. Such record shall be maintained
35for ten years from the date on which an eligible employee
-58-1applies for family leave or medical leave under this chapter.
2The record shall be open for inspection by the director at all
3times. All personnel records and employee medical records
4shall be maintained by the employer in compliance with all
5applicable federal and state laws.
6 Sec. 97. NEW SECTION. 96A.18 Coordination of family leave
7and medical leave with other laws and with employer policies.
81. Family leave or medical leave taken by an employee under
9this chapter shall be in addition to any leave available to
10an employee as required by applicable state or federal law
11for sickness or temporary disability because of pregnancy or
12childbirth.
132. Family leave or medical leave taken by an employee under
14this chapter shall be taken concurrently with any leave taken
15under the federal Family and Medical Leave Act of 1993, as
16amended.
173. An employer may allow an employee who has accrued
18vacation, sick, or other paid time off to choose to use either
19such accrued time or to receive paid family leave or medical
20leave insurance benefits under this chapter.
21 Sec. 98. NEW SECTION. 96A.19 Relationship to other state
22and federal benefits.
23In any week an employee is eligible to receive benefits under
24chapter 85, 85A, 85B, or 96, or any other applicable state or
25federal unemployment compensation, workers’ compensation, or
26disability insurance laws, the employee is disqualified from
27receiving family leave or medical leave insurance benefits
28under this chapter.
29 Sec. 99. NEW SECTION. 96A.20 Discrimination prohibited.
30This chapter shall not be construed to modify or affect any
31federal, state, or local law prohibiting discrimination on the
32basis of age, race, creed, color, sex, sexual orientation,
33gender identity, national origin, religion, disability, or
34other protected category.
35 Sec. 100. NEW SECTION. 96A.21 Department to administer
-59-1family leave and medical leave insurance program and conduct
2outreach.
31. The director shall establish and administer the family
4leave and medical leave insurance program and disburse family
5leave and medical leave benefits to an eligible employee as
6specified in this chapter.
72. The director shall establish procedures and forms for
8an employee to file an application for benefits under this
9chapter.
103. The department shall notify an employer within five
11business days of an employee filing a claim for family leave or
12medical leave insurance benefits.
134. Information and records pertaining to an employee under
14this chapter that are maintained by the department shall
15be confidential and shall only be available to department
16personnel in the performance of official duties.
175. The director shall develop and implement an outreach
18program to ensure that employers and employees are aware of
19the family leave and medical leave insurance program and are
20aware of the leave benefits available to eligible employees.
21Outreach information shall explain in an easy-to-understand
22format all of the following:
23a. Eligibility requirements.
24b. The application process.
25c. How weekly benefits are calculated and the minimum and
26maximum weekly benefit amount.
27d. Restoration rights.
28e. Nondiscrimination rights.
29f. Confidentiality.
30g. The relationship between employment protection, leave
31from employment, wage replacement benefits under this chapter
32and other laws, and employer policies.
336. The department shall be authorized to inspect and audit
34an employer’s files and records relating to the family leave
35and medical leave insurance program under this chapter.
-60-1 Sec. 101. NEW SECTION. 96A.22 Family leave and medical
2leave insurance account.
31. The family leave and medical leave insurance account
4is created as a separate account in the state treasury in the
5custody of the treasurer of state.
62. The director shall deposit all receipts from premiums
7imposed pursuant to sections 96A.12, 96A.13, and 96A.14 into
8the account. Expenditures from the account shall be used
9only for the purposes of the family leave and medical leave
10insurance program and only as authorized by the director.
113. All premiums deposited in the account shall remain in
12the account until expended pursuant to the requirements of this
13chapter.
14 Sec. 102. NEW SECTION. 96A.23 Rules.
15The director shall adopt rules pursuant to chapter 17A as
16necessary to implement and administer this chapter.
17 Sec. 103. NEW SECTION. 96A.24 Enforcement.
18The director may take any action under the director’s
19authority to enforce compliance with this chapter.
20 Sec. 104. DIRECTOR ANALYSIS OF FUNDING THE FAMILY LEAVE
21AND MEDICAL LEAVE INSURANCE PROGRAM AND REPORT TO THE GENERAL
22ASSEMBLY. The director of the department of workforce
23development shall conduct an analysis of the family leave
24and medical leave insurance program as funded pursuant to
25section 96A.12, as enacted in this Act, and of the benefits
26paid pursuant to section 96A.10, as enacted in this Act. The
27director shall determine if the premium rates and benefit
28levels are appropriate to fully fund and maintain the solvency
29of the family leave and medical leave insurance account.
30The director shall submit the director’s findings to the
31general assembly pursuant to section 7A.11 no later than
32January 14, 2022.
33DIVISION IX
34Infectious disease emergency response
35 Sec. 105. Section 88.3, Code 2021, is amended by adding the
-61-1following new subsection:
2 NEW SUBSECTION. 8A. “Period of infectious disease emergency”
3means that period of time that a disease or virus determined
4to be life-threatening to a person exposed to the disease or
5virus has been declared a pandemic, epidemic, or public health
6emergency by the federal government, governor, or local public
7health authorities.
8 Sec. 106. Section 88.5, Code 2021, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 5A. Emergency temporary standards —
11infectious disease emergencies.
12a. If, during a period of infectious disease emergency,
13the secretary provides a federal occupational safety and
14health standard, including an emergency temporary standard, or
15provides any other guideline or recommendation, relating to
16the infectious disease that is the subject of the period, the
17commissioner shall provide for one or more temporary standards
18pursuant to subsection 5 implementing the standard, guideline,
19or recommendation within one week of the issuance of the
20standard, guideline, or recommendation. The commissioner shall
21initiate the procedures provided for under this chapter for the
22purpose of promulgating a permanent standard as provided in
23subsection 1 of this section within one month of such issuance
24if the period remains in effect.
25b. Emergency standards provided pursuant to this subsection
26shall include a requirement that affected employers provide,
27at no cost to employees, personal protective equipment and
28sanitizing liquid in order to prevent the contraction or spread
29of the infectious disease.
30c. Emergency standards provided pursuant to this subsection
31shall include a requirement that an employer notify all
32employees who work in a workplace of the occurrence in the
33workplace of a confirmed positive case of the disease or virus
34which is the subject of the period of infectious disease
35emergency no later than twenty-four hours after learning of the
-62-1occurrence. Such a notification shall not include information
2prohibited from disclosure under federal law.
3 Sec. 107. Section 88.6, Code 2021, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 10. Procedures for complaints regarding
6periods of infectious disease emergency. The division shall
7respond to any complaint of a violation of this chapter during
8a period of infectious disease emergency that pertains to
9the infectious disease within twenty-four hours of receiving
10the complaint. The response shall confirm that the division
11has received the complaint and shall describe the steps the
12division will carry out to conduct an investigation of the
13complaint. The division shall begin such an investigation
14within seventy-two hours of receiving such a complaint. Upon
15request, and notwithstanding subsection 8, the division shall
16provide the person who made a complaint with an update on the
17progress of the investigation and a projected timeline for its
18completion.
19DIVISION X
20COVID-19 RELATED LIABILITY
21 Sec. 108. NEW SECTION. 686E.1 Short title.
22This chapter shall be known and may be cited as the
23“COVID-19 Response, Back to Business, Employer Protection,
24Worker Protection, Patient Protection, and Nursing Home Resident
25Protection Limited Liability Act”.
26 Sec. 109. NEW SECTION. 686E.2 Definitions.
27When used in this chapter, unless the context otherwise
28requires:
291. “COVID-19” means the novel coronavirus identified
30as SARS-CoV-2, the disease caused by the novel coronavirus
31SARS-CoV-2 or a virus mutating therefrom, and conditions
32associated with the disease caused by the novel coronavirus
33SARS-CoV-2 or a virus mutating therefrom.
342. “Disinfecting or cleaning supplies” means and includes
35hand sanitizers, disinfectants, sprays, and wipes.
-63- 13. “Health care facility” means and includes all of the
2following:
3a. A facility as defined in section 514J.102.
4b. A facility licensed pursuant to chapter 135B.
5c. A facility licensed pursuant to chapter 135C.
6d. Residential care facilities, nursing facilities,
7intermediate care facilities for persons with mental illness,
8intermediate care facilities for persons with intellectual
9disabilities, hospice programs, elder group homes, and assisted
10living programs.
114. “Health care professional” means physicians and other
12health care practitioners who are licensed, certified, or
13otherwise authorized or permitted by the laws of this state
14to administer health care services in the ordinary course
15of business or in the practice of a profession, whether
16paid or unpaid, including persons engaged in telemedicine or
17telehealth. “Health care professional” includes the employer or
18agent of a health care professional who provides or arranges
19health care.
205. “Health care provider” means and includes a health care
21professional, health care facility, home health care facility,
22and any other person or facility otherwise authorized or
23permitted by any federal or state statute, regulation, order,
24or public health guidance to administer health care services
25or treatment.
266. “Health care services” means services for the diagnosis,
27prevention, treatment, care, cure, or relief of a health
28condition, illness, injury, or disease.
297. “Minimum medical condition” means a diagnosis of
30COVID-19.
318. “Person” means the same as defined in section 4.1.
32“Person” includes an agent of a person.
339. “Personal protective equipment” means and includes
34protective clothing, gloves, face shields, goggles, facemasks,
35respirators, gowns, aprons, coveralls, and other equipment
-64-1designed to protect the wearer from injury or the spread of
2infection or illness.
310. “Premises” means and includes any real property and
4any appurtenant building or structure serving a commercial,
5residential, educational, religious, governmental, cultural,
6charitable, or health care purpose.
711. “Public health guidance” means and includes written
8guidance related to COVID-19 issued by any of the following:
9a. The centers for disease control and prevention of the
10federal department of health and human services.
11b. The centers for Medicare and Medicaid services of the
12federal department of health and human services.
13c. The federal occupational safety and health
14administration.
15d. The office of the governor.
16e. Any state agency, including the department of public
17health.
1812. “Qualified product” means and includes all of the
19following:
20a. Personal protective equipment used to protect the wearer
21from COVID-19 or to prevent the spread of COVID-19.
22b. Medical devices, equipment, and supplies used to treat
23COVID-19, including medical devices, equipment, or supplies
24that are used or modified for an unapproved use to treat
25COVID-19 or to prevent the spread of COVID-19.
26c. Medical devices, equipment, and supplies used outside of
27their normal use to treat COVID-19 or to prevent the spread of
28COVID-19.
29d. Medications used to treat COVID-19, including medications
30prescribed or dispensed for off-label use to attempt to treat
31COVID-19.
32e. Tests to diagnose or determine immunity to COVID-19.
33f. Any component of an item described in paragraphs “a”
34through “e”.
35 Sec. 110. NEW SECTION. 686E.3 Civil actions alleging
-65-1COVID-19 exposure.
2A person shall not bring or maintain a civil action alleging
3exposure or potential exposure to COVID-19 unless one of the
4following applies:
51. The civil action relates to a minimum medical condition.
62. The civil action involves an act that was intended to
7cause harm.
83. The civil action involves an act that constitutes actual
9malice.
10 Sec. 111. NEW SECTION. 686E.4 Premises owner’s duty of care
11— limited liability.
12A person who possesses or is in control of a premises,
13including a tenant, lessee, or occupant of a premises, who
14directly or indirectly invites or permits an individual onto
15a premises, shall not be liable for civil damages for any
16injuries sustained from the individual’s exposure to COVID-19,
17whether the exposure occurs on the premises or during any
18activity managed by the person who possesses or is in control
19of a premises, if the person qualifies for the protection
20afforded by section 686E.5.
21 Sec. 112. NEW SECTION. 686E.5 Safe harbor for compliance
22with regulations, executive orders, or public health guidance.
23A person in this state shall not be held liable for civil
24damages for any injuries sustained from exposure or potential
25exposure to COVID-19 if the act or omission alleged to violate
26a duty of care was in substantial compliance or was consistent
27with any federal or state statute, regulation, order, or public
28health guidance related to COVID-19 that was applicable to the
29person or activity at issue at the time of the alleged exposure
30or potential exposure.
31 Sec. 113. NEW SECTION. 686E.6 Liability of health care
32providers.
33A health care provider that qualifies for the protection
34afforded by section 686E.5 shall not be liable for civil
35damages for causing or contributing, directly or indirectly, to
-66-1the death or injury of an individual as a result of the health
2care provider’s acts or omissions while providing or arranging
3health care in support of the state’s response to COVID-19.
4This section shall apply to all of the following:
51. Injury or death resulting from screening, assessing,
6diagnosing, caring for, or treating individuals with a
7suspected or confirmed case of COVID-19.
82. Prescribing, administering, or dispensing a
9pharmaceutical for off-label use to treat a patient with a
10suspected or confirmed case of COVID-19.
113. Acts or omissions while providing health care to
12individuals unrelated to COVID-19 when those acts or omissions
13support the state’s response to COVID-19, including any of the
14following:
15a. Delaying or canceling nonurgent or elective dental,
16medical, or surgical procedures, or altering the diagnosis or
17treatment of an individual in response to any federal or state
18statute, regulation, order, or public health guidance.
19b. Diagnosing or treating patients outside the normal scope
20of the health care provider’s license or practice.
21c. Using medical devices, equipment, or supplies outside of
22their normal use for the provision of health care, including
23using or modifying medical devices, equipment, or supplies for
24an unapproved use.
25d. Conducting tests or providing treatment to any individual
26outside the premises of a health care facility.
27 Sec. 114. NEW SECTION. 686E.7 Supplies, equipment, and
28products designed, manufactured, labeled, sold, distributed, and
29donated in response to COVID-19.
301. Any person that qualifies for the protection afforded
31by section 686E.5 that designs, manufactures, labels, sells,
32distributes, or donates household disinfecting or cleaning
33supplies, personal protective equipment, or a qualified product
34in response to COVID-19 shall not be liable in a civil action
35alleging personal injury, death, or property damage caused by
-67-1or resulting from the design, manufacturing, labeling, selling,
2distributing, or donating of the household disinfecting
3or cleaning supplies, personal protective equipment, or a
4qualified product.
52. Any person that designs, manufactures, labels, sells,
6distributes, or donates household disinfecting or cleaning
7supplies, personal protective equipment, or a qualified product
8in response to COVID-19 shall not be liable in a civil action
9alleging personal injury, death, or property damage caused by
10or resulting from a failure to provide proper instructions or
11sufficient warnings.
12 Sec. 115. NEW SECTION. 686E.8 Construction.
13This chapter shall not be construed to affect the rights or
14limits under workers’ compensation as provided in chapter 85,
1585A, or 85B.
16 Sec. 116. NEW SECTION. 686E.9 Repeal.
17This chapter is repealed December 31, 2022.
18 Sec. 117. REPEAL. Chapter 686D, Code 2021, is repealed.
19 Sec. 118. EFFECTIVE DATE. This division of this Act, being
20deemed of immediate importance, takes effect upon enactment.
21 Sec. 119. RETROACTIVE APPLICABILITY. This division of this
22Act applies retroactively to January 1, 2020.
23DIVISION XI
24Contractor collective bargaining
25 Sec. 120. NEW SECTION. 20A.1 Definitions.
26When used in this chapter, unless the context otherwise
27requires:
281. “Arbitration” means the procedure whereby the parties
29involved in an impasse submit their differences to a third
30party for a final and binding decision or as provided in this
31chapter.
322. “Board” means the public employment relations board
33established under section 20.5.
343. “Contractor” means a natural person who performs labor in
35this state to whom a payor of income makes payments which are
-68-1not subject to withholding and for whom the payor of income is
2required by the internal revenue service to complete a form.
3“Contractor” includes a marketplace contractor as defined in
4section 93.1 and a subcontractor.
54. “Contractor organization” means an organization of any
6kind in which contractors participate and which exists for the
7primary purpose of representing contractors in their relations
8with employers.
95. “Employer” means a person, as defined in chapter 4, for
10whom a contractor performs labor under contract.
116. “Impasse” means the failure of an employer and the
12contractor organization to reach agreement in the course of
13negotiations.
147. “Mediation” means assistance by an impartial third party
15to reconcile an impasse between the employer and the contractor
16organization through interpretation, suggestion, and advice.
178. “Strike” means a contractor’s refusal, in concerted
18action with others, to report to duty, or a willful absence
19from the contractor’s position, or a stoppage of work by the
20contractor, or the contractor’s abstinence in whole or in
21part from the full, faithful, and proper performance of the
22contractor’s duties, for the purpose of inducing, influencing,
23or coercing a change in the conditions, compensation, rights,
24privileges, or obligations of the contractor’s work.
25 Sec. 121. NEW SECTION. 20A.2 Powers and duties of the
26board.
27The board shall:
281. Interpret, apply, and administer the provisions of this
29chapter.
302. Collect data and conduct studies relating to wages,
31hours, benefits, and other terms and conditions of contractors
32and make the same available to employers and any interested
33person or organization.
343. Adopt rules in accordance with the provisions of chapter
3517A as it may deem necessary to carry out the purposes of this
-69-1chapter.
2 Sec. 122. NEW SECTION. 20A.3 Employer rights.
3Employers shall have, in addition to all powers, duties,
4and rights established by constitutional provision, statute,
5ordinance, or common law, the exclusive power, duty, and the
6right to:
71. Direct the work of its contractors.
82. Suspend or discharge contractors for proper cause.
93. Maintain the efficiency of the employer’s operations.
104. Relieve contractors from duties because of lack of work
11or for other legitimate reasons.
125. Determine and implement methods, means, assignments,
13and personnel by which the employer’s operations are to be
14conducted.
156. Exercise all powers and duties granted to the employer
16by law.
17 Sec. 123. NEW SECTION. 20A.4 Contractor rights.
18Contractors shall have the right to:
191. Organize, or form, join, or assist any contractor
20organization.
212. Negotiate collectively through representatives of their
22own choosing.
233. Engage in other concerted activities for the purpose of
24collective bargaining or other mutual aid or protection insofar
25as any such activity is not prohibited by this chapter or any
26other state or federal law.
274. Refuse to join or participate in the activities of
28contractor organizations, including the payment of any dues,
29fees or assessments, or service fees of any type.
30 Sec. 124. NEW SECTION. 20A.5 Scope of negotiations.
311. The employer and the contractor organization shall
32meet at reasonable times to negotiate in good faith with
33respect to wages, hours, vacations, insurance, holidays,
34leaves of absence, shift differentials, overtime compensation,
35supplemental pay, seniority, transfer procedures, job
-70-1classifications, health and safety matters, evaluation
2procedures, procedures for staff reduction, in-service
3training, and other matters mutually agreed upon. Negotiations
4shall also include terms authorizing dues checkoff for members
5of the contractor organization and grievance procedures for
6resolving any questions arising under the agreement, which
7shall be embodied in a written agreement and signed by the
8parties. If an agreement provides for dues checkoff, a
9member’s dues may be checked off only upon the member’s written
10request and the member may terminate the dues checkoff at any
11time by giving thirty days’ written notice. Such obligation to
12negotiate in good faith does not compel either party to agree
13to a proposal or make a concession.
14 Sec. 125. NEW SECTION. 20A.6 Prohibited practices.
151. It shall be a prohibited practice for any employer,
16contractor, or contractor organization to refuse to negotiate
17in good faith with respect to the scope of negotiations as
18defined in section 20A.5.
192. It shall be a prohibited practice for an employer or the
20employer’s designated representative to:
21a. Interfere with, restrain, or coerce contractors in the
22exercise of rights granted by this chapter.
23b. Dominate or interfere in the administration of any
24contractor organization.
25c. Encourage or discourage membership in any contractor
26organization, committee, or association by discrimination in
27obtaining labor for compensation.
28d. Discharge or discriminate against a contractor because
29the contractor has filed an affidavit, petition, or complaint
30or given any information or testimony under this chapter, or
31because the contractor has formed, joined, or chosen to be
32represented by any contractor organization.
33e. Refuse to negotiate collectively with representatives of
34certified contractor organizations as required in this chapter.
35f. Deny the rights accompanying certification granted in
-71-1this chapter.
2g. Refuse to participate in good faith in any agreed-upon
3impasse procedures or those set forth in this chapter.
4h. Engage in a lockout.
53. It shall be a prohibited practice for contractors
6or a contractor organization or for any person, union, or
7organization or their agents to:
8a. Interfere with, restrain, coerce, or harass any
9contractor with respect to any of the contractor’s rights
10under this chapter or in order to prevent or discourage the
11contractor’s exercise of any such right, including without
12limitation all rights under section 20A.4.
13b. Interfere, restrain, or coerce an employer with respect
14to rights granted in this chapter or with respect to selecting
15a representative for the purposes of negotiating collectively
16or the adjustment of grievances.
17c. Refuse to bargain collectively with an employer as
18required in this chapter.
19d. Refuse to participate in good faith in any agreed-upon
20impasse procedures or those set forth in this chapter.
21e. Violate section 20A.8.
22f. Violate the provisions of sections 732.1 to 732.3, which
23are hereby made applicable to employers, contractors, and
24contractor organizations.
25g. Picket in a manner which interferes with ingress and
26egress to the facilities of the employer.
27h. Engage in, initiate, sponsor, or support any picketing
28that is performed in support of a strike, work stoppage,
29boycott, or slowdown against an employer.
30i. Picket for any unlawful purpose.
314. The expressing of any views, argument, or opinion, or the
32dissemination thereof, whether orally or in written, printed,
33graphic, or visual form, shall not constitute or be evidence
34of any prohibited practice under any of the provisions of this
35chapter, if such expression contains no threat of reprisal or
-72-1force or promise of benefit.
2 Sec. 126. NEW SECTION. 20A.7 Prohibited practice
3violations.
41. Proceedings against a party alleging a violation of
5section 20A.6 shall be commenced by filing a complaint with
6the board within ninety days of the alleged violation, causing
7a copy of the complaint to be served upon the accused party.
8The accused party shall have ten days within which to file
9a written answer to the complaint. However, the board may
10conduct a preliminary investigation of the alleged violation,
11and if the board determines that the complaint has no basis in
12fact, the board may dismiss the complaint. The board shall
13promptly thereafter set a time and place for hearing in the
14county where the alleged violation occurred, provided, however,
15that the presiding officer may conduct the hearing through the
16use of technology from a remote location. The parties shall
17be permitted to be represented by counsel, summon witnesses,
18and request the board to subpoena witnesses on the requester’s
19behalf. Compliance with the technical rules of pleading and
20evidence shall not be required.
212. The board may designate one of its members, an
22administrative law judge, or any other qualified person
23employed by the board to serve as the presiding officer at
24the hearing. The presiding officer has the powers as may be
25exercised by the board for conducting the hearing and shall
26follow the procedures adopted by the board for conducting the
27hearing. The proposed decision of the presiding officer may be
28appealed to the board, or reviewed on motion of the board, in
29accordance with the provisions of chapter 17A.
303. The board shall appoint a certified shorthand reporter to
31report the proceedings and the board shall fix the reasonable
32amount of compensation for such service, and for any transcript
33requested by the board, which amounts shall be taxed as other
34costs.
354. The board shall file its findings of fact and conclusions
-73-1of law within sixty days of the close of any hearing, receipt
2of the transcript, or submission of any briefs. If the
3board finds that the party accused has committed a prohibited
4practice, the board may, within thirty days of its decision,
5enter into a consent order with the party to discontinue the
6practice, or after the thirty days following the decision may
7petition the district court for injunctive relief pursuant to
8rules of civil procedure 1.1501 to 1.1511.
95. The board’s review of proposed decisions and the
10rehearing or judicial review of final decisions is governed by
11the provisions of chapter 17A.
12 Sec. 127. NEW SECTION. 20A.8 Strikes prohibited.
131. It shall be unlawful for any contractor or any contractor
14organization, directly or indirectly, to induce, instigate,
15encourage, authorize, ratify, or participate in a strike
16against any employer.
172. It shall be unlawful for any employer to authorize,
18consent to, or condone a strike; or to pay or agree to pay any
19contractor for any day in which the contractor participates
20in a strike; or to pay or agree to pay any increase in
21compensation or benefits to any contractor in response to or
22as a result of any strike or any act which violates subsection
231. It shall be unlawful for any official, director, or
24representative of any employer to authorize, ratify, or
25participate in any violation of this subsection. Nothing in
26this subsection shall prevent new or renewed bargaining and
27agreement within the scope of negotiations as defined by this
28chapter, at any time after such violation of subsection 1 has
29ceased; but it shall be unlawful for any employer or contractor
30organization to bargain at any time regarding suspension
31or modification of any penalty provided in this section or
32regarding any request by the employer to a court for such
33suspension or modification.
343. In the event of any violation or imminently threatened
35violation of subsection 1 or 2, any citizen domiciled within
-74-1the county in which the violation occurs may petition the
2district court for that county or the district court for
3Polk county for an injunction restraining such violation or
4imminently threatened violation. Rules of civil procedure
51.1501 to 1.1511 regarding injunctions shall apply. However,
6the court shall grant a temporary injunction if it appears
7to the court that a violation has occurred or is imminently
8threatened; the plaintiff need not show that the violation
9or threatened violation would greatly or irreparably injure
10the plaintiff; and no bond shall be required of the plaintiff
11unless the court determines that a bond is necessary in
12the public interest. Failure to comply with any temporary
13or permanent injunction granted pursuant to this section
14shall constitute a contempt punishable pursuant to chapter
15665. The punishment shall not exceed five hundred dollars
16for an individual, or ten thousand dollars for a contractor
17organization or employer, for each day during which the failure
18to comply continues, or imprisonment in a county jail not
19exceeding six months, or both such fine and imprisonment. An
20individual or a contractor organization which makes an active,
21good-faith effort to comply fully with the injunction shall not
22be deemed to be in contempt.
234. If a contractor is held to be in contempt of court for
24failure to comply with an injunction pursuant to this section,
25or is convicted of violating this section, the contractor
26shall be ineligible to perform work under contract for the
27same employer for a period of twelve months. The employer
28shall immediately cease utilizing the labor of the contractor,
29but upon the contractor’s request, the court shall stay the
30cessation to permit further judicial proceedings.
315. If a contractor organization or any of its officers is
32held to be in contempt of court for failure to comply with
33an injunction pursuant to this section, or is convicted of
34violating this section, the contractor organization shall
35be immediately decertified, shall cease to represent the
-75-1bargaining unit, shall cease to receive any dues by checkoff,
2and may again be certified only after twelve months have
3elapsed from the effective date of decertification and only
4after a new election pursuant to section 20A.11. The penalties
5provided in this section may be suspended or modified by the
6court, but only upon request of the employer and only if the
7court determines the suspension or modification is in the
8interest of the employer and the contractors.
96. Each of the remedies and penalties provided by this
10section is separate and several, and is in addition to any
11other legal or equitable remedy or penalty.
12 Sec. 128. NEW SECTION. 20A.9 Bargaining unit determination.
131. Board determination of an appropriate bargaining unit
14shall be upon petition filed by an employer, contractor, or
15contractor organization.
162. Within thirty days of receipt of a petition, the board
17shall conduct a public hearing, receive written or oral
18testimony, and promptly thereafter file an order defining
19the appropriate bargaining unit. In defining the unit, the
20board shall take into consideration, along with other relevant
21factors, the principles of efficient administration of the
22employer’s business, the existence of a community of interest
23among contractors, the history and extent of contractor
24organization, geographical location, and the recommendations
25of the parties involved.
263. Appeals from such order shall be governed by the
27provisions of chapter 17A.
28 Sec. 129. NEW SECTION. 20A.10 Bargaining representative
29determination.
301. Board certification of a contractor organization as
31the exclusive bargaining representative of a bargaining unit
32shall be upon a petition filed with the board by an employer,
33contractor, or a contractor organization and an election
34conducted pursuant to 20A.11.
352. The petition of a contractor organization shall allege
-76-1that:
2a. The contractor organization has submitted a request to
3an employer to bargain collectively on behalf of a designated
4group of contractors.
5b. The petition is accompanied by written evidence
6that thirty percent of such contractors are members of the
7contractor organization or have authorized the organization
8to represent the contractors for the purposes of collective
9bargaining.
103. The petition of a contractor shall allege that a
11contractor organization which has been certified as the
12bargaining representative does not represent a majority of
13such contractors and that the petitioners do not want to be
14represented by a contractor organization or seek certification
15of a contractor organization.
164. The petition of an employer shall allege that the
17employer has received a request to bargain from a contractor
18organization which has not been certified as the bargaining
19representative of the contractors in an appropriate bargaining
20unit.
215. The board shall investigate the allegations of any
22petition and shall give reasonable notice of the receipt of
23such a petition to all contractors, contractor organizations,
24and employers named or described in such petitions or
25interested in the representation questioned. The board shall
26thereafter call an election under section 20A.11, unless:
27a. It finds that less than thirty percent of the contractors
28in the unit appropriate for collective bargaining support the
29petition for decertification or for certification.
30b. The appropriate bargaining unit has not been determined
31pursuant to section 20A.9.
32 Sec. 130. NEW SECTION. 20A.11 Elections.
331. Upon the filing of a petition for certification of a
34contractor organization, the board shall submit a question to
35the contractors at an election in the bargaining unit found
-77-1appropriate by the board. The question on the ballot shall
2permit the contractors to vote for no bargaining representation
3or for any contractor organization which has petitioned for
4certification or which has presented proof satisfactory to the
5board of support of ten percent or more of the contractors in
6the appropriate unit.
72. If a majority of the votes cast on the question is for no
8bargaining representation, the contractors in the bargaining
9unit found appropriate by the board shall not be represented by
10a contractor organization. If a majority of the votes cast on
11the question is for a listed contractor organization, then that
12organization shall represent the contractors in the bargaining
13unit found appropriate by the board.
143. If none of the choices on the ballot receive the vote of
15a majority of the contractors voting, the board shall conduct a
16runoff election among the two choices receiving the greatest
17number of votes.
184. Upon written objections filed by any party to the
19election within ten days after notice of the results of
20the election, if the board finds that misconduct or other
21circumstances prevented the contractors eligible to vote from
22freely expressing their preferences, the board may invalidate
23the election and hold a second election for the contractors.
245. Upon completion of a valid election in which the majority
25choice of the contractors voting is determined, the board shall
26certify the results of the election and shall give reasonable
27notice of the order to all contractor organizations listed
28on the ballot, the employers, and the contractors in the
29appropriate bargaining unit.
306. a. A petition for certification as exclusive bargaining
31representative of a bargaining unit shall not be considered
32by the board for a period of one year from the date of the
33noncertification of a contractor organization as the exclusive
34bargaining representative of that bargaining unit following a
35certification election. A petition for certification as the
-78-1exclusive bargaining representative of a bargaining unit shall
2also not be considered by the board if the bargaining unit is
3at that time represented by a certified exclusive bargaining
4representative.
5b. A petition for the decertification of the exclusive
6bargaining representative of a bargaining unit shall not be
7considered by the board for a period of one year from the date
8of its certification, or within one year of its continued
9certification following a decertification election, or during
10the duration of a collective bargaining agreement which, for
11purposes of this section, shall be deemed not to exceed two
12years. However, if a petition for decertification is filed
13during the duration of a collective bargaining agreement, the
14board shall award an election under this section not more than
15one hundred eighty days and not less than one hundred fifty
16days prior to the expiration of the collective bargaining
17agreement. If an contractor organization is decertified, the
18board may receive petitions under section 20A.10, provided that
19no such petition and no election conducted pursuant to such
20petition within one year from decertification shall include as
21a party the decertified contractor organization.
22 Sec. 131. NEW SECTION. 20A.12 Duty to bargain.
23Upon the receipt by an employer of a request from a
24contractor organization to bargain on behalf of contractors,
25the duty to engage in collective bargaining shall arise if the
26contractor organization has been certified by the board as the
27exclusive bargaining representative for the contractors in that
28bargaining unit.
29 Sec. 132. NEW SECTION. 20A.13 Procedures.
301. The contractor organization certified as the bargaining
31representative shall be the exclusive representative of
32all contractors in the bargaining unit and shall represent
33all contractors fairly. However, any contractor may meet
34and adjust individual complaints with an employer. To
35sustain a claim that a certified contractor organization has
-79-1committed a prohibited practice by breaching its duty of fair
2representation, a contractor must establish by a preponderance
3of the evidence action or inaction by the organization which
4was arbitrary, discriminatory, or in bad faith.
52. The contractor organization and the employer may
6designate any individual as its representative to engage in
7collective bargaining negotiations.
83. The contractor organization shall present its initial
9bargaining position to the employer at the first bargaining
10session. The employer shall present its initial bargaining
11position to the contractor organization at the second
12bargaining session, which shall be held no later than two
13weeks following the first bargaining session. Parties who by
14agreement are utilizing a cooperative alternative bargaining
15process may exchange their respective initial interest
16statements in lieu of initial bargaining positions.
174. The terms of a proposed collective bargaining agreement
18shall be made available to the contractors by the employer and
19reasonable notice shall be given to the contractors by the
20contractor organization prior to a ratification election. The
21collective bargaining agreement shall become effective only if
22ratified by a majority of those voting by secret ballot.
235. Terms of any collective bargaining agreement may be
24enforced by a civil action in the district court of the county
25in which the agreement was made upon the initiative of either
26party.
276. A collective bargaining agreement or arbitrator’s award
28shall not be valid or enforceable if its implementation would
29be inconsistent with any statutory requirement of employer.
30A collective bargaining agreement or arbitrator’s award may
31provide for benefits conditional upon specified condition, but
32the agreement shall provide either for automatic reduction of
33such conditional benefits or for additional bargaining if the
34conditions are not met.
357. If agreed to by the parties, nothing in this chapter
-80-1shall be construed to prohibit supplementary bargaining
2on behalf of contractors in a part of the bargaining unit
3concerning matters uniquely affecting those contractors or
4cooperation and coordination of bargaining between two or more
5bargaining units.
68. A contractor or any contractor organization shall not
7negotiate or attempt to negotiate directly with an employer
8or agent of an employer if the employer has appointed or
9authorized a bargaining representative for the purpose of
10bargaining with the contractors or their representative,
11unless the employer or agent is the designated bargaining
12representative.
139. The board shall provide, by rule, a date on which any
14impasse item must be submitted to binding arbitration and for
15such other procedures as deemed necessary to provide for the
16completion of negotiations of proposed collective bargaining
17agreements within reasonable time periods, which procedures may
18be waived by mutual agreement of the parties.
19 Sec. 133. NEW SECTION. 20A.14 Grievance procedures.
20An agreement with a contractor organization which is the
21exclusive representative of contractors in an appropriate unit
22may provide procedures for the consideration of contractor and
23contractor organization grievances over the interpretation and
24application of collective bargaining agreements. Negotiated
25procedures may provide for binding arbitration of contractor
26and contractor organization grievances over the interpretation
27and application of existing collective bargaining agreements.
28An arbitrator’s decision on a grievance may not change or
29amend the terms, conditions, or applications of the collective
30bargaining agreement. Such procedures shall provide for
31the invoking of arbitration only with the approval of the
32contractor organization in all instances, and in the case of a
33contractor grievance, only with the additional approval of the
34contractor. The costs of arbitration shall be shared equally
35by the parties.
-81-1 Sec. 134. NEW SECTION. 20A.15 Impasse procedures —
2agreement of parties.
31. As the first step in the performance of their duty to
4bargain, the employer and the contractor organization shall
5endeavor to agree upon impasse procedures, including a timeline
6for implementation of such procedures. If the parties fail
7to agree upon impasse procedures under the provisions of this
8section, the impasse procedures provided in sections 20A.16 and
920A.17 shall apply.
102. Parties who by agreement are utilizing a cooperative
11alternative bargaining process shall, at the outset of such
12process, agree upon a method and schedule for the completion
13of impasse procedures should they fail to reach a collective
14bargaining agreement through the use of such alternative
15bargaining process.
16 Sec. 135. NEW SECTION. 20A.16 Mediation.
17In the absence of an impasse agreement negotiated pursuant
18to section 20A.15 or the failure of either party to utilize
19its procedures, when the time period established pursuant to
20section 20A.13, subsection 9, has elapsed, the board shall,
21upon the request of either party, appoint an impartial and
22disinterested person to act as mediator. It shall be the
23function of the mediator to bring the parties together to
24effectuate a settlement of the dispute, but the mediator may
25not compel the parties to agree.
26 Sec. 136. NEW SECTION. 20A.17 Binding arbitration.
271. If an impasse persists ten days after the mediator has
28been appointed, the board shall have the power, upon request
29of either party, to arrange for arbitration, which shall be
30binding. The request for arbitration shall be in writing and a
31copy of the request shall be served upon the other party.
322. Each party shall serve its final offer on each of the
33impasse items upon the other party within four days of the
34board’s receipt of the request for arbitration. The parties
35may continue to negotiate all offers until an agreement is
-82-1reached or an award is rendered by the arbitrator. The full
2costs of arbitration under this section shall be shared equally
3by the parties to the dispute.
43. The submission of the impasse items to the arbitrator
5shall be limited to those items upon which the parties have
6not reached agreement. With respect to each such item, the
7arbitrator’s award shall be restricted to the final offers on
8each impasse item submitted by the parties to the arbitrator.
94. Upon the filing of the request for arbitration, a list
10of five arbitrators shall be served upon the parties by the
11board. Within five days of service of the list, the parties
12shall determine by lot which party shall remove the first name
13from the list and the parties shall then alternately remove
14names from the list until the name of one person remains, who
15shall become the arbitrator. The parties shall immediately
16notify the board of their selection and the board shall
17notify the arbitrator. After consultation with the parties,
18the arbitrator shall set a time and place for an arbitration
19hearing.
205. The arbitrator shall at no time engage in an effort to
21mediate or otherwise settle the dispute in any manner other
22than that prescribed in this section.
236. From the time the board notifies the arbitrator of the
24selection of the arbitrator until such time as the arbitrator’s
25selection on each impasse item is made, there shall be no
26discussion concerning recommendations for settlement of the
27dispute by the arbitrator with parties other than those who are
28direct parties to the dispute.
297. The arbitrator shall consider, in addition to any other
30relevant factors, the following factors:
31a. Past collective bargaining contracts between the parties
32including the bargaining that led up to such contracts.
33b. Comparison of wages, hours, and conditions of labor of
34the involved contractors with those of other contractors doing
35comparable work, giving consideration to factors peculiar to
-83-1the area and the classifications involved.
2c. The interests and welfare of the contractors, the ability
3of the employer to finance economic adjustments, and the effect
4of such adjustments on the normal business standards of the
5employer.
68. The arbitrator may administer oaths, examine witnesses
7and documents, take testimony and receive evidence, and
8issue subpoenas to compel the attendance of witnesses and
9the production of records. The arbitrator may petition the
10district court at the seat of government or of the county
11in which the hearing is held to enforce the order of the
12arbitrator compelling the attendance of witnesses and the
13production of records.
149. The arbitrator shall select within fifteen days after
15the hearing the most reasonable offer, in the arbitrator’s
16judgment, of the final offers on each impasse item submitted
17by the parties.
1810. The selections by the arbitrator and items agreed upon
19by the employer and the contractor organization shall be deemed
20to be the collective bargaining agreement between the parties.
2111. The determination of the arbitrator shall be final and
22binding subject to the provisions of section 20A.13, subsection
236. The arbitrator shall give written explanation for the
24arbitrator’s selections and inform the parties of the decision.
25 Sec. 137. NEW SECTION. 20A.18 Legal actions.
26Any contractor organization and employer may sue or be sued
27as an entity under the provisions of this chapter. Service
28upon the employer shall be in accordance with law or the rules
29of civil procedure. Nothing in this chapter shall be construed
30to make any individual or the individual’s assets liable for
31any judgment against an employer or a contractor organization.
32 Sec. 138. NEW SECTION. 20A.19 Internal conduct of
33contractor organizations.
341. Every contractor organization which is certified as
35a representative of contractors under the provisions of this
-84-1chapter shall file with the board a registration report,
2signed by its president or other appropriate officer. The
3report shall be in a form prescribed by the board and shall
4be accompanied by two copies of the contractor organization’s
5constitution and bylaws. A filing by a national or
6international contractor organization of its constitution and
7bylaws shall be accepted in lieu of a filing of such documents
8by each subordinate organization. All changes or amendments
9to such constitutions and bylaws shall be promptly reported to
10the board.
112. Every contractor organization shall file with the board
12an annual report and an amended report whenever changes are
13made. The reports shall be in a form prescribed by the board,
14and shall provide the following information:
15a. The names and addresses of the organization, any parent
16organization or organizations with which it is affiliated, the
17principal officers, and all representatives.
18b. The name and address of its local agent for service of
19process.
20c. A general description of the contractors the organization
21represents or seeks to represent.
22d. The amounts of the initiation fee and monthly dues
23members must pay.
24e. A pledge, in a form prescribed by the board, that the
25organization will comply with the laws of the state and that it
26will accept members without regard to age, race, sex, religion,
27national origin, or physical disability as provided by law.
28f. A financial report and audit.
293. The constitution or bylaws of every contractor
30organization shall provide that:
31a. Accurate accounts of all income and expenses shall
32be kept, and annual financial reports and audits shall be
33prepared, such accounts shall be open for inspection by any
34member of the organization, and loans to officers and agents
35shall be made only on terms and conditions available to all
-85-1members.
2b. Business or financial interests of its officers and
3agents, their spouses, minor children, parents, or otherwise,
4that conflict with the fiduciary obligation of such persons to
5the organization shall be prohibited.
6c. Every official or employee of a contractor organization
7who handles funds or other property of the organization, or
8trust in which an organization is interested, or a subsidiary
9organization, shall be bonded. The amount, scope, and form of
10the bond shall be determined by the board.
114. The governing rules of every contractor organization
12shall provide for periodic elections by secret ballot subject
13to recognized safeguards concerning the equal right of all
14members to nominate, seek office, and vote in such elections,
15the right of individual members to participate in the affairs
16of the organization, and fair and equitable procedures in
17disciplinary actions.
185. The board shall prescribe rules necessary to govern the
19establishment and reporting of trusteeships over contractor
20organizations. Establishment of such trusteeships shall
21be permitted only if the constitution or bylaws of the
22organization set forth reasonable procedures.
236. A contractor organization that has not registered or
24filed an annual report, or that has failed to comply with other
25provisions of this chapter, shall not be certified. Certified
26contractor organizations failing to comply with this chapter
27may have such certification revoked by the board. Prohibitions
28may be enforced by injunction upon the petition of the board to
29the district court of the county in which the violation occurs.
30Complaints of violation of this section shall be filed with the
31board.
327. Upon the written request of any member of a certified
33contractor organization, the auditor of state may audit the
34financial records of the certified contractor organization.
35 Sec. 139. NEW SECTION. 20A.20 Contractor organizations —
-86-1political contributions.
21. A contractor organization shall not make any direct
3or indirect contribution out of the funds of the contractor
4organization to any political party or organization or in
5support of any candidate for elective public office.
62. Any contractor organization which violates the
7provisions of this section or fails to file any required report
8or affidavit or files a false report or affidavit shall, upon
9conviction, be subject to a fine of not more than two thousand
10dollars.
113. Any person who willfully violates this section, or
12who makes a false statement knowing it to be false, or who
13knowingly fails to disclose a material fact shall, upon
14conviction, be subject to a fine of not more than one thousand
15dollars or imprisoned for not more than thirty days or shall be
16subject to both such fine and imprisonment. Each individual
17required to sign affidavits or reports under this section shall
18be personally responsible for filing such report or affidavit
19and for any statement contained therein the individual knows
20to be false.
214. Nothing in this section shall be construed to prohibit
22voluntary contributions by individuals to political parties or
23candidates.
245. Nothing in this section shall be construed to limit or
25deny any civil remedy which may exist as a result of action
26which may violate this section.
27 Sec. 140. NEW SECTION. 20A.21 Conflict with federal aid.
28If any provision of this chapter jeopardizes the receipt by
29the state or any of its political subdivisions of any federal
30grant-in-aid funds or other federal allotment of moneys, the
31provisions of this chapter shall, insofar as the fund is
32jeopardized, be deemed to be inoperative.
33 Sec. 141. NEW SECTION. 20A.22 Inconsistent statutes —
34effect.
35A provision of the Code which is inconsistent with any
-87-1term or condition of a collective bargaining agreement which
2is made final under this chapter shall supersede the term
3or condition of the collective bargaining agreement unless
4otherwise provided by the general assembly. A provision of a
5proposed collective bargaining agreement negotiated according
6to this chapter which conflicts with the Code shall not become
7a provision of the final collective bargaining agreement
8until the general assembly has amended the Code to remove the
9conflict.
10 Sec. 142. NEW SECTION. 20A.23 Mediator privilege.
111. As used in this section, unless the context otherwise
12requires:
13a. “Mediation” means a process in which an impartial person
14attempts to facilitate the resolution of a dispute by promoting
15voluntary agreement of the parties to the dispute. Mediation
16shall be deemed to commence upon the mediator’s receipt of
17notice of assignment and shall be deemed to conclude when the
18dispute is resolved.
19b. “Mediator” means a member or employee of the board or
20any other person appointed or requested by the board to assist
21parties in resolving disputes involving collective bargaining
22impasses, contested cases, other agency cases, or contract
23grievances.
242. A mediator shall not be required to testify in any
25judicial, administrative, or grievance proceeding regarding
26any matters occurring in the course of a mediation, including
27any verbal or written communication or behavior, other than
28facts relating exclusively to the timing or scheduling of
29mediation. A mediator shall not be required to produce or
30disclose any documents, including notes, memoranda, or other
31work product relating to mediation, other than documents
32relating exclusively to the timing or scheduling of mediation.
33This subsection shall not apply in any of the following
34circumstances:
35a. The testimony, production, or disclosure is required by
-88-1statute.
2b. The testimony, production, or disclosure provides
3evidence of an ongoing or future criminal activity.
4c. The testimony, production, or disclosure provides
5evidence of child abuse as defined in section 232.68,
6subsection 2.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to various matters concerning employment.
11DIVISION I — ESSENTIAL EMPLOYEES — PREMIUM PAY. During
12a period of infectious disease emergency, as defined in the
13division, an employer shall pay an essential employee, as
14defined in this division, premium pay, in addition to any other
15wages or benefits to which the employee is entitled. Premium
16pay shall be paid at the same time and in the same manner as an
17essential employee’s regular wages.
18The division requires the labor commissioner to establish
19the rate or amount of premium pay to which an essential worker
20is entitled by rule. The division provides procedures for the
21commissioner to carry out the requirements of the division.
22The division authorizes the commissioner to establish
23different rates or amounts of premium pay by rule for different
24occupations held by essential employees.
25The division applies to pay periods beginning on or after the
26effective date of rules adopted by the labor commissioner to
27implement the division and takes effect upon enactment.
28DIVISION II — MINIMUM WAGE. This division increases the
29state minimum hourly wage to $8.20 as of July 1, 2021, $9.15
30as of July 1, 2022, $10.10 as of January 1, 2023, $11.05 as of
31July 1, 2023, $12.00 as of January 1, 2024, $12.95 as of July
321, 2024, $13.90 as of January 1, 2025, and $15.00 as of July 1,
332025. The division increases the state minimum hourly wage for
34employees employed for less than 90 days to $7.20 as of July 1,
352021, $8.05 as of July 1, 2022, $8.85 as of January 1, 2023,
-89-1$9.70 as of July 1, 2023, $10.55 as of January 1, 2024, $11.40
2as of July 1, 2024, $12.25 as of January 1, 2025, and $13.20 as
3of July 1, 2025.
4The division increases the state minimum hourly wage,
5including the minimum hourly wage established for employees
6employed for less than 90 days, annually on July 1, beginning
7July 1, 2026, by the same percentage as the cost-of-living
8increase in social security benefits effective as of the
9previous December, as authorized by the federal social security
10administration.
11The division increases the dollar amount of monthly tips an
12employee must receive in order to be subject to an alternative
13minimum wage calculation for employees who receive tips from
14$30 to $100.
15The division authorizes a county or city to establish a
16minimum wage that exceeds the state hourly wage and the federal
17minimum wage.
18PUBLIC EMPLOYMENT MATTERS — BACKGROUND. Divisions
19III through VII of the bill relate to employment matters
20involving public employees including collective bargaining,
21educator employment matters, personnel records and settlement
22agreements, city civil service requirements, and health
23insurance matters. The divisions generally strike statutory
24changes made by 2017 Iowa Acts, House File 291, and restore
25statutory language in effect prior to the enactment of 2017
26Iowa Acts, House File 291.
27DIVISION III — PUBLIC EMPLOYEE COLLECTIVE BARGAINING.
28 This division makes a variety of changes to Code chapter
2920, the public employment relations Act, as well as other
30Code provisions relating to collective bargaining by public
31employees.
32ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE
33CATEGORIES. The division eliminates public safety employees
34and transit employees as separate categories of employees for
35the purposes of public employee collective bargaining, making
-90-1affected provisions of Code chapter 20 applicable to all public
2employees governed by Code chapter 20.
3SCOPE OF NEGOTIATIONS. The division makes changes to
4subjects which are negotiated through collective bargaining
5between public employers and public employees under Code
6section 20.9.
7The division provides that the scope of negotiations for
8all public employees shall consist of wages, hours, vacations,
9insurance, holidays, leaves of absence, shift differentials,
10overtime compensation, supplemental pay, seniority, transfer
11procedures, job classifications, health and safety matters,
12evaluation procedures, procedures for staff reduction,
13in-service training, dues checkoff, grievance procedures for
14resolving any questions arising under the agreement, and
15other matters mutually agreed upon. The division provides
16that retirement systems shall be excluded from the scope of
17negotiations.
18The division strikes language providing that mandatory
19subjects of negotiation under Code section 20.9 shall be
20interpreted narrowly and restrictively. The division strikes
21language limiting the term of a collective bargaining agreement
22entered into pursuant to Code chapter 20 to a maximum of five
23years.
24ARBITRATION PROCEDURES. The division makes changes to the
25procedures for arbitration of impasses in collective bargaining
26between public employers and public employees under Code
27section 20.22.
28The division modifies the factors that an arbitrator is
29required to consider in addition to any other relevant factors
30in making a final determination on an impasse item. The
31division requires an arbitrator to consider past collective
32bargaining contracts between the parties including the
33bargaining that led up to such contracts; comparison of wages,
34hours, and conditions of employment of the involved public
35employees with those of other public employees doing comparable
-91-1work, giving consideration to factors peculiar to the area and
2the classifications involved; the interests and welfare of the
3public, the ability of the public employer to finance economic
4adjustments, and the effect of such adjustments on the normal
5standard of services; and the power of the public employer
6to levy taxes and appropriate funds for the conduct of its
7operations.
8The division strikes language permitting the parties to
9agree to change the four-day deadline to serve final offers on
10impasse items after a request for arbitration is received.
11The division strikes language prohibiting the parties to an
12arbitration from introducing, and the arbitrator from accepting
13or considering, any direct or indirect evidence regarding any
14subject excluded from negotiations pursuant to Code section
1520.9.
16The division strikes language providing for a maximum
17increase in base wages in an arbitrator’s award.
18PUBLIC EMPLOYEE ELECTIONS. The division makes changes to
19public employee elections conducted pursuant to Code section
2020.15.
21The division strikes language providing for retention and
22recertification elections and requires the public employment
23relations board (PERB) to cancel any such elections scheduled
24or in process. The division requires the PERB to consider a
25petition for certification of an employee organization as the
26exclusive representative of a bargaining unit for which an
27employee organization was not retained and recertified as the
28exclusive representative of that bargaining unit regardless of
29the amount of time that has elapsed since the retention and
30recertification election, notwithstanding prior requirements
31prohibiting such consideration for two years.
32The division provides that the outcome of a certification
33or decertification election is determined by a majority vote
34of the members of the bargaining unit voting, rather than the
35total membership of the bargaining unit. The division provides
-92-1for a runoff election if none of the choices on the ballot in a
2certification election receives a majority vote of the members
3of the bargaining unit voting.
4The division lowers the required percentage of support
5from employees in a bargaining unit required for an employee
6organization that did not submit a petition for certification
7as the exclusive bargaining representative of a bargaining unit
8to be listed on the ballot for a certification election from 30
9percent to 10 percent.
10The division strikes language prohibiting the PERB from
11considering a petition for certification as the exclusive
12bargaining representative of a bargaining unit unless a
13period of two years has elapsed from the date of the last
14certification election in which an employee organization
15was not certified as the exclusive representative of that
16bargaining unit or of the last decertification election in
17which an employee organization was decertified as the exclusive
18representative of that bargaining unit. The division prohibits
19the PERB from considering a petition for certification as the
20exclusive bargaining representative of a bargaining unit for
21one year after the employee organization is not certified in a
22certification election. The division makes additional changes
23relating to the scheduling of decertification elections.
24EMPLOYEE ORGANIZATION DUES. The division strikes a
25prohibition on public entities authorizing or administering
26a deduction from the salaries or wages of its employees for
27membership dues to an employee organization. The division
28provides procedures for administering such dues deductions.
29PERB DUTIES. The division provides that the PERB may
30interpret and apply, as well as administer, Code chapter 20.
31The division strikes language permitting the PERB to
32appoint a certified shorthand reporter to report state employee
33grievance and discipline resolution proceedings, to contract
34with a vendor to conduct elections, to establish fees to cover
35the cost of elections, and to retain certain funds collected by
-93-1the PERB as repayment receipts.
2STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A
3GUBERNATORIAL ELECTION YEAR. The division strikes language
4providing for modified collective bargaining procedures for a
5proposed, statewide collective bargaining agreement to become
6effective in the year following a general election in which the
7governor and certain other elected officials are elected.
8CONFIDENTIAL RECORDS. The division strikes language
9providing that certain information relating to elections
10conducted by the PERB is a confidential record under Code
11chapter 22, the state open records law.
12MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE
13COLLECTIVE BARGAINING. The division strikes a definition of
14“supplemental pay”.
15The division strikes language providing that a public
16employer has the right to evaluate public employees in
17positions within the public agency. The division strikes
18language providing that a public employee has the right under
19Code section 20.8 to exercise any right or seek any remedy
20provided by law, including but not limited to Code sections
2170A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code
22chapters 216 and 400.
23The division transfers language in Code section 20.10
24prohibiting a public employee or any employee organization
25from negotiating or attempting to negotiate directly with a
26member of the governing board of a public employer if the
27public employer has appointed or authorized a bargaining
28representative for the purpose of bargaining with the public
29employees or their representative to Code section 20.17.
30The division decreases the amount of time before an employee
31organization decertified as the exclusive representative of a
32bargaining unit for violating an injunction against an unlawful
33strike can be certified again from 24 months to 12 months.
34The division strikes language prohibiting voluntary
35contributions by individuals to political parties or candidates
-94-1through payroll deductions.
2The division strikes a requirement that a copy of a final
3collective bargaining agreement be filed with the PERB by
4the public employer within 10 days of the agreement being
5entered into. The division strikes a requirement that the
6PERB maintain an internet site that allows searchable access
7to a database of collective bargaining agreements and other
8collective bargaining information.
9The division changes the period before retirement for a
10prohibited voluntary reduction to a nonsupervisory rank or
11grade by a supervisor and related ineligibility for benefits
12from 36 months to six months.
13The division strikes language providing that a mediator
14shall not be required to testify in any arbitration proceeding
15regarding any matters occurring in the course of a mediation.
16The division requires a council, board of waterworks, or
17other board or commission which establishes a pension and
18annuity retirement system pursuant to Code chapter 412 to
19negotiate in good faith with a certified employee organization
20which is the collective bargaining representative of the
21employees, with respect to the amount or rate of the assessment
22on the wages and salaries of employees and the method or
23methods for payment of the assessment by the employees.
24The division makes additional conforming changes.
25TRANSITION PROVISIONS — DEADLINE. The division requires
26parties, mediators, and arbitrators engaging in any collective
27bargaining procedures provided for in Code chapter 20, Code
282021, who have not, before the effective date of the division,
29completed such procedures, to immediately terminate any such
30procedures in process as of the effective date of the division.
31The division provides that a collective bargaining agreement
32negotiated pursuant to such procedures in process shall not
33become effective. The division prohibits parties, mediators,
34and arbitrators from engaging in further collective bargaining
35procedures except as provided in the division. The division
-95-1requires such parties to commence collective bargaining in
2accordance with Code section 20.17, as amended by the division.
3The division requires such parties to complete such bargaining
4not later than June 30, 2021, unless the parties mutually agree
5to a different deadline.
6The division requires the PERB to adopt emergency rules to
7implement these requirements. The division also requires the
8department of administrative services to adopt emergency rules
9to implement the provisions of the division relating to dues
10deductions.
11EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
12takes effect upon enactment.
13With the exception of the section of the division amending
14Code section 20.6, subsection 1, the division does not apply
15to collective bargaining agreements which have been ratified
16in a ratification election, for which an arbitrator has made
17a final determination, or which have become effective, where
18such events occurred before the effective date of the division.
19The division applies to all collective bargaining procedures
20provided for in Code chapter 20 occurring on and after the
21effective date of the division and collective bargaining
22agreements for which a ratification election is held, for which
23an arbitrator makes a final determination, or which become
24effective on or after the effective date of the division.
25DIVISION IV — EDUCATOR EMPLOYMENT MATTERS. This division
26makes a variety of changes relating to educator employment
27matters.
28TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division
29makes various changes relating to the termination of teacher
30employment contracts.
31The division shortens various procedural deadlines
32regarding private hearings held after a superintendent
33recommends termination of a teacher’s employment contract.
34The division makes participation in such a private hearing
35by the superintendent, the superintendent’s designated
-96-1representatives, the teacher’s immediate supervisor, the
2teacher, and the teacher’s representatives mandatory on the
3part of those individuals instead of discretionary. The
4division requires that the school board employ a certified
5shorthand reporter to keep a record of a private hearing.
6The division requires the school board to issue subpoenas
7for witnesses and evidence on behalf of the board and the
8teacher. The division provides for a judicial remedy if a
9witness appears and refuses to testify or to produce required
10books or papers at a private hearing. The division authorizes
11the superintendent and the teacher to file written briefs and
12arguments with the board at the conclusion of the private
13hearing. The division provides deadlines for determining
14the status of the teacher’s contract if the teacher does not
15request a private hearing. The division requires that the
16decision of the board include findings of fact and conclusions
17of law. The division strikes language authorizing a school
18board which votes to continue a teacher’s contract to issue
19the teacher a one-year, nonrenewable contract. The division
20permits a teacher to appeal the board’s determination to an
21adjudicator and provides procedures for such appeals.
22TEACHER PROBATIONARY PERIODS. The division makes various
23changes relating to probationary employment of teachers.
24The division decreases from two years to one year the
25length of a teacher’s probationary employment period in a
26school district if the teacher has successfully completed a
27probationary period of employment for another school district
28located in Iowa.
29The division provides that requirements for notices of
30termination, private hearings, and appeals applicable to
31nonprobationary teachers whose employment contracts are
32terminated are applicable to probationary teachers whose
33employment contracts are terminated. The division strikes
34alternative procedures for the termination of employment
35contracts of such probationary teachers, including notification
-97-1procedures and the opportunity to request a private conference
2with the school board.
3EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS.
4 The division makes various changes relating to extracurricular
5interscholastic athletic coach employment contracts.
6The division provides that wages for such coaches shall be
7paid pursuant to established or negotiated supplemental pay
8schedules. The division provides that employment contracts
9of such coaches shall be continued automatically in force and
10effect for equivalent periods and that the termination of such
11contracts follows procedures similar to those used for teacher
12contracts. The division strikes language providing that
13employment contracts of such coaches may be terminated prior to
14their expiration for any lawful reason following an informal,
15private hearing before the school board. The division strikes
16language providing that the decision of the school board to
17terminate such a contract is final.
18SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes
19various changes relating to school administrator employment
20matters.
21The division provides that the rate of compensation in an
22administrator’s employment contract must be on a weekly or
23monthly basis.
24The division strikes language authorizing a school board to
25issue a temporary employment contract to an administrator for
26a period of up to nine months.
27The division strikes language authorizing a school board to
28issue a one-year, nonrenewable employment contract and instead
29authorizes a school board considering the termination of an
30administrator’s contract and the administrator to mutually
31agree to enter into such a contract.
32The division decreases the probationary employment period
33for administrators from three years to two years and authorizes
34a school board to waive the probationary period for an
35administrator who previously served a probationary period in
-98-1another school district.
2The division strikes language providing that a hearing
3before an administrative law judge requested by an
4administrator whose employment contract a school board is
5considering terminating shall be a private hearing. The
6division reduces certain procedural deadlines relating to such
7hearings. The division strikes language providing that any
8witnesses for the parties at the hearing shall be sequestered.
9The division requires that the decision of the board include
10findings of fact and conclusions of law. The division strikes
11language authorizing a school board which votes to continue an
12administrator’s contract to issue the administrator a one-year,
13nonrenewable contract.
14INTENSIVE ASSISTANCE PROGRAMS. The division makes various
15changes relating to intensive assistance programs.
16The division strikes language providing that a teacher who
17has previously participated in an intensive assistance program
18relating to particular Iowa teaching standards or criteria
19shall not be entitled to participate in another intensive
20assistance program relating to the same standards or criteria.
21The division strikes language providing that following a
22teacher’s participation in an intensive assistance program, the
23teacher shall be reevaluated to determine whether the teacher
24successfully completed the intensive assistance program and
25is meeting district expectations under the applicable Iowa
26teaching standards or criteria. The division strikes language
27providing that if the teacher did not successfully complete
28the intensive assistance program or continues not to meet the
29applicable Iowa teaching standards or criteria, the board may
30initiate procedures to terminate the teacher’s employment
31contract immediately or at the end of the school year or may
32continue the teacher’s contract for a period not to exceed one
33year on a nonrenewable basis and without the right to a private
34hearing.
35MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT
-99-1MATTERS. The division strikes language authorizing a school
2board to issue a temporary employment contract to a teacher for
3a period of up to six months.
4The division strikes language providing that just cause
5for which a teacher may be discharged at any time during the
6contract year under Code section 279.27 includes but is not
7limited to a violation of the code of professional conduct
8and ethics of the board of educational examiners if the board
9has taken disciplinary action against a teacher during the
10six months following issuance by the board of a final written
11decision and finding of fact after a disciplinary proceeding.
12The division either authorizes or requires a school board
13and its certified bargaining representative to negotiate
14various matters pursuant to Code chapter 20.
15The division makes additional conforming changes.
16EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
17takes effect upon enactment.
18The division applies to employment contracts of school
19employees entered into pursuant to Code chapter 279 on and
20after the effective date of the division. The division does
21not apply to collective bargaining agreements pursuant to Code
22chapter 20 which have been ratified in a ratification election,
23for which an arbitrator has made a final determination, or
24which have become effective, where such events occurred before
25the effective date of the division. The division applies to
26all collective bargaining procedures provided for in Code
27chapter 20 occurring on and after the effective date of the
28division and collective bargaining agreements pursuant to Code
29chapter 20 for which a ratification election is held, for which
30an arbitrator makes a final determination, or which become
31effective on or after the effective date of the division.
32DIVISION V — PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS.
33 This division makes changes relating to public employee
34personnel records and settlement agreements.
35PERSONNEL RECORDS. The division strikes language providing
-100-1that certain information relating to the discipline,
2resignation, discharge, or demotion of a public employee is a
3public record and requiring notice to affected employees.
4PERSONNEL SETTLEMENT AGREEMENTS. The division also strikes
5language prohibiting a personnel settlement agreement between
6the state and a state executive branch employee that contains
7confidentiality or nondisclosure provisions that attempt to
8prevent the disclosure of the agreement.
9EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
10takes effect upon enactment.
11The division applies to requests for records submitted on or
12after the effective date of the division.
13DIVISION VI — CITY CIVIL SERVICE REQUIREMENTS. This
14division makes a variety of changes relating to city civil
15service requirements under Code chapter 400.
16SENIORITY RIGHTS. The division strikes language permitting
17a city council to extinguish statutory seniority rights of
18all city civil service employees who are not employed or
19appointed as a fire fighter or police officer, fire chief or
20police chief, or assistant fire chief or assistant police
21chief, unless otherwise provided in a collective bargaining
22agreement. The division reestablishes any such rights so
23extinguished, including accrual of seniority during the period
24of extinguishment.
25ADVERSE EMPLOYMENT ACTIONS — GROUNDS AND PROCEDURES.The
26division provides that adverse employment action may be taken
27against a city civil service employee for neglect of duty,
28disobedience, misconduct, or failure to properly perform the
29person’s duties. The division strikes language permitting
30such action to be taken due to any act or failure to act by
31the employee that is in contravention of law, city policies,
32or standard operating procedures, or that in the judgment
33of the person having the appointing power as provided in
34this Code chapter, or the chief of police or chief of the
35fire department, is sufficient to show that the employee is
-101-1unsuitable or unfit for employment.
2The division strikes language providing that the scope of
3review for an appeal to district court from a civil service
4commission shall be limited to de novo appellate review without
5a trial or additional evidence, instead providing that the
6appeal shall be a trial de novo as an equitable action.
7DIMINUTION OF EMPLOYEES. The division provides that a
8diminution of city employees by a city council can only be
9implemented when the public interest requires. The division
10permits a diminution to be carried out either by abolishing
11an office and removing the employee from the employee’s
12classification or grade thereunder, or reducing the number of
13employees in any classification or grade by suspending the
14necessary number. The division provides for such removal to be
15carried out based on seniority and requires that employees so
16removed be placed on a preferred list for at least three years
17for purposes of appointments or promotions made during that
18period to the person’s former duties.
19MISCELLANEOUS PROVISIONS. The division makes changes in
20terminology relating to adverse employment actions for city
21civil service employees.
22The division makes additional conforming changes.
23EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
24takes effect upon enactment.
25The division applies to employment actions taken on or after
26the effective date of the division.
27DIVISION VII — HEALTH INSURANCE MATTERS. This division
28strikes a requirement that a public employer offer health
29insurance to all permanent, full-time public employees employed
30by the public employer.
31EFFECTIVE DATE. The division takes effect upon enactment.
32DIVISION VIII — FAMILY AND MEDICAL LEAVE INSURANCE. This
33division relates to a family leave and medical leave insurance
34program (program), administered by the director of the
35department of workforce development, that provides for paid,
-102-1job-protected leave for certain family leave and medical leave
2reasons for eligible employees of specified employers.
3An employee is eligible for family leave and medical
4leave after working for a covered employer, as defined in
5the division, for a minimum of 12 consecutive months and a
6minimum of 1,250 hours during the 12 consecutive-month period
7immediately preceding the employee’s request for leave.
8“Family leave” and “medical leave” are defined in the division.
9Family leave includes leave to care for an immediate family
10member with a serious health condition, to bond with a newborn
11child or adopted or foster child, or for a qualifying exigency
12for a family member as permitted under the federal Family
13and Medical Leave Act of 1993, as amended (FMLA). Medical
14leave includes leave due to the employee’s own serious health
15condition. “Serious health condition” is defined in the
16division.
17The division provides that an eligible employee may not
18receive more than 12 weeks of family leave, 12 weeks of medical
19leave, or 16 weeks of combined family and medical leave in a
20defined consecutive 12-month period. The defined consecutive
2112-month period begins on the date of the birth of a child
22or placement of a child for adoption or foster care with an
23eligible employee, or on the first date that an eligible
24employee takes either family leave or medical leave. The
25minimum duration of leave an eligible employee may take is
26eight consecutive hours.
27The division disqualifies an employee from family leave and
28medical leave benefits under circumstances detailed in the
29division.
30An employee must provide a minimum of 30 days’ notice
31to an employer of the employee’s intent to take leave. If
32circumstances require an employee’s leave to begin in less
33than 30 days, the employee must give as much notice as is
34practicable. If an eligible employee requests medical leave
35or family leave, the employee must make a reasonable effort to
-103-1schedule their own, or their family member’s medical treatment,
2to not unduly disrupt the employer’s operations.
3The division requires an eligible employee to file a claim
4for benefits as required by the director. The employee
5must consent to the disclosure of private or confidential
6information to and from the department, and the employee’s
7employer, for administration of the leave. The division
8specifies that such information is not a public record pursuant
9to Code section 22.1. The employee must attest that the
10employee has provided notice of intent to take leave to the
11employee’s employer. The employee must also authorize the
12employee’s, or the employee’s family member’s health care
13provider, to complete a certification of a serious health
14condition.
15The division provides for a seven-day waiting period before
16benefits are payable. There is no waiting period for benefits
17for leave for the birth of a child or placement of a child for
18adoption or foster care.
19The basis for the calculation of the amount of a family
20leave or medical leave benefit is an eligible employee’s weekly
21earnings as defined in the division. The weekly leave benefit
22amount payable to an employee is detailed in the division.
23The department must send the first benefit payment to an
24eligible employee within 10 days after a properly completed
25weekly claim for benefits is received by the department. If
26the employee continues to submit a properly completed weekly
27claim, subsequent payments are to be made at least biweekly.
28If an employer, or the department, contests an employee’s
29eligibility, benefit payments may be made on a conditional
30basis. The employee is required to pay the benefits back if
31the department later rules that the employee is ineligible for
32the benefits.
33The division provides that the program shall be funded via
34employee and employer contributions. Beginning on January 1,
352024, and ending on December 31, 2025, the department must
-104-1assess a covered employer a premium rate of four-tenths of one
2percent of an employee’s weekly wages, subject to a maximum as
3determined by the director based on the maximum wages subject
4to taxation for social security. One-third of the premium
5is to be used to fund family leave insurance benefits and
6two-thirds of the premium is to be used to fund medical leave
7benefits. A covered employer may deduct up to 45 percent of
8the medical leave premium and 45 percent of the family leave
9premium from an employee’s wage. The employer must pay the
10remaining 55 percent of both the medical leave and family
11leave premiums, and may elect to pay all or any portion of its
12employees’ share of such premiums. Beginning January 1, 2026,
13the premium rate shall be calculated by the director based on
14the family leave and medical leave insurance account balance
15ratio as of September 30 of the previous calendar year. The
16premium rate is adjusted based on the balance ratio as detailed
17in the division.
18On September 30 of each year, the division requires the
19department to average the number of employees reported by an
20employer over the last four completed calendar quarters to
21determine if the employer is a covered employer for the next
22calendar year.
23The division requires a covered employer to collect all
24assessed premiums and surcharges from the employer’s employees
25through payroll deduction and to remit all premiums to the
26department as required by the director.
27An employer may apply for, and the director must grant, a
28waiver of premiums for an employee who is located physically
29outside of the state and not expected to work in the state for
301,250 or more hours in any consecutive 12-month period. If
31the employee subsequently works 1,250 or more hours within
32the state, the employer and employee are responsible for all
33premiums that should have been collected.
34Self-employed persons may elect to participate in the
35program as detailed in the division.
-105- 1An eligible employee who takes family leave or medical leave
2is entitled to restoration of employment equal to but not
3greater than that provided by FMLA. The division provides that
4if required under FMLA, an employer must maintain any existing
5health benefits during an employee’s leave. If the employer
6and employee normally share the cost of such, the employee is
7responsible for paying the employee’s share of the costs.
8A covered employer must submit reports as required by the
9director and maintain employment records for each employee
10from which the director may obtain information related to an
11employee’s leave. Such records must be maintained for 10
12years.
13The division provides that family leave or medical leave
14shall be in addition to leave required under state or federal
15law for sickness or temporary disability due to pregnancy or
16childbirth. The division requires family leave or medical
17leave taken under this program to be taken concurrently with
18leave taken under FMLA. A covered employer may allow an
19employee to choose to use either accrued sick or vacation
20benefits, or family leave and medical leave benefits. An
21employee cannot receive family or medical leave benefits at
22the same time the employee is receiving state or federal
23unemployment, workers’ compensation, or disability benefits.
24The division prohibits discrimination on the basis of any state
25or federally protected category.
26The division requires the director to administer the program
27and to provide outreach to ensure that employers and employees
28are aware of the program and the benefits available under such.
29The division provides that a family leave and medical leave
30insurance account shall be created in the custody of the
31treasurer of state. The director shall deposit all premiums
32collected from employers into such account and the account can
33only be used for the program as authorized by the director.
34The division requires the director to adopt rules as
35necessary to implement and administer the provisions of
-106-1the division. The director may take any action under the
2director’s authority to enforce compliance with the division.
3Code section 84A.1(1) is amended to require the department
4of workforce development to administer the laws relating to the
5program.
6The director is required to analyze the funding of the
7program and the benefits payable from the program’s account.
8The director shall determine if the premium rates and the
9benefit levels are appropriate to fully fund and maintain the
10solvency of the program. The director must submit the findings
11to the general assembly no later than January 14, 2022.
12DIVISION IX — INFECTIOUS DISEASE EMERGENCY RESPONSE. This
13division requires the labor commissioner to provide for a
14temporary emergency standard under Code chapter 88, the state
15occupational safety and health law, if the federal secretary
16of labor provides for a federal occupational safety and
17health standard, including an emergency temporary standard,
18or provides any other guideline or recommendation, relating
19to an infectious disease that is the subject of a period of
20infectious disease emergency, as defined in the division. The
21emergency standards must include a requirement for employers
22to provide employees with personal protective equipment and
23sanitizing liquid at no cost and a requirement for employers
24to notify employees of confirmed positive cases of the disease
25within 24 hours. The division requires the commissioner to
26initiate procedures for promulgating a permanent standard
27within one month if the period remains in effect.
28The division requires the labor services division of the
29department of workforce development to respond to any complaint
30of a violation of Code chapter 88 during a period of infectious
31disease emergency that pertains to the infectious disease
32within 24 hours of receiving the complaint. The division
33provides procedures for responding to such complaints and
34carrying out related investigations.
35Violations of Code chapter 88 are subject to civil penalties
-107-1in amounts not to exceed maximum amounts set by federal
2law. Any employer who willfully violates any standard, rule,
3or order promulgated pursuant to Code section 88.5, or of
4any regulations prescribed pursuant to Code chapter 88, if
5the violation caused death to any employee, is guilty of a
6serious misdemeanor for a first conviction and an aggravated
7misdemeanor for a subsequent conviction. A serious misdemeanor
8is punishable by confinement for no more than one year and a
9fine of at least $430 but not more than $2,560. An aggravated
10misdemeanor is punishable by confinement for no more than two
11years and a fine of at least $855 but not more than $8,540.
12DIVISION X — COVID-19 RELATED LIABILITY. This division
13enacts Code chapter 686E, which provides standards for civil
14liability relating to COVID-19.
15The division provides that a person shall not bring or
16maintain a civil action alleging exposure or potential exposure
17to COVID-19 unless the civil action relates to a minimum
18medical condition, involves an act that was intended to cause
19harm, or involves an act that constitutes actual malice.
20The division provides that a person in Iowa shall not be
21held liable for civil damages for any injuries sustained from
22exposure or potential exposure to COVID-19 if the act or
23omission alleged to violate a duty of care was in substantial
24compliance or was consistent with any federal or state statute,
25regulation, order, or public health guidance related to
26COVID-19 that was applicable to the person or activity at issue
27at the time of the alleged exposure or potential exposure.
28The division provides standards for civil liability relating
29to COVID-19 for premises owners; health care providers; and
30persons who design, manufacture, label, sell, distribute, or
31donate certain materials relating to COVID-19.
32The division shall not be construed to affect the rights or
33limits under state law on workers’ compensation.
34Code chapter 686E is repealed December 31, 2022.
35The division repeals Code chapter 686D, which provides
-108-1standards for civil liability relating to COVID-19 for premises
2owners; health care providers; persons who design, manufacture,
3label, sell, distribute, or donate certain materials relating
4to COVID-19; and persons generally.
5The division takes effect upon enactment and applies
6retroactively to January 1, 2020.
7Division XI — CONTRACTOR COLLECTIVE BARGAINING.
8This division provides collective bargaining procedures
9for contractors under new Code chapter 20A. Applicable
10rights, procedures, penalties, and remedies for contractors,
11employers for whom contractors perform labor under contract,
12and contractor organizations are similar to those provided for
13public employees, public employers, and employee organizations
14under Code chapter 20. Code chapter 20A will be interpreted,
15applied, and administered by the PERB.
16The division defines “contractor” as a natural person who
17performs labor in Iowa to whom a payor of income makes payments
18which are not subject to withholding and for whom the payor of
19income is required by the internal revenue service to complete
20a form. “Contractor” includes a marketplace contractor under
21Code chapter 93 and a subcontractor.
22The division defines “employer” as a person, as defined in
23Code chapter 4, for whom a contractor performs labor under
24contract.
25The division defines “contractor organization” as an
26organization of any kind in which contractors participate
27and which exists for the primary purpose of representing
28contractors in their relations with employers.
-109-je/rn
2remedies, and including effective date, applicability, and
3transition provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Essential employees — premium pay
3 Section 1. Section 84A.5, subsection 4, Code 2021, is
4amended to read as follows:
54. The division of labor services is responsible for the
6administration of the laws of this state under chapters 88,
788A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 92, 94,
8 and 94A, and sections 73A.21 and 85.68. The executive head of
9the division is the labor commissioner, appointed pursuant to
10section 91.2.
11 Sec. 2. Section 91.4, subsection 2, Code 2021, is amended
12to read as follows:
132. The director of the department of workforce development,
14in consultation with the labor commissioner, shall, at the
15time provided by law, make an annual report to the governor
16setting forth in appropriate form the business and expense of
17the division of labor services for the preceding year, the
18number of remedial actions taken under chapter 89A, the number
19of disputes or violations processed by the division and the
20disposition of the disputes or violations, and other matters
21pertaining to the division which are of public interest,
22together with recommendations for change or amendment of the
23laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B,
2490A, 91A, 91C, 91D, 91E, 92, 94, and 94A, and section 85.68,
25and the recommendations, if any, shall be transmitted by the
26governor to the first general assembly in session after the
27report is filed.
28 Sec. 3. Section 91A.2, subsection 7, Code 2021, is amended
29by adding the following new paragraph:
30 NEW PARAGRAPH. e. Premium pay pursuant to chapter 94.
31 Sec. 4. NEW SECTION. 94.1 Definitions.
32As used in this chapter, unless the context otherwise
33requires:
341. “Commissioner” means the labor commissioner appointed
35pursuant to section 91.2.
-1- 12. “Employer” means a person, as defined in chapter 4, who
2in this state employs for wages a natural person.
33. “Essential employee” means a natural person who is
4employed in this state for wages engaged in one of the
5following occupations:
6a. A health care professional who engages in direct contact
7with patients or patients’ families or who handles potentially
8infectious materials.
9b. An employee of a health care facility.
10c. An emergency medical care provider as defined in section
11147A.1, a fire fighter, a peace officer as defined in section
12801.4, or an employee of the department of human services who
13provides social work or case work to children or who works in
14child protection.
15d. An employee of a public or nonpublic school or an
16employee of a child care facility or child care home as those
17terms are defined in section 237A.1.
18e. An employee of a food, agriculture, distribution, or
19manufacturing facility whose employment involves working or
20living in congregate settings that do not allow for social
21distancing.
22f. An employee of the state who performs inspections of
23health care facilities or of child care facilities or child
24care homes as those terms are defined in section 237A.1.
25g. An employee of a state or local correctional facility.
26h. An employee of a retail establishment who provides
27services to customers.
284. “Health care facility” means and includes all of the
29following:
30a. A facility as defined in section 514J.102.
31b. A facility licensed pursuant to chapter 135B.
32c. A facility licensed pursuant to chapter 135C.
33d. Residential care facilities, nursing facilities,
34intermediate care facilities for persons with mental illness,
35intermediate care facilities for persons with intellectual
-2-1disabilities, hospice programs, elder group homes, and assisted
2living programs.
35. “Health care professional” means physicians and other
4health care practitioners who are licensed, certified, or
5otherwise authorized or permitted by the laws of this state
6to administer health care services in the ordinary course of
7business or in the practice of a profession. “Health care
8professional” includes the employer or agent of a health care
9professional who provides or arranges health care.
106. “Health care services” means services for the diagnosis,
11prevention, treatment, care, cure, or relief of a health
12condition, illness, injury, or disease, regardless of the
13setting in which such services are performed.
147. “Period of infectious disease emergency” means that
15period of time that a disease or virus determined to be
16life-threatening to a person exposed to the disease or virus
17has been declared a pandemic, epidemic, or public health
18emergency by the federal government, governor, or local public
19health authorities.
20 Sec. 5. NEW SECTION. 94.2 Premium pay for essential
21employees — infectious disease emergency.
221. During a period of infectious disease emergency, an
23employer shall pay an essential employee, in addition to any
24other wages or benefits to which the employee is entitled,
25premium pay. Premium pay shall be paid at the same time and in
26the same manner as an essential employee’s regular wages.
272. Upon consideration of the nature and expected duration
28of the period of infectious disease emergency, the various
29duties to be performed by essential employees in responding
30to the period of infectious disease emergency, and any
31other information the commissioner may deem relevant, the
32commissioner shall establish by rule pursuant to chapter 17A
33the rate or amount of premium pay to which an essential worker
34is entitled pursuant to this chapter. The commissioner may
35establish different rates or amounts of premium pay by rule
-3-1for different occupations held by essential employees as the
2commissioner deems appropriate.
33. The commissioner shall establish by rule the rate or
4amount of premium pay applicable to a period of infectious
5disease emergency within one calendar week of the beginning
6of the emergency. The commissioner may update such rates or
7amounts by rule during a period of infectious disease emergency
8as the commissioner deems appropriate.
94. The commissioner may adopt rules on an emergency basis
10as provided in section 17A.4, subsection 3, and section
1117A.5, subsection 2, to administer this section and the rules
12shall be effective immediately upon filing unless a later
13date is specified in the rules. Any emergency rules adopted
14in accordance with this section shall also be published as
15a notice of intended action as provided in section 17A.4,
16subsection 1.
17 Sec. 6. NEW SECTION. 94.3 Rules — enforcement —
18penalties.
191. The commissioner shall adopt rules to administer this
20chapter.
212. This chapter and rules adopted pursuant to this chapter
22shall be enforced pursuant to chapter 91A.
23 Sec. 7. EMERGENCY RULES. The labor commissioner shall adopt
24emergency rules under section 17A.4, subsection 3, and section
2517A.5, subsection 2, paragraph “b”, to implement the provisions
26of this Act and the rules shall be effective immediately upon
27filing unless a later date is specified in the rules. Any
28rules adopted in accordance with this section shall also be
29published as a notice of intended action as provided in section
3017A.4.
31 Sec. 8. APPLICABILITY. This division of this Act applies to
32pay periods beginning on or after the effective date of rules
33adopted by the labor commissioner to implement this division
34of this Act.
35 Sec. 9. EFFECTIVE DATE. This division of this Act, being
-4-1deemed of immediate importance, takes effect upon enactment.
2DIVISION II
3Minimum wage
4 Sec. 10. Section 91D.1, subsection 1, Code 2021, is amended
5to read as follows:
61. a. (1) The state hourly wage shall be at least $6.20 as
7of April 1, 2007, and $7.25 as of January 1, 2008 $8.20 as of
8July 1, 2021, $9.15 as of July 1, 2022, $10.10 as of January 1,
92023, $11.05 as of July 1, 2023, $12.00 as of January 1, 2024,
10$12.95 as of July 1, 2024, $13.90 as of January 1, 2025, and
11$15.00 as of July 1, 2025.
12(2) The state hourly wage, including the state hourly wage
13for the first ninety calendar days of employment provided in
14paragraph “d”, shall be increased annually on July 1, beginning
15July 1, 2026, by the same percentage as the cost-of-living
16increase in federal social security benefits authorized during
17the previous state fiscal year by the federal social security
18administration pursuant to section 215 of the federal Social
19Security Act, 42 U.S.C.§415.
20b. Every employer, as defined in the federal Fair Labor
21Standards Act of 1938, as amended to January 1, 2007 July 1,
222021, shall pay to each of the employer’s employees, as defined
23in the federal Fair Labor Standards Act of 1938, as amended to
24January 1, 2007 July 1, 2021, the state hourly wage stated in
25paragraph “a”, or the current federal minimum wage, pursuant to
2629 U.S.C. §206, as amended, whichever is greater.
27c. For purposes of determining whether an employee of a
28restaurant, hotel, motel, inn, or cabin, who customarily and
29regularly receives more than thirty one hundred dollars a month
30in tips is receiving the minimum hourly wage rate prescribed
31by this section, the amount paid the employee by the employer
32shall be deemed to be increased on account of the tips by an
33amount determined by the employer, not to exceed forty percent
34of the applicable minimum wage. An employee may file a written
35appeal with the labor commissioner if the amount of tips
-5-1received by the employee is less than the amount determined by
2the employer under this subsection.
3d. An employer is not required to pay an employee the
4applicable state hourly wage provided in paragraph “a” until the
5employee has completed ninety calendar days of employment with
6the employer. An employee who has completed ninety calendar
7days of employment with the employer prior to April 1, 2007, or
8January 1, 2008, shall earn the applicable state hourly minimum
9wage as of that the date of completion. An employer shall
10pay an employee who has not completed ninety calendar days of
11employment with the employer an hourly wage of at least $5.30
12as of April 1, 2007, and $6.35 as of January 1, 2008 $7.20 as of
13July 1, 2021, $8.05 as of July 1, 2022, $8.85 as of January 1,
142023, $9.70 as of July 1, 2023, $10.55 as of January 1, 2024,
15$11.40 as of July 1, 2024, $12.25 as of January 1, 2025, and
16$13.20 as of July 1, 2025.
17e. A county or city may establish a minimum wage that
18exceeds the state hourly wage and the federal minimum wage.
19DIVISION III
20PUBLIC EMPLOYEE COLLECTIVE BARGAINING
21 Sec. 11. Section 20.3, subsections 11 and 13, Code 2021, are
22amended by striking the subsections.
23 Sec. 12. Section 20.6, subsection 1, Code 2021, is amended
24to read as follows:
251. Administer Interpret, apply, and administer the
26provisions of this chapter.
27 Sec. 13. Section 20.6, subsections 6 and 7, Code 2021, are
28amended by striking the subsections.
29 Sec. 14. Section 20.7, subsection 2, Code 2021, is amended
30to read as follows:
312. Hire, evaluate, promote, demote, transfer, assign, and
32retain public employees in positions within the public agency.
33 Sec. 15. Section 20.8, subsection 5, Code 2021, is amended
34by striking the subsection.
35 Sec. 16. Section 20.9, Code 2021, is amended by striking the
-6-1section and inserting in lieu thereof the following:
220.9 Scope of negotiations.
31. The public employer and the employee organization
4shall meet at reasonable times, including meetings reasonably
5in advance of the public employer’s budget-making process,
6to negotiate in good faith with respect to wages, hours,
7vacations, insurance, holidays, leaves of absence, shift
8differentials, overtime compensation, supplemental pay,
9seniority, transfer procedures, job classifications, health and
10safety matters, evaluation procedures, procedures for staff
11reduction, in-service training, and other matters mutually
12agreed upon. Negotiations shall also include terms authorizing
13dues checkoff for members of the employee organization and
14grievance procedures for resolving any questions arising under
15the agreement, which shall be embodied in a written agreement
16and signed by the parties. If an agreement provides for dues
17checkoff, a member’s dues may be checked off only upon the
18member’s written request and the member may terminate the dues
19checkoff at any time by giving thirty days’ written notice.
20Such obligation to negotiate in good faith does not compel
21either party to agree to a proposal or make a concession.
222. Nothing in this section shall diminish the authority
23and power of the department of administrative services, board
24of regents’ merit system, Iowa public broadcasting board’s
25merit system, or any civil service commission established by
26constitutional provision, statute, charter, or special act to
27recruit employees, prepare, conduct and grade examinations,
28rate candidates in order of their relative scores for
29certification for appointment or promotion or for other matters
30of classification, reclassification or appeal rights in the
31classified service of the public employer served.
323. All retirement systems shall be excluded from the scope
33of negotiations.
34 Sec. 17. Section 20.10, subsection 3, paragraph j, Code
352021, is amended by striking the paragraph.
-7-1 Sec. 18. Section 20.12, subsection 5, Code 2021, is amended
2to read as follows:
35. If an employee organization or any of its officers
4is held to be in contempt of court for failure to comply
5with an injunction pursuant to this section, or is convicted
6of violating this section, the employee organization shall
7be immediately decertified, shall cease to represent the
8bargaining unit, shall cease to receive any dues by checkoff,
9 and may again be certified only after twenty-four twelve months
10have elapsed from the effective date of decertification and
11only if after a new petition for certification pursuant to
12 compliance with section 20.14 is filed and a new certification
13election pursuant to section 20.15 is held. The penalties
14provided in this section may be suspended or modified by the
15court, but only upon request of the public employer and only
16if the court determines the suspension or modification is in
17the public interest.
18 Sec. 19. Section 20.15, Code 2021, is amended by striking
19the section and inserting in lieu thereof the following:
2020.15 Elections.
211. Upon the filing of a petition for certification of an
22employee organization, the board shall submit a question to
23the public employees at an election in the bargaining unit
24found appropriate by the board. The question on the ballot
25shall permit the public employees to vote for no bargaining
26representation or for any employee organization which has
27petitioned for certification or which has presented proof
28satisfactory to the board of support of ten percent or more of
29the public employees in the appropriate unit.
302. If a majority of the votes cast on the question is
31for no bargaining representation, the public employees in
32the bargaining unit found appropriate by the board shall not
33be represented by an employee organization. If a majority
34of the votes cast on the question is for a listed employee
35organization, then that employee organization shall represent
-8-1the public employees in the bargaining unit found appropriate
2by the board.
33. If none of the choices on the ballot receive the vote
4of a majority of the public employees voting, the board shall
5conduct a runoff election among the two choices receiving the
6greatest number of votes.
74. Upon written objections filed by any party to the
8election within ten days after notice of the results of
9the election, if the board finds that misconduct or other
10circumstances prevented the public employees eligible to
11vote from freely expressing their preferences, the board may
12invalidate the election and hold a second election for the
13public employees.
145. Upon completion of a valid election in which the majority
15choice of the employees voting is determined, the board shall
16certify the results of the election and shall give reasonable
17notice of the order to all employee organizations listed on the
18ballot, the public employers, and the public employees in the
19appropriate bargaining unit.
206. a. A petition for certification as exclusive bargaining
21representative of a bargaining unit shall not be considered
22by the board for a period of one year from the date of the
23noncertification of an employee organization as the exclusive
24bargaining representative of that bargaining unit following a
25certification election. A petition for certification as the
26exclusive bargaining representative of a bargaining unit shall
27also not be considered by the board if the bargaining unit is
28at that time represented by a certified exclusive bargaining
29representative.
30b. A petition for the decertification of the exclusive
31bargaining representative of a bargaining unit shall not be
32considered by the board for a period of one year from the date
33of its certification, or within one year of its continued
34certification following a decertification election, or during
35the duration of a collective bargaining agreement which, for
-9-1purposes of this section, shall be deemed not to exceed two
2years. However, if a petition for decertification is filed
3during the duration of a collective bargaining agreement, the
4board shall award an election under this section not more than
5one hundred eighty days and not less than one hundred fifty
6days prior to the expiration of the collective bargaining
7agreement. If an employee organization is decertified, the
8board may receive petitions under section 20.14, provided that
9no such petition and no election conducted pursuant to such
10petition within one year from decertification shall include as
11a party the decertified employee organization.
12c. A collective bargaining agreement with the state, its
13boards, commissions, departments, and agencies shall be for two
14years. The provisions of a collective bargaining agreement or
15arbitrator’s award affecting state employees shall not provide
16for renegotiations which would require the refinancing of
17salary and fringe benefits for the second year of the term of
18the agreement, except as provided in section 20.17, subsection
196. The effective date of any such agreement shall be July 1 of
20odd-numbered years, provided that if an exclusive bargaining
21representative is certified on a date which will prevent the
22negotiation of a collective bargaining agreement prior to
23July 1 of odd-numbered years for a period of two years, the
24certified collective bargaining representative may negotiate
25a one-year contract with the public employer which shall be
26effective from July 1 of the even-numbered year to July 1
27of the succeeding odd-numbered year when new contracts shall
28become effective.
29 Sec. 20. Section 20.17, subsection 8, Code 2021, is amended
30by striking the subsection and inserting in lieu thereof the
31following:
328. The salaries of all public employees of the state under
33a merit system and all other fringe benefits which are granted
34to all public employees of the state shall be negotiated with
35the governor or the governor’s designee on a statewide basis,
-10-1except those benefits which are not subject to negotiations
2pursuant to the provisions of section 20.9.
3 Sec. 21. Section 20.17, Code 2021, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 8A. A public employee or any employee
6organization shall not negotiate or attempt to negotiate
7directly with a member of the governing board of a public
8employer if the public employer has appointed or authorized
9a bargaining representative for the purpose of bargaining
10with the public employees or their representative, unless the
11member of the governing board is the designated bargaining
12representative of the public employer.
13 Sec. 22. Section 20.22, subsections 2, 3, 7, 9, and 10, Code
142021, are amended to read as follows:
152. Each party shall serve its final offer on each of
16the impasse items upon the other party within four days of
17the board’s receipt of the request for arbitration, or by a
18deadline otherwise agreed upon by the parties. The parties may
19continue to negotiate all offers until an agreement is reached
20or an award is rendered by the arbitrator. The full costs of
21arbitration under this section shall be shared equally by the
22parties to the dispute.
233. The submission of the impasse items to the arbitrator
24shall be limited to those items upon which the parties have
25not reached agreement. With respect to each such item, the
26arbitrator’s award shall be restricted to the final offers on
27each impasse item submitted by the parties to the arbitrator,
28except as provided in subsection 10, paragraph “b”.
297. For an arbitration involving a bargaining unit that
30has at least thirty percent of members who are public safety
31employees, the The arbitrator shall consider and specifically
32address in the arbitrator’s determination, in addition to any
33other relevant factors, the following factors:
34a. Past collective bargaining contracts between the parties
35including the bargaining that led up to such contracts.
-11- 1b. Comparison of wages, hours, and conditions of employment
2of the involved public employees with those of other public
3employees doing comparable work, giving consideration to
4factors peculiar to the area and the classifications involved.
5c. The interests and welfare of the public, the ability of
6the public employer to finance economic adjustments, and the
7effect of such adjustments on the normal standard of services.
8d. The power of the public employer to levy taxes and
9appropriate funds for the conduct of its operations.
109. a. The arbitrator may administer oaths, examine
11witnesses and documents, take testimony and receive evidence,
12and issue subpoenas to compel the attendance of witnesses and
13the production of records. The arbitrator may petition the
14district court at the seat of government or of the county
15in which the hearing is held to enforce the order of the
16arbitrator compelling the attendance of witnesses and the
17production of records.
18b. Except as required for purposes of the consideration of
19the factors specified in subsection 7, paragraphs “a” through
20“c”, and subsection 8, paragraph “a”, subparagraphs (1) through
21(3), the parties shall not introduce, and the arbitrator
22shall not accept or consider, any direct or indirect evidence
23regarding any subject excluded from negotiations pursuant to
24section 20.9.
2510. a. The arbitrator shall select within fifteen
26days after the hearing the most reasonable offer, in the
27arbitrator’s judgment, of the final offers on each impasse item
28submitted by the parties.
29b. (1) However, for an arbitration involving a bargaining
30unit that does not have at least thirty percent of members who
31are public safety employees, with respect to any increase in
32base wages, the arbitrator’s award shall not exceed the lesser
33of the following percentages in any one-year period in the
34duration of the bargaining agreement:
35(a) Three percent.
-12- 1(b) A percentage equal to the increase in the consumer
2price index for all urban consumers for the midwest region,
3if any, as determined by the United States department of
4labor, bureau of labor statistics, or a successor index. Such
5percentage shall be the change in the consumer price index
6for the twelve-month period beginning eighteen months prior
7to the month in which the impasse item regarding base wages
8was submitted to the arbitrator and ending six months prior to
9the month in which the impasse item regarding base wages was
10submitted to the arbitrator.
11(2) To assist the parties in the preparation of their final
12offers on an impasse item regarding base wages, the board
13shall provide information to the parties regarding the change
14in the consumer price index for all urban consumers for the
15midwest region for any twelve-month period. The department of
16workforce development shall assist the board in preparing such
17information upon request.
18 Sec. 23. Section 20.22, subsection 8, Code 2021, is amended
19by striking the subsection.
20 Sec. 24. Section 20.26, subsection 4, Code 2021, is amended
21to read as follows:
224. Nothing in this section shall be construed to prohibit
23voluntary contributions by individuals to political parties
24or candidates, provided that such contributions are not made
25through payroll deductions.
26 Sec. 25. Section 20.29, Code 2021, is amended to read as
27follows:
2820.29 Filing agreement — public access — internet site.
291. Collective bargaining agreements shall be in writing and
30shall be signed by the parties.
312. A copy of a collective bargaining agreement entered into
32between a public employer and a certified employee organization
33and made final under this chapter shall be filed with the board
34by the public employer within ten days of the date on which the
35agreement is entered into.
-13- 13. Copies of collective bargaining agreements entered
2into between the state and the state employees’ bargaining
3representatives and made final under this chapter shall be
4filed with the secretary of state and be made available to the
5public at cost.
64. The board shall maintain an internet site that allows
7searchable access to a database of collective bargaining
8agreements and other collective bargaining information.
9 Sec. 26. Section 20.30, Code 2021, is amended by striking
10the section and inserting in lieu thereof the following:
1120.30 Supervisory member — no reduction before retirement.
121. A supervisory member of any department or agency
13employed by the state of Iowa shall not be granted a voluntary
14reduction to a nonsupervisory rank or grade during the six
15months preceding retirement of the member. A member of any
16department or agency employed by the state of Iowa who retires
17in less than six months after voluntarily requesting and
18receiving a reduction in rank or grade from a supervisory to a
19nonsupervisory position shall be ineligible for a benefit to
20which the member is entitled as a nonsupervisory member but is
21not entitled as a supervisory member.
222. The provisions of this section shall be effective during
23the collective bargaining agreement in effect from July 1,
241979, to June 30, 1981.
25 Sec. 27. Section 20.31, subsection 2, unnumbered paragraph
261, Code 2021, is amended to read as follows:
27A mediator shall not be required to testify in any judicial,
28administrative, arbitration, or grievance proceeding regarding
29any matters occurring in the course of a mediation, including
30any verbal or written communication or behavior, other than
31facts relating exclusively to the timing or scheduling of
32mediation. A mediator shall not be required to produce or
33disclose any documents, including notes, memoranda, or other
34work product, relating to mediation, other than documents
35relating exclusively to the timing or scheduling of mediation.
-14-1This subsection shall not apply in any of the following
2circumstances:
3 Sec. 28. Section 22.7, subsection 69, Code 2021, is amended
4to read as follows:
569. The evidence of public employee support for
6the certification, retention and recertification, or
7decertification of an employee organization as defined in
8section 20.3 that is submitted to the public employment
9relations board as provided in section 20.14 or 20.15.
10 Sec. 29. Section 22.7, subsection 70, Code 2021, is amended
11by striking the subsection.
12 Sec. 30. Section 70A.17A, Code 2021, is amended by adding
13the following new subsection:
14 NEW SUBSECTION. 3. This section shall not affect a payroll
15deduction elected by a state employee pursuant to section
1670A.19.
17 Sec. 31. Section 70A.19, Code 2021, is amended by striking
18the section and inserting in lieu thereof the following:
1970A.19 Duration of state payroll deduction for dues of
20employee organization member.
21A state employee who elects a payroll deduction for
22membership dues to an employee organization pursuant to the
23provisions of a collective bargaining agreement negotiated
24under the provisions of chapter 20 shall maintain the deduction
25for a period of one year or until the expiration of the
26collective bargaining agreement, whichever occurs first. A
27state employee who transfers employment to a position covered
28by a different collective bargaining agreement or who becomes
29a management employee is not subject to this requirement.
30With respect to state employees, this section supersedes the
31provisions of section 20.9 allowing termination of a dues
32checkoff at any time but does not supersede the requirement for
33thirty days’ written notice of termination.
34 Sec. 32. Section 412.2, subsection 1, Code 2021, is amended
35to read as follows:
-15- 11. From the proceeds of the assessments on the wages
2and salaries of employees, of any such waterworks system,
3or other municipally owned and operated public utility,
4eligible to receive the benefits thereof. Notwithstanding
5any provisions of section 20.9 to the contrary, a council,
6board of waterworks, or other board or commission which
7establishes a pension and annuity retirement system pursuant to
8this chapter, shall negotiate in good faith with a certified
9employee organization as defined in section 20.3, which is the
10collective bargaining representative of the employees, with
11respect to the amount or rate of the assessment on the wages
12and salaries of employees and the method or methods for payment
13of the assessment by the employees.
14 Sec. 33. Section 602.1401, subsection 3, paragraph b, Code
152021, is amended to read as follows:
16b. For purposes of chapter 20, the certified representative,
17which on July 1, 1983, represents employees who become judicial
18branch employees as a result of 1983 Iowa Acts, ch.186, shall
19remain the certified representative when the employees become
20judicial branch employees and thereafter, unless the public
21employee organization is not retained and recertified or is
22 decertified in an election held under section 20.15 or amended
23or absorbed into another certified organization pursuant to
24chapter 20. Collective bargaining negotiations shall be
25conducted on a statewide basis and the certified employee
26organizations which engage in bargaining shall negotiate on a
27statewide basis, although bargaining units shall be organized
28by judicial district. The public employment relations board
29shall adopt rules pursuant to chapter 17A to implement this
30subsection.
31 Sec. 34. REPEAL. Sections 20.32 and 20.33, Code 2021, are
32repealed.
33 Sec. 35. TRANSITION PROCEDURES — DEADLINE — EMERGENCY
34RULES.
351. As of the effective date of this division of this Act,
-16-1parties, mediators, and arbitrators engaging in any collective
2bargaining procedures provided for in chapter 20, Code 2021,
3who have not, before the effective date of this division
4of this Act, completed such procedures, shall immediately
5terminate any such procedures in process. A collective
6bargaining agreement negotiated pursuant to such procedures in
7process shall not become effective. Parties, mediators, and
8arbitrators shall not engage in further collective bargaining
9procedures except as provided in this section. Such parties
10shall commence collective bargaining in accordance with section
1120.17, as amended in this division of this Act. Such parties
12shall complete such bargaining not later than June 30, 2021,
13unless the parties mutually agree to a different deadline.
142. The public employment relations board shall adopt
15emergency rules under section 17A.4, subsection 3, and section
1617A.5, subsection 2, paragraph “b”, to provide for procedures
17as deemed necessary to implement the provisions of this section
18and the rules shall be effective immediately upon filing
19unless a later date is specified in the rules. Such rules
20shall include but are not limited to alternative deadlines for
21completion of the procedures provided in sections 20.17 and
2220.22, as amended by this division of this Act, and sections
2320.19 and 20.20, which deadlines may be waived by mutual
24agreement of the parties.
253. The department of administrative services shall adopt
26emergency rules under section 17A.4, subsection 3, and
27section 17A.5, subsection 2, paragraph “b”, to provide for the
28implementation of section 70A.19, as amended by this division
29of this Act, and the rules shall be effective immediately upon
30filing unless a later date is specified in the rules.
31 Sec. 36. ELECTIONS — DIRECTIVES TO PUBLIC EMPLOYMENT
32RELATIONS BOARD.
331. The public employment relations board shall cancel any
34elections scheduled or in process pursuant to section 20.15,
35subsection 2, Code 2021, as of the effective date of this Act.
-17- 12. Notwithstanding section 20.15, subsection 1, paragraph
2“c”, Code 2021, the public employment relations board
3shall consider a petition for certification of an employee
4organization as the exclusive representative of a bargaining
5unit for which an employee organization was not retained and
6recertified as the exclusive representative of that bargaining
7unit regardless of the amount of time that has elapsed since
8the retention and recertification election at which an employee
9organization was not retained or recertified.
10 Sec. 37. EFFECTIVE DATE. This division of this Act, being
11deemed of immediate importance, takes effect upon enactment.
12 Sec. 38. APPLICABILITY. With the exception of the
13section of this division of this Act amending section 20.6,
14subsection 1, this division of this Act does not apply to
15collective bargaining agreements which have been ratified in a
16ratification election referred to in section 20.17, subsection
174, for which an arbitrator has made a final determination as
18described in section 20.22, subsection 11, or which have become
19effective, where such events occurred before the effective
20date of this division of this Act. This division of this Act
21applies to all collective bargaining procedures provided for in
22chapter 20 occurring on and after the effective date of this
23division of this Act and collective bargaining agreements for
24which a ratification election referred to in section 20.17,
25subsection 4, is held, for which an arbitrator makes a final
26determination as described in section 20.22, subsection 11, or
27which become effective on or after the effective date of this
28division of this Act.
29DIVISION IV
30EDUCATOR EMPLOYMENT MATTERS
31 Sec. 39. Section 279.13, subsections 2 and 5, Code 2021, are
32amended to read as follows:
332. The contract shall remain in force and effect for the
34period stated in the contract and shall be automatically
35continued for equivalent periods except as modified or
-18-1terminated by mutual agreement of the board of directors and
2the teacher or as modified or terminated in accordance with
3the provisions specified in this chapter. A contract shall
4not be offered by the employing board to a teacher under its
5jurisdiction prior to March 15 of any year. A teacher who has
6not accepted a contract for the ensuing school year tendered
7by the employing board may resign effective at the end of the
8current school year by filing a written resignation with the
9secretary of the board. The resignation must be filed not
10later than the last day of the current school year or the date
11specified by the employing board for return of the contract,
12whichever date occurs first. However, a teacher shall not be
13required to return a contract to the board or to resign less
14than twenty-one days after the contract has been offered.
155. Notwithstanding the other provisions of this section, a
16temporary contract may be issued to a teacher for a period of
17up to six months. Notwithstanding the other provisions of this
18section, a temporary contract may also be issued to a teacher
19 to fill a vacancy created by a leave of absence in accordance
20with the provisions of section 29A.28, which contract shall
21automatically terminate upon return from military leave of the
22former incumbent of the teaching position. Temporary contracts
23 and which contract shall not be subject to the provisions of
24sections 279.15 through 279.19, or section 279.27. A separate
25extracurricular contract issued pursuant to section 279.19A to
26a person issued a temporary contract under this section shall
27automatically terminate with the termination of the temporary
28contract as required under section 279.19A, subsection 8.
29 Sec. 40. Section 279.13, subsection 4, unnumbered paragraph
301, Code 2021, is amended to read as follows:
31For purposes of this section, sections 279.14, 279.15,
32279.16 through 279.17, 279.19, and 279.27, unless the context
33otherwise requires, “teacher” includes the following individuals
34employed by a community college:
35 Sec. 41. Section 279.14, Code 2021, is amended to read as
-19-1follows:
2279.14 Evaluation criteria and procedures.
31. The board shall establish evaluation criteria and shall
4implement evaluation procedures. If an exclusive bargaining
5representative has been certified, the board shall negotiate
6in good faith with respect to evaluation procedures pursuant
7to chapter 20.
82. The determination of standards of performance expected
9of school district personnel shall be reserved as an exclusive
10management right of the school board and shall not be subject
11to mandatory negotiations under chapter 20. Objections
12 Notwithstanding chapter 20, objections to the procedures,
13use, or content of an evaluation in a teacher termination
14proceeding brought before the school board in a hearing held in
15accordance with section 279.16 or 279.27 shall not be subject
16to any the grievance procedures negotiated in accordance with
17chapter 20. A school district shall not be obligated to
18process any evaluation grievance after service of a notice and
19recommendation to terminate an individual’s continuing teaching
20contract in accordance with this chapter.
21 Sec. 42. Section 279.15, subsection 2, paragraph c, Code
222021, is amended to read as follows:
23c. Within five days of the receipt of the written notice
24that the superintendent is recommending termination of the
25contract, the teacher may request, in writing to the secretary
26of the board, a private hearing with the board. The private
27hearing shall not be subject to chapter 21 and shall be held
28no sooner than twenty ten days and no later than forty twenty
29 days following the receipt of the request unless the parties
30otherwise agree. The secretary of the board shall notify the
31teacher in writing of the date, time, and location of the
32private hearing, and at least ten five days before the hearing
33shall also furnish to the teacher any documentation which
34may be presented to the board at the private hearing and a
35list of persons who may address the board in support of the
-20-1superintendent’s recommendation at the private hearing. At
2least seven three days before the hearing, the teacher shall
3provide any documentation the teacher expects to present at
4the private hearing, along with the names of any persons who
5may address the board on behalf of the teacher. This exchange
6of information shall be at the time specified unless otherwise
7agreed.
8 Sec. 43. Section 279.16, Code 2021, is amended by striking
9the section and inserting in lieu thereof the following:
10279.16 Private hearing — decision — record.
111. The participants at the private hearing shall be
12at least a majority of the members of the board, their
13legal representatives, if any, the superintendent, the
14superintendent’s designated representatives, if any, the
15teacher’s immediate supervisor, the teacher, the teacher’s
16representatives, if any, and the witnesses for the parties.
17The evidence at the private hearing shall be limited to the
18specific reasons stated in the superintendent’s notice of
19recommendation of termination. No participant in the hearing
20shall be liable for any damages to any person if any statement
21at the hearing is determined to be erroneous as long as the
22statement was made in good faith. The superintendent shall
23present evidence and argument on all issues involved and
24the teacher may cross-examine, respond and present evidence
25and argument in the teacher’s behalf relevant to all issues
26involved. Evidence may be by stipulation of the parties and
27informal settlement may be made by stipulation, consent, or
28default or by any other method agreed upon by the parties in
29writing. The board shall employ a certified shorthand reporter
30to keep a record of the private hearing. The proceedings
31or any part thereof shall be transcribed at the request of
32either party with the expense of transcription charged to the
33requesting party.
342. The presiding officer of the board may administer oaths
35in the same manner and with like effect and under the same
-21-1penalties as in the case of magistrates exercising criminal
2or civil jurisdiction. The board shall cause subpoenas to be
3issued for such witnesses and the production of such books
4and papers as either the board or the teacher may designate.
5The subpoenas shall be signed by the presiding officer of the
6board.
73. In case a witness is duly subpoenaed and refuses to
8attend, or in case a witness appears and refuses to testify
9or to produce required books or papers, the board shall,
10in writing, report such refusal to the district court of
11the county in which the administrative office of the school
12district is located, and the court shall proceed with the
13person or witness as though the refusal had occurred in a
14proceeding legally pending before the court.
154. The board shall not be bound by common law or statutory
16rules of evidence or by technical or formal rules of procedure,
17but it shall hold the hearing in such manner as is best suited
18to ascertain and conserve the substantial rights of the
19parties. Process and procedure under sections 279.13 through
20279.19 shall be as summary as reasonably may be.
215. At the conclusion of the private hearing, the
22superintendent and the teacher may file written briefs and
23arguments with the board within three days or such other time
24as may be agreed upon.
256. If the teacher fails to timely request a private hearing
26or does not appear at the private hearing, the board may
27proceed and make a determination upon the superintendent’s
28recommendation. If the teacher fails to timely file a request
29for a private hearing, the determination shall be not later
30than May 31. If the teacher fails to appear at the private
31hearing, the determination shall be not later than five days
32after the scheduled date for the private hearing. The board
33shall convene in open session and by roll call vote determine
34the termination or continuance of the teacher’s contract
35and, if the board votes to continue the teacher’s contract,
-22-1whether to suspend the teacher with or without pay for a period
2specified by the board.
37. Within five days after the private hearing, the board
4shall, in executive session, meet to make a final decision
5upon the recommendation and the evidence as herein provided.
6The board shall also consider any written brief and arguments
7submitted by the superintendent and the teacher.
88. The record for a private hearing shall include:
9a. All pleadings, motions and intermediate rulings.
10b. All evidence received or considered and all other
11submissions.
12c. A statement of all matters officially noticed.
13d. All questions and offers of proof, objections and rulings
14thereon.
15e. All findings and exceptions.
16f. Any decision, opinion, or conclusion by the board.
17g. Findings of fact shall be based solely on the evidence in
18the record and on matters officially noticed in the record.
199. The decision of the board shall be in writing and shall
20include findings of fact and conclusions of law, separately
21stated. Findings of fact, if set forth in statutory language,
22shall be accompanied by a concise and explicit statement of
23the underlying facts supporting the findings. Each conclusion
24of law shall be supported by cited authority or by reasoned
25opinion.
2610. When the board has reached a decision, opinion, or
27conclusion, it shall convene in open meeting and by roll
28call vote determine the continuance or discontinuance of the
29teacher’s contract and, if the board votes to continue the
30teacher’s contract, whether to suspend the teacher with or
31without pay for a period specified by the board. The record
32of the private conference and findings of fact and exceptions
33shall be exempt from the provisions of chapter 22. The
34secretary of the board shall immediately mail notice of the
35board’s action to the teacher.
-23-1 Sec. 44. NEW SECTION. 279.17 Appeal by teacher to
2adjudicator.
31. If the teacher is no longer a probationary teacher, the
4teacher may, within ten days, appeal the determination of the
5board to an adjudicator by filing a notice of appeal with the
6secretary of the board. The notice of appeal shall contain a
7concise statement of the action which is the subject of the
8appeal, the particular board action appealed from, the grounds
9on which relief is sought and the relief sought.
102. Within five days following receipt by the secretary
11of the notice of appeal, the board or the board’s legal
12representative, if any, and the teacher or the teacher’s
13representative, if any, may select an adjudicator who resides
14within the boundaries of the merged area in which the school
15district is located. If an adjudicator cannot be mutually
16agreed upon within the five-day period, the secretary shall
17notify the chairperson of the public employment relations board
18by transmitting the notice of appeal, and the chairperson of
19the public employment relations board shall within five days
20provide a list of five adjudicators to the parties. Within
21three days from receipt of the list of adjudicators, the
22parties shall select an adjudicator by alternately removing a
23name from the list until only one name remains. The person
24whose name remains shall be the adjudicator. The parties shall
25determine by lot which party shall remove the first name from
26the list submitted by the chairperson of the public employment
27relations board. The secretary of the board shall inform the
28chairperson of the public employment relations board of the
29name of the adjudicator selected.
303. If the teacher does not timely request an appeal to an
31adjudicator, the decision, opinion, or conclusion of the board
32shall become final and binding.
334. a. Within thirty days after filing the notice of appeal,
34or within further time allowed by the adjudicator, the board
35shall transmit to the adjudicator the original or a certified
-24-1copy of the entire record of the private hearing which may be
2the subject of the petition. By stipulation of the parties
3to review the proceedings, the record of the case may be
4shortened. The adjudicator may require or permit subsequent
5corrections or additions to the shortened record.
6b. The record certified and filed by the board shall be the
7record upon which the appeal shall be heard and no additional
8evidence shall be heard by the adjudicator. In such appeal to
9the adjudicator, especially when considering the credibility
10of witnesses, the adjudicator shall give weight to the fact
11findings of the board but shall not be bound by them.
125. Before the date set for hearing a petition for review
13of board action, which shall be within ten days after
14receipt of the record unless otherwise agreed or unless the
15adjudicator orders additional evidence be taken before the
16board, application may be made to the adjudicator for leave to
17present evidence in addition to that found in the record of the
18case. If it is shown to the adjudicator that the additional
19evidence is material and that there were good reasons for
20failure to present it in the private hearing before the board,
21the adjudicator may order that the additional evidence be taken
22before the board upon conditions determined by the adjudicator.
23The board may modify its findings and decision in the case by
24reason of the additional evidence and shall file that evidence
25and any modifications, new findings, or decisions, with the
26adjudicator and mail copies of the new findings or decisions
27to the teacher.
286. The adjudicator may affirm board action or remand to the
29board for further proceedings. The adjudicator shall reverse,
30modify, or grant any appropriate relief from the board action
31if substantial rights of the teacher have been prejudiced
32because the board action is any of the following:
33a. In violation of a board rule or policy or contract.
34b. Unsupported by a preponderance of the competent evidence
35in the record made before the board when that record is viewed
-25-1as a whole.
2c. Unreasonable, arbitrary or capricious or characterized
3by an abuse of discretion or a clearly unwarranted exercise of
4discretion.
57. The adjudicator shall, within fifteen days after the
6hearing, make a decision and shall give a copy of the decision
7to the teacher and the secretary of the board. The decision
8of the adjudicator shall become the final and binding decision
9of the board unless either party within ten days notifies the
10secretary of the board that the decision is rejected. The
11board may reject the decision by majority roll call vote, in
12open meeting, entered into the minutes of the meeting. The
13board shall immediately notify the teacher of its decision
14by certified mail. The teacher may reject the adjudicator’s
15decision by notifying the board’s secretary in writing within
16ten days of the filing of such decision.
178. All costs of the adjudicator shall be shared equally by
18the teacher and the board.
19 Sec. 45. Section 279.18, Code 2021, is amended by striking
20the section and inserting in lieu thereof the following:
21279.18 Appeal by either party to court.
221. If either party rejects the adjudicator’s decision,
23the rejecting party shall, within thirty days of the initial
24filing of such decision, appeal to the district court of
25the county in which the administrative office of the school
26district is located. The notice of appeal shall be immediately
27mailed by certified mail to the other party. The adjudicator
28shall transmit to the reviewing court the original or a
29certified copy of the entire record which may be the subject
30of the petition. By stipulation of all parties to the review
31proceedings, the record of such a case may be shortened. A
32party unreasonably refusing to stipulate to limit the record
33may be taxed by the court for the additional cost. The court
34may require or permit subsequent corrections or additions to
35the shortened record.
-26- 12. In proceedings for judicial review of the adjudicator’s
2decision, the court shall not hear any further evidence
3but shall hear the case upon the certified record. In such
4judicial review, especially when considering the credibility of
5witnesses, the court shall give weight to the fact findings of
6the board but shall not be bound by them. The court may affirm
7the adjudicator’s decision or remand to the adjudicator or the
8board for further proceedings upon conditions determined by the
9court. The court shall reverse, modify, or grant any other
10appropriate relief from the board decision or the adjudicator’s
11decision equitable or legal and including declaratory relief
12if substantial rights of the petitioner have been prejudiced
13because the action is any of the following:
14a. In violation of constitutional or statutory provisions.
15b. In excess of the statutory authority of the board or the
16adjudicator.
17c. In violation of a board rule or policy or contract.
18d. Made upon unlawful procedure.
19e. Affected by other error of law.
20f. Unsupported by a preponderance of the competent evidence
21in the record made before the board and the adjudicator when
22that record is viewed as a whole.
23g. Unreasonable, arbitrary or capricious or characterized
24by an abuse of discretion or a clearly unwarranted exercise of
25discretion.
263. An aggrieved or adversely affected party to the judicial
27review proceeding may obtain a review of any final judgment of
28the district court by appeal to the supreme court. The appeal
29shall be taken as in other civil cases, although the appeal may
30be taken regardless of the amount involved.
314. For purposes of this section, unless the context
32otherwise requires, “rejecting party” shall include but not be
33limited to an instructor employed by a community college.
34 Sec. 46. Section 279.19, Code 2021, is amended by striking
35the section and inserting in lieu thereof the following:
-27- 1279.19 Probationary period.
21. The first three consecutive years of employment of
3a teacher in the same school district are a probationary
4period. However, if the teacher has successfully completed a
5probationary period of employment for another school district
6located in Iowa, the probationary period in the current
7district of employment shall not exceed one year. A board of
8directors may waive the probationary period for any teacher who
9previously has served a probationary period in another school
10district and the board may extend the probationary period for
11an additional year with the consent of the teacher.
122. a. In the case of the termination of a probationary
13teacher’s contract, the provisions of sections 279.15 and
14279.16 shall apply. However, if the probationary teacher is a
15beginning teacher who fails to demonstrate competence in the
16Iowa teaching standards in accordance with chapter 284, the
17provisions of sections 279.17 and 279.18 shall also apply.
18b. The board’s decision shall be final and binding unless
19the termination was based upon an alleged violation of a
20constitutionally guaranteed right of the teacher or an alleged
21violation of public employee rights of the teacher under
22section 20.10.
233. Notwithstanding any provision to the contrary, the
24grievance procedures of section 20.18 relating to job
25performance or job retention shall not apply to a teacher
26during the first two years of the teacher’s probationary
27period. However, this subsection shall not apply to a teacher
28who has successfully completed a probationary period in a
29school district in Iowa.
30 Sec. 47. Section 279.19A, subsections 1, 2, 7, and 8, Code
312021, are amended to read as follows:
321. School districts employing individuals to coach
33interscholastic athletic sports shall issue a separate
34extracurricular contract for each of these sports. An
35extracurricular contract offered under this section shall be
-28-1separate from the contract issued under section 279.13. Wages
2for employees who coach these sports shall be paid pursuant
3to established or negotiated supplemental pay schedules.
4 An extracurricular contract shall be in writing, and shall
5state the number of contract days for that sport, the annual
6compensation to be paid, and any other matters as may be
7mutually agreed upon. The contract shall be for a single
8school year.
92. a. An extracurricular contract shall be continued
10automatically in force and effect for equivalent periods,
11except as modified or terminated by mutual agreement of
12the board of directors and the employee, or terminated in
13accordance with this section. An extracurricular contract
14shall initially be offered by the employing board to an
15individual on the same date that contracts are offered to
16teachers under section 279.13. An extracurricular contract
17may be terminated at the end of a school year pursuant to
18sections 279.15 through 279.19.If the school district offers
19an extracurricular contract for a sport for the subsequent
20school year to an employee who is currently performing
21under an extracurricular contract for that sport, and the
22employee does not wish to accept the extracurricular contract
23for the subsequent year, the employee may resign from the
24extracurricular contract within twenty-one days after it has
25been received.
26b. If the provisions of an extracurricular contract executed
27under this section conflict with a collective bargaining
28agreement negotiated under chapter 20 and effective when the
29extracurricular contract is executed or renewed, the provisions
30of the collective bargaining agreement shall prevail Section
31279.13, subsection 3, applies to this section.
327. An extracurricular contract may be terminated prior to
33the expiration of that contract for any lawful reason following
34an informal, private hearing before the board of directors
35 pursuant to section 279.27. The decision of the board to
-29-1terminate an extracurricular contract shall be final.
28. a. A termination proceeding regarding an extracurricular
3contract shall either by the board pursuant to subsection 2 or
4pursuant to section 279.27 does not affect a contract issued
5pursuant to section 279.13.
6b. A termination of a contract entered into pursuant to
7section 279.13, or a resignation from that contract by the
8teacher, constitutes an automatic termination or resignation of
9the extracurricular contract in effect between the same teacher
10and the employing school board.
11 Sec. 48. Section 279.23, subsection 1, paragraph c, Code
122021, is amended to read as follows:
13c. The rate of compensation per week of five consecutive
14days or month of four consecutive weeks.
15 Sec. 49. Section 279.23, subsection 5, Code 2021, is amended
16to read as follows:
175. Notwithstanding the other provisions of this section,
18a temporary contract may be issued to an administrator for
19up to nine months. Notwithstanding the other provisions of
20this section, a temporary contract may also be issued to
21an administrator to fill a vacancy created by a leave of
22absence in accordance with the provisions of section 29A.28,
23which contract shall automatically terminate upon return from
24military leave of the former incumbent of the administrator
25position. Temporary contracts and which contract shall not be
26subject to the provisions of sections 279.24 and 279.25.
27 Sec. 50. Section 279.24, subsections 2 and 4, Code 2021, are
28amended to read as follows:
292. If the board of directors is considering termination of
30an administrator’s contract, prior to any formal action, the
31board may arrange to meet in closed session, in accordance with
32the provisions of section 21.5, with the administrator and the
33administrator’s representative. The board shall review the
34administrator’s evaluation, review the reasons for nonrenewal,
35and give the administrator an opportunity to respond. If,
-30-1following the closed session, the board of directors and the
2administrator are unable to mutually agree to a modification
3or termination of the administrator’s contract, or the board
4of directors may issue and the administrator are unable to
5mutually agree to enter into a one-year, nonrenewable contract,
6 to the administrator. If the board of directors decides to
7terminate the administrator’s contract, the board shall follow
8the procedures in this section.
94. Administrators employed in a school district for
10less than three two consecutive years are probationary
11administrators. However, a school board may waive the
12probationary period for any administrator who has previously
13served a probationary period in another school district and
14the school board may extend the probationary period for an
15additional year with the consent of the administrator. If a
16school board determines that it should terminate a probationary
17administrator’s contract, the school board shall notify the
18administrator not later than May 15 that the contract will not
19be renewed beyond the current year. The notice shall be in
20writing by letter, personally delivered, or mailed by certified
21mail. The notification shall be complete when received by the
22administrator. Within ten days after receiving the notice, the
23administrator may request a private conference with the school
24board to discuss the reasons for termination. The school
25board’s decision to terminate a probationary administrator’s
26contract shall be final unless the termination was based upon
27an alleged violation of a constitutionally guaranteed right of
28the administrator.
29 Sec. 51. Section 279.24, subsection 5, paragraphs c, d, e,
30f, g, and h, Code 2021, are amended to read as follows:
31c. Within five days after receipt of the written notice
32that the school board has voted to consider termination of
33the contract, the administrator may request a private hearing
34 in writing to the secretary of the school board. The board
35shall then forward that the notification be forwarded to the
-31-1board of educational examiners along with a request that the
2board of educational examiners submit a list of five qualified
3administrative law judges to the parties. Within three
4days from receipt of the list the parties shall select an
5administrative law judge by alternately removing a name from
6the list until only one name remains. The person whose name
7remains shall be the administrative law judge. The parties
8shall determine by lot which party shall remove the first
9name from the list. The private hearing shall be held no
10sooner than twenty ten days and not later than forty thirty
11 days following the administrator’s request unless the parties
12otherwise agree. If the administrator does not request a
13private hearing, the school board, not later than May 31, may
14determine the continuance or discontinuance of the contract
15and, if the board determines to continue the administrator’s
16contract, whether to suspend the administrator with or without
17pay for a period specified by the board. School board action
18shall be by majority roll call vote entered on the minutes of
19the meeting. Notice of school board action shall be personally
20delivered or mailed to the administrator.
21d. The administrative law judge selected shall notify
22the secretary of the school board and the administrator in
23writing concerning the date, time, and location of the private
24 hearing. The school board may be represented by a legal
25representative, if any, and the administrator shall appear and
26may be represented by counsel or by representative, if any.
27Any witnesses for the parties at the private hearing shall be
28sequestered. A transcript or recording shall be made of the
29proceedings at the private hearing. A school board member or
30administrator is not liable for any damage to an administrator
31or school board member if a statement made at the private
32 hearing is determined to be erroneous as long as the statement
33was made in good faith.
34e. The administrative law judge shall, within ten days
35following the date of the private hearing, make a proposed
-32-1decision as to whether or not the administrator should be
2dismissed, and shall give a copy of the proposed decision to
3the administrator and the school board. Findings of fact shall
4be prepared by the administrative law judge. The proposed
5decision of the administrative law judge shall become the final
6decision of the school board unless within thirty ten days
7after the filing of the decision the administrator files a
8written notice of appeal with the school board, or the school
9board on its own motion determines to review the decision.
10f. If the administrator appeals to the school board, or if
11the school board determines on its own motion to review the
12proposed decision of the administrative law judge, a private
13hearing shall be held before the school board within ten five
14 days after the petition for review, or motion for review, has
15been made or at such other time as the parties agree. The
16private hearing is not subject to chapter 21. The school board
17may hear the case de novo upon the record as submitted before
18the administrative law judge. In cases where there is an
19appeal from a proposed decision or where a proposed decision
20is reviewed on motion of the school board, an opportunity
21shall be afforded to each party to file exceptions, present
22briefs, and present oral arguments to the school board which
23is to render the final decision. The secretary of the school
24board shall give the administrator written notice of the time,
25place, and date of the private hearing. The school board shall
26meet within five days after the private hearing to determine
27the question of continuance or discontinuance of the contract
28and, if the board determines to continue the administrator’s
29contract, whether to suspend the administrator with or
30without pay for a period specified by the board or issue the
31administrator a one-year, nonrenewable contract. The school
32board shall make findings of fact which shall be based solely
33on the evidence in the record and on matters officially noticed
34in the record.
35g. The decision of the school board shall be in writing
-33- 1and shall include finding of fact and conclusions of law,
2separately stated. Findings of fact, if set forth in statutory
3language, shall be accompanied by a concise and explicit
4statement of the underlying facts supporting the findings.
5Each conclusion of law shall be supported by cited authority
6or by reasoned opinion.
7h. When the school board has reached a decision, opinion,
8or conclusion, it shall convene in open meeting and by roll
9call vote determine the continuance or discontinuance of
10the administrator’s contract and, if the board votes to
11continue the administrator’s contract, whether to suspend the
12administrator with or without pay for a period specified by
13the board or issue the administrator a one-year, nonrenewable
14contract. The record of the private hearing conference and
15written decision of the board findings of fact and exceptions
16 shall be exempt from the provisions of chapter 22. The
17secretary of the school board shall immediately personally
18deliver or mail notice of the school board’s action to the
19administrator.
20 Sec. 52. Section 279.27, Code 2021, is amended to read as
21follows:
22279.27 Discharge of teacher.
231. A teacher may be discharged at any time during the
24contract year for just cause. The superintendent or the
25superintendent’s designee, shall notify the teacher immediately
26that the superintendent will recommend in writing to the board
27at a regular or special meeting of the board held not more
28than fifteen days after notification has been given to the
29teacher that the teacher’s continuing contract be terminated
30effective immediately following a decision of the board.
31The procedure for dismissal shall be as provided in section
32279.15, subsection 2, and sections 279.16 through 279.19. The
33superintendent may suspend a teacher under this section pending
34hearing and determination by the board.
352. For purposes of this section, “just cause” includes
-34-1but is not limited to a violation of the code of professional
2conduct and ethics of the board of educational examiners if
3the board has taken disciplinary action against a teacher,
4during the six months following issuance by the board of a
5final written decision and finding of fact after a disciplinary
6proceeding.
7 Sec. 53. Section 284.3, subsection 2, Code 2021, is amended
8to read as follows:
92. A school board shall provide for the following:
10a. For purposes of comprehensive evaluations, standards
11and criteria which measure a beginning teacher’s performance
12against the Iowa teaching standards specified in subsection 1,
13and the criteria for the Iowa teaching standards developed by
14the department in accordance with section 256.9, to determine
15whether the teacher’s practice meets the requirements specified
16for a career teacher. These standards and criteria shall be
17set forth in an instrument provided by the department. The
18comprehensive evaluation and instrument are not subject to
19negotiations or grievance procedures pursuant to chapter 20 or
20determinations made by the board of directors under section
21279.14. A local school board and its certified bargaining
22representative may negotiate, pursuant to chapter 20,
23evaluation and grievance procedures for beginning teachers that
24are not in conflict with this chapter. If, in accordance with
25section 279.19, a beginning teacher appeals the determination
26of a school board to an adjudicator under section 279.17, the
27adjudicator selected shall have successfully completed training
28related to the Iowa teacher standards, the criteria adopted
29by the state board in accordance with subsection 3, and any
30additional training required under rules adopted by the public
31employment relations board in cooperation with the state board.
32b. For purposes of performance reviews for teachers other
33than beginning teachers, evaluations that contain, at a
34minimum, the Iowa teaching standards specified in subsection
351, as well as the criteria for the Iowa teaching standards
-35-1developed by the department in accordance with section
2256.9, subsection 42. A local school board and its certified
3bargaining representative may negotiate, pursuant to chapter
420, additional teaching standards and criteria. A local
5school board and its certified bargaining representative shall
6negotiate, pursuant to chapter 20, evaluation and grievance
7procedures for teachers other than beginning teachers that are
8not in conflict with this chapter.
9 Sec. 54. Section 284.4, subsection 1, paragraph b,
10subparagraphs (2) and (5), Code 2021, are amended to read as
11follows:
12(2) Monitor the evaluation requirements of this chapter
13to ensure evaluations are conducted in a fair and consistent
14manner throughout the school district or agency. The committee
15shall In addition to any negotiated evaluation procedures,
16 develop model evidence for the Iowa teaching standards and
17criteria. The model evidence will minimize paperwork and focus
18on teacher improvement. The model evidence will determine
19which standards and criteria can be met with observation and
20which evidence meets multiple standards and criteria.
21(5) Determine Ensure the agreement negotiated pursuant to
22chapter 20 determines the compensation for teachers on the
23committee for work responsibilities required beyond the normal
24work day.
25 Sec. 55. Section 284.8, subsections 2 and 3, Code 2021, are
26amended to read as follows:
272. If a supervisor or an evaluator determines, at any time,
28as a result of a teacher’s performance that the teacher is not
29meeting district expectations under the Iowa teaching standards
30specified in section 284.3, subsection 1, paragraphs “a”
31through “h”, and the criteria for the Iowa teaching standards
32developed by the department in accordance with section 256.9,
33subsection 42, and any other standards or criteria established
34in the collective bargaining agreement, the evaluator shall,
35at the direction of the teacher’s supervisor, recommend to
-36-1the district that the teacher participate in an intensive
2assistance program. The intensive assistance program and its
3implementation are not subject to negotiation and grievance
4procedures established pursuant to chapter 20. All school
5districts shall be prepared to offer an intensive assistance
6program.
73. A teacher who is not meeting the applicable standards and
8criteria based on a determination made pursuant to subsection 2
9shall participate in an intensive assistance program. However,
10a teacher who has previously participated in an intensive
11assistance program relating to particular Iowa teaching
12standards or criteria shall not be entitled to participate
13in another intensive assistance program relating to the same
14standards or criteria and shall be subject to the provisions of
15subsection 4.
16 Sec. 56. Section 284.8, Code 2021, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 2A. If a teacher is denied advancement
19to the career II or advanced teacher level based upon a
20performance review, the teacher may appeal the decision to an
21adjudicator under the process established under section 279.17.
22However, the decision of the adjudicator is final.
23 Sec. 57. Section 284.8, subsection 4, Code 2021, is amended
24by striking the subsection.
25 Sec. 58. EFFECTIVE DATE. This division of this Act, being
26deemed of immediate importance, takes effect upon enactment.
27 Sec. 59. APPLICABILITY. This division of this Act applies
28to employment contracts of school employees entered into
29pursuant to chapter 279 on and after the effective date of
30this division of this Act. This division of this Act does
31not apply to collective bargaining agreements which have been
32ratified in a ratification election referred to in section
3320.17, subsection 4, for which an arbitrator has made a final
34determination as described in section 20.22, subsection 11,
35or which have become effective, where such events occurred
-37-1before the effective date of this division of this Act. This
2division of this Act applies to all collective bargaining
3procedures provided for in chapter 20 occurring on and after
4the effective date of this division of this Act and collective
5bargaining agreements pursuant to chapter 20 for which a
6ratification election referred to in section 20.17, subsection
74, is held, for which an arbitrator makes a final determination
8as described in section 20.22, subsection 11, or which become
9effective on or after the effective date of this division of
10this Act.
11DIVISION V
12PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS
13 Sec. 60. Section 22.7, subsection 11, paragraph a,
14subparagraph (5), Code 2021, is amended to read as follows:
15(5) The fact that the individual resigned in lieu of
16termination, was discharged, or was demoted as the result of
17a final disciplinary action, and the documented reasons and
18rationale for the resignation in lieu of termination, the
19discharge, or the demotion. For purposes of this subparagraph,
20“demoted” and “demotion” mean a change of an employee from
21a position in a given classification to a position in a
22classification having a lower pay grade upon the exhaustion of
23all applicable contractual, legal, and statutory remedies.
24 Sec. 61. REPEAL. Sections 22.13A and 22.15, Code 2021, are
25repealed.
26 Sec. 62. EFFECTIVE DATE. This division of this Act, being
27deemed of immediate importance, takes effect upon enactment.
28 Sec. 63. APPLICABILITY. This division of this Act applies
29to requests for records pursuant to chapter 22 submitted on or
30after the effective date of this division of this Act.
31DIVISION VI
32CITY CIVIL SERVICE REQUIREMENTS
33 Sec. 64. Section 400.12, subsection 4, Code 2021, is amended
34by striking the subsection.
35 Sec. 65. Section 400.17, subsection 4, Code 2021, is amended
-38-1to read as follows:
24. A person shall not be appointed, denied appointment,
3promoted, removed, discharged, suspended, or demoted to or
4from a civil service position or in any other way favored or
5discriminated against in that position because of political
6or religious opinions or affiliations, race, national origin,
7sex, or age, or in retaliation for the exercise of any right
8enumerated in this chapter. However, the maximum age for a
9police officer or fire fighter covered by this chapter and
10employed for police duty or the duty of fighting fires is
11sixty-five years of age.
12 Sec. 66. Section 400.18, Code 2021, is amended by striking
13the section and inserting in lieu thereof the following:
14400.18 Removal, demotion, or suspension.
151. A person holding civil service rights as provided in
16this chapter shall not be removed, demoted, or suspended
17arbitrarily, except as otherwise provided in this chapter, but
18may be removed, demoted, or suspended after a hearing by a
19majority vote of the civil service commission, for neglect of
20duty, disobedience, misconduct, or failure to properly perform
21the person’s duties.
222. The party alleging neglect of duty, disobedience,
23misconduct, or failure to properly perform a duty shall have
24the burden of proof.
253. A person subject to a hearing has the right to be
26represented by counsel at the person’s expense or by the
27person’s authorized collective bargaining representative.
28 Sec. 67. Section 400.19, Code 2021, is amended to read as
29follows:
30400.19 Removal, or discharge, demotion, or suspension of
31subordinates.
32The person having the appointing power as provided in
33this chapter, or the chief of police or chief of the fire
34department, may, upon presentation of grounds for such action
35to the subordinate in writing, peremptorily remove, discharge,
-39-1demote, or suspend, demote, or discharge a subordinate then
2under the person’s or chief’s direction due to any act or
3failure to act by the employee that is in contravention of law,
4city policies, or standard operating procedures, or that in
5the judgment of the person or chief is sufficient to show that
6the employee is unsuitable or unfit for employment for neglect
7of duty, disobedience of orders, misconduct, or failure to
8properly perform the subordinate’s duties.
9 Sec. 68. Section 400.20, Code 2021, is amended to read as
10follows:
11400.20 Appeal.
12The removal, discharge suspension, demotion, or suspension
13 discharge of a person holding civil service rights may be
14appealed to the civil service commission within fourteen
15calendar days after the removal, discharge suspension,
16demotion, or suspension discharge.
17 Sec. 69. Section 400.21, Code 2021, is amended to read as
18follows:
19400.21 Notice of appeal.
20If the appeal be taken by the person removed, discharged
21 suspended, demoted, or suspended discharged, notice of the
22appeal, signed by the appellant and specifying the ruling
23appealed from, shall be filed with the clerk of the commission.
24If the appeal is taken by the person making such removal,
25discharge suspension, demotion, or suspension discharge, such
26notice shall also be served upon the person removed, discharged
27 suspended, demoted, or suspended discharged.
28 Sec. 70. Section 400.22, Code 2021, is amended to read as
29follows:
30400.22 Charges.
31Within fourteen calendar days from the service of the notice
32of appeal, the person or body making the ruling appealed
33from shall file with the body to which the appeal is taken a
34written specification of the charges and grounds upon which the
35ruling was based. If the charges are not filed, the person
-40-1removed, suspended or discharged, demoted, or suspended may
2present the matter to the body to whom the appeal is to be
3taken by affidavit, setting forth the facts, and the body to
4whom the appeal is to be taken shall immediately enter an
5order reinstating the person removed, suspended or discharged,
6demoted, or suspended for want of prosecution.
7 Sec. 71. Section 400.27, subsection 3, Code 2021, is amended
8to read as follows:
93. The city or any civil service employee shall have a
10right to appeal to the district court from the final ruling or
11decision of the civil service commission. The appeal shall be
12taken within thirty days from the filing of the formal decision
13of the commission. The district court of the county in which
14the city is located shall have full jurisdiction of the appeal.
15The scope of review for the appeal shall be limited to de novo
16appellate review without a trial or additional evidence The
17appeal shall be a trial de novo as an equitable action in the
18district court.
19 Sec. 72. Section 400.28, Code 2021, is amended by striking
20the section and inserting in lieu thereof the following:
21400.28 Employees — number diminished.
221. When the public interest requires a diminution of
23employees in a classification or grade under civil service,
24the city council, acting in good faith, may do either of the
25following:
26a. Abolish the office and remove the employee from the
27employee’s classification or grade thereunder.
28b. Reduce the number of employees in any classification or
29grade by suspending the necessary number.
302. In case it thus becomes necessary to so remove or suspend
31any such employees, the persons so removed or suspended shall
32be those having seniority of the shortest duration in the
33classifications or grades affected, and such seniority shall be
34computed as provided in section 400.12 for all persons holding
35seniority in the classification or grade affected, regardless
-41-1of their seniority in any other classification or grade, but
2any such employee so removed from any classification or grade
3shall revert to the employee’s seniority in the next lower
4grade or classification; if such seniority is equal, then the
5one less efficient and competent as determined by the person or
6body having the appointing power shall be the one affected.
73. In case of removal or suspension, the civil service
8commission shall issue to each person affected one certificate
9showing the person’s comparative seniority or length of service
10in each of the classifications or grades from which the person
11is so removed and the fact that the person has been honorably
12removed. The certificate shall also list each classification
13or grade in which the person was previously employed. The
14person’s name shall be carried for a period of not less than
15three years after the suspension or removal on a preferred list
16and appointments or promotions made during that period to the
17person’s former duties in the classification or grade shall
18be made in the order of greater seniority from the preferred
19lists.
20 Sec. 73. SENIORITY RIGHTS REESTABLISHED. The seniority
21rights of any civil service employee extinguished pursuant
22to section 400.12, subsection 4, Code 2021, are hereby
23reestablished, including accrual of seniority during the period
24of extinguishment.
25 Sec. 74. EFFECTIVE DATE. This division of this Act, being
26deemed of immediate importance, takes effect upon enactment.
27 Sec. 75. APPLICABILITY. This division of this Act applies
28to employment actions taken on or after the effective date of
29this division of this Act.
30DIVISION VII
31HEALTH INSURANCE MATTERS
32 Sec. 76. REPEAL. Section 70A.41, Code 2021, is repealed.
33 Sec. 77. EFFECTIVE DATE. This division of this Act, being
34deemed of immediate importance, takes effect upon enactment.
35DIVISION VIII
-42-1FAMILY AND MEDICAL LEAVE INSURANCE
2 Sec. 78. Section 7E.5, subsection 1, paragraph h, Code 2021,
3is amended to read as follows:
4h. The department of workforce development, created
5in section 84A.1, which has primary responsibility for
6administering the laws relating to unemployment compensation
7insurance, job placement and training, employment safety, labor
8standards, workers’ compensation, the family leave and medical
9insurance program, and related matters.
10 Sec. 79. Section 84A.1, subsection 1, Code 2021, is amended
11to read as follows:
121. The department of workforce development is created to
13administer the laws of this state relating to unemployment
14compensation insurance, job placement and training, employment
15safety, labor standards, and workers’ compensation, and the
16family leave and medical leave insurance program.
17 Sec. 80. NEW SECTION. 96A.1 Short title.
18This chapter may be cited as the “Iowa Family and Medical
19Leave Act”.
20 Sec. 81. NEW SECTION. 96A.2 Definitions.
21As used in this chapter, unless the context otherwise
22requires:
231. “Child” means a biological, adopted, or foster child,
24a stepchild, a legal ward, or a child of a person standing in
25loco parentis, regardless of the child’s age or dependency
26status.
272. “Covered employer” means a private sector employer who
28has ten or more employees for each working day during each of
29twenty or more calendar workweeks in the current or previous
30calendar year, and a public employer without regard to the
31number of employees employed.
323. “Department” means the department of workforce
33development.
344. “Director” means the director of the department of
35workforce development.
-43- 15. “Employee” means a natural person who is employed in
2this state for wages by an employer. “Employee” also includes
3a commission salesperson who takes orders or performs services
4on behalf of a principal and who is paid on the basis of
5commissions but does not include persons who purchase for
6their own account for resale. “Employee” shall not include an
7independent contractor, a self-employed person, or a patient or
8inmate employed by a state or local institution to which the
9patient or inmate has been sentenced or committed, or any of
10the following persons engaged in agriculture:
11a. The spouse of the employer and a relative of either the
12employer or the employer’s spouse who resides on the premises
13of the employer.
14b. A person engaged in agriculture as an owner-operator
15or tenant-operator, and the spouse or a relative of either
16an owner-operator or a tenant-operator who resides on the
17premises while exchanging labor with the owner-operator or the
18tenant-operator for mutual benefit.
19c. A neighboring person engaged in agriculture who is
20exchanging labor or other services.
216. “Employer” means the same as defined in 91A.2.
22“Employer” includes a temporary staffing agency or employment
23agency.
247. “Employment benefits” means all benefits provided or
25made available to an employee by an employer, including group
26life insurance, health insurance, disability insurance, sick
27leave, annual leave, educational benefits, and pensions except
28benefits that are provided by a practice or written policy of
29an employer or through an employee benefit plan as defined in
3029 U.S.C.§1002(3).
318. “Family leave” means a leave taken from work by an
32employee for any of the following reasons:
33a. To participate in providing care, including physical or
34psychological care, for a family member of the employee made
35necessary by a serious health condition of the family member.
-44- 1b. To bond with the employee’s child after the child’s
2birth, or with a child under the age of eighteen placed with
3the employee for adoption or foster care.
4c. Because of a qualifying exigency for a family member as
5permitted under the federal Family and Medical Leave Act of
61993, as amended, and federal regulations as provided in 29
7C.F.R.§825.126.
89. “Family member” means a child, parent, or spouse of an
9employee.
1010. “Gross earnings” means the same as defined in section
1185.61.
1211. “Health care provider” means a physician or other
13health care practitioner licensed, accredited, registered, or
14certified to perform specified health care services consistent
15with state law.
1612. “In loco parentis” means an individual who has
17day-to-day responsibilities to care for or financially support
18a child.
1913. “Inpatient care” means an overnight stay in a hospital,
20hospice, or residential medical care facility, including any
21period of incapacity, or any subsequent treatment in connection
22with such inpatient care.
2314. “Medical leave” means a leave from work taken by an
24employee made necessary by the employee’s own serious health
25condition.
2615. “Parent” means a biological, adoptive, step, or foster
27father or mother, or any other individual who stands in
28loco parentis to an employee or who stood in loco parentis
29when the employee was a child. “Parent” does not include a
30parent-in-law.
3116. “Period of incapacity” means an inability to work,
32attend school, or perform other regular daily activities due
33to a serious health condition, treatment of a serious health
34condition, or recovery from a serious health condition.
3517. “Premium” or “premiums” means the payments required by
-45-1section 96A.12 and paid to the department for deposit in the
2family and medical leave insurance account pursuant to section
396A.22.
418. “Public employer” means the state of Iowa, its
5boards, commissions, agencies, departments, and its political
6subdivisions including school districts and other special
7purpose districts.
819. “Serious health condition” means an illness, injury,
9impairment, physical condition, or mental condition that
10involves inpatient care in a hospital, hospice, medical care
11facility, or continued treatment or continuing supervision by
12a health care provider.
1320. “Spendable weekly earnings” means the amount remaining
14after payroll taxes are deducted from an employee’s gross
15weekly earnings.
1621. “Spouse” means the person with whom an individual has
17entered into marriage as defined or recognized under state law
18for purposes of marriage in the state in which the marriage
19was entered into or, in the case of a marriage entered into
20outside of any state, if the marriage is valid in the place
21where the marriage was entered into and the marriage could have
22been entered into in at least one state, including a common law
23marriage.
2422. “Wages” means the same as defined in section 91A.2.
25 Sec. 82. NEW SECTION. 96A.3 Benefit eligibility.
26An employee is eligible for family leave and medical leave
27as provided in this chapter after working for a covered
28employer for both a minimum of twelve consecutive months
29immediately preceding the employee’s request for leave and a
30minimum of one thousand two hundred fifty hours during that
31twelve-consecutive-month period.
32 Sec. 83. NEW SECTION. 96A.4 Leave entitlement for a defined
33twelve-month period.
341. An employee is entitled to a maximum of twelve weeks
35of family leave during a defined period of twelve consecutive
-46-1months.
22. An employee is entitled to a maximum of twelve weeks of
3medical leave during a defined period of twelve consecutive
4months unless the employee experiences a serious health
5condition, which is pregnancy-related, that results in a longer
6period of incapacity in which case any extended medical leave
7beyond twelve weeks shall conform with section 216.6.
83. An employee is entitled to a maximum combined total of
9paid family leave and medical leave of sixteen weeks during a
10defined period of twelve consecutive months.
114. An employee is not entitled to family leave or medical
12leave of less than eight consecutive hours.
13 Sec. 84. NEW SECTION. 96A.5 Calculating the defined
14twelve-month period.
15The defined period of twelve consecutive months for
16calculation of an eligible employee’s family leave or medical
17leave entitlement begins on any of the following:
181. The date of birth of the employee’s child, or the date
19of placement of a child for adoption or foster care with the
20employee.
212. The first day of family leave that the employee takes for
22a family member’s serious health condition or a family member’s
23qualifying exigency.
243. The first day of the employee’s medical leave.
25 Sec. 85. NEW SECTION. 96A.6 Disqualification from leave
26entitlement.
27An eligible employee is disqualified for family leave or
28medical leave benefits under this chapter for any of the
29following reasons:
301. An absence due to the employee’s willful intention to
31injure or cause a sickness to the employee or to the employee’s
32family member.
332. An injury or sickness caused by the employee engaging in
34an illegal act.
353. The employee’s absence due to an employer taking any
-47-1disciplinary action against the employee.
2 Sec. 86. NEW SECTION. 96A.7 Employee notice to employer
3of intent to take leave.
41. If leave for the birth of a child or placement of a child
5for adoption or foster care with an employee is foreseeable,
6the employee shall provide written notice to the employer not
7less than thirty calendar days before the date the leave is to
8begin.
92. If the birth of a child or placement of a child for
10adoption or foster care with an employee requires leave to
11begin in less than thirty calendar days, the employee shall
12provide written notice to the employer as far in advance as is
13practicable.
143. If leave for a family member’s serious health condition
15or an employee’s serious health condition is foreseeable based
16on planned medical treatment, the employee shall do all of the
17following:
18a. Make a reasonable effort to schedule such medical
19treatment, subject to the recommendation of the employee’s or
20family member’s health care provider as appropriate, to not
21unduly disrupt the operations of the employer.
22b. Provide the employer with not less than thirty calendar
23days prior written notice of the employee’s intention to take
24leave for a family member’s serious health condition or the
25employee’s serious health condition.
264. If leave for a family member’s serious health condition
27or an employee’s serious health condition is not foreseeable,
28the employee shall provide written notice to the employer as
29far in advance as is practicable.
30 Sec. 87. NEW SECTION. 96A.8 Weekly claim, certification,
31and verification.
32Beginning January 1, 2026, family leave or medical leave
33insurance benefits are payable to an employee during a period
34in which the employee is unable to perform the employee’s
35regular or customary work because the employee is on family
-48-1leave or medical leave if the employee meets all of the
2following requirements:
31. The employee files a weekly claim for benefits with the
4department as required per rules adopted by the director.
52. The employee meets the eligibility requirements pursuant
6to section 96A.3 or the elective coverage requirements pursuant
7to section 96A.14.
83. The employee consents to the disclosure of information or
9records that may be deemed private or confidential under state
10or federal law. Disclosure of such information and records by
11another state agency or an employer to the department shall
12be solely for purposes related to the administration of this
13chapter. Information and records disclosed by an employee
14under this chapter shall not be public records as defined in
15section 22.1.
164. The employee authorizes the health care provider of the
17employee’s family member or of the employee, as applicable, to
18complete a certification of a serious health condition in a
19form as required by the director.
205. The employee attests that written notice has been
21provided to the employee’s employer per section 96A.7.
226. The employee provides documentation of a family member’s
23qualifying exigency if requested by the employee’s employer.
24 Sec. 88. NEW SECTION. 96A.9 Waiting period for leave
25benefits.
26Family leave or medical leave insurance benefits shall be
27payable to an eligible employee following a waiting period
28consisting of the first seven calendar days of the employee’s
29leave. However, no such waiting period applies to a leave for
30the birth or placement of a child with an eligible employee.
31 Sec. 89. NEW SECTION. 96A.10 Weekly leave benefit amount.
321. The basis for the calculation of a leave benefit amount
33shall be the weekly earnings of an eligible employee on the
34day the leave is granted. “Weekly earnings” means the gross
35earnings of an employee to which the employee would have been
-49-1entitled had the employee worked the employee’s customary hours
2for the full pay period in which the employee is on family
3leave or medical leave. Weekly earnings shall be computed as
4follows, rounded to the nearest dollar, for an employee who is
5paid on the following basis:
6a. On a weekly pay period basis, the weekly earnings are the
7weekly gross earnings.
8b. On a biweekly pay period basis, the weekly earnings are
9one-half of the biweekly gross earnings.
10c. On a semimonthly pay period basis, the weekly earnings
11are the semimonthly gross earnings multiplied by twenty-four
12and then divided by fifty-two.
13d. On a monthly pay period basis, the weekly earnings
14are the monthly gross earnings multiplied by twelve and then
15divided by fifty-two.
16e. On a yearly pay period basis, the weekly earnings shall
17be the yearly earnings divided by fifty-two.
18f. On a daily or hourly basis, or by the output of an
19employee, the weekly earnings shall be computed by dividing by
20thirteen the earnings, including shift differential pay but
21not including overtime or premium pay, of the employee earned
22in the last completed period of thirteen consecutive calendar
23weeks immediately preceding the start day of the leave. If
24the employee was absent from employment for personal reasons
25during part of the thirteen calendar weeks preceding the
26leave, the employee’s weekly earnings shall be the amount the
27employee would have earned had the employee worked when work
28was available to other employees of the employer in a similar
29occupation. A week that does not fairly reflect the employee’s
30customary earnings shall be replaced by the closest previous
31week with earnings that fairly represent the employee’s
32customary earnings.
332. If on the date that an employee’s leave begins the
34employee’s hourly earnings cannot be ascertained, the earnings
35for the purpose of calculating the benefit amount shall be the
-50-1usual earnings for similar services where such services are
2rendered by paid employees.
33. If an employee earns either no wages, or less than the
4usual weekly earnings of a regular full-time adult laborer
5in the line of work in which the employee is working in
6that locality, the weekly earnings shall be one-fiftieth of
7the total earnings which the employee has earned from all
8employment during the twelve consecutive calendar months
9immediately preceding the date that the employee’s leave
10begins.
114. The weekly leave benefit amount payable to an employee
12for any one week shall be eighty percent of the employee’s
13spendable weekly earnings, but shall not exceed an amount equal
14to two hundred percent of the statewide average weekly wage
15as calculated by the department pursuant to section 96.1A and
16in effect on the date that the employee’s leave commences.
17However, the weekly leave benefit amount shall be a minimum
18equal to the lesser of the weekly leave benefit amount of a
19person whose gross weekly earnings are thirty-five percent of
20the statewide average weekly wage, or to the spendable weekly
21earnings of the employee.
22 Sec. 90. NEW SECTION. 96A.11 Payment of benefits to an
23eligible employee.
241. The department shall send the first benefit payment to
25an employee within ten calendar days after the first properly
26completed weekly claim from the employee is received by
27the department. Subsequent payments shall be sent at least
28biweekly to an eligible employee if a properly completed weekly
29claim from the employee is received by the department.
302. If an employer contests an employee’s initial claim
31for family leave or medical leave benefits, the employer must
32notify the employee and the department in the manner prescribed
33by the director within ten calendar days of the employer’s
34receipt of notice from the department of the employee’s filing
35of a claim for benefits pursuant to section 96A.21, subsection
-51-13. Failure to timely contest an initial application shall
2constitute a waiver of objection to the family leave or medical
3leave claim.
43. If the department or the employee’s employer contests
5an employee’s eligibility for benefits after the employee
6begins receiving benefits, the employee shall continue to
7be paid benefits conditionally for any weeks for which the
8employee files a claim for benefits. The employee’s right to
9retain such benefit payments shall be conditioned upon the
10department’s finding that the employee is eligible for such
11benefit payments.
12a. At an employee’s request, the department shall hold
13conditional benefit payments until the department resolves the
14employee’s eligibility status.
15b. Payment shall be issued promptly for any withheld benefit
16payments if the department determines that an employee is
17eligible for benefits.
18c. If the department determines that an employee is
19ineligible for the conditionally paid benefits, the employee
20shall repay the overpayment per rules adopted by the director.
21 Sec. 91. NEW SECTION. 96A.12 Funding the family leave and
22medical leave insurance program.
231. Beginning on January 1, 2024, and ending December
2431, 2025, the department shall assess for each employee
25in employment with a covered employer a premium rate of
26four-tenths of one percent of the employee’s wages based on the
27amount of the wages, subject to subsection 6.
28a. The premium rate for family leave benefits shall be equal
29to one-third of the total premium rate.
30b. The premium rate for medical leave benefits shall be
31equal to two-thirds of the total premium rate.
322. For calendar year 2026 and subsequent calendar years the
33director shall determine the percentage of paid claims related
34to family leave benefits and the percentage of paid claims
35related to medical leave benefits and adjust the premium rates
-52-1set in subsection 1 by the proportional share of claims paid
2for both types of leave.
33. For family leave premiums a covered employer may deduct
4up to forty-five percent of the full amount of the required
5premiums from the wages of each employee. The remaining
6fifty-five percent of the required premiums shall be paid by
7the covered employer.
84. For medical leave premiums a covered employer may deduct
9up to forty-five percent of the full amount of the required
10premiums from the wages of each employee. The remaining
11fifty-five percent of the required premiums shall be paid by
12the covered employer.
135. A covered employer may elect to pay all or any portion of
14its employees’ share of the premiums for family leave benefits
15or medical leave benefits or both.
166. The director shall annually set a maximum limit on the
17amount of an employee’s wages that are subject to a premium
18assessment under this section that is equal to the contribution
19and benefit base for the calendar year as determined by the
20United States social security administration for purposes of
2126 U.S.C.§3121(a).
227. For calendar year 2026 and subsequent calendar years,
23the total premium rate shall be based on the family leave and
24medical leave insurance account balance ratio as of September
2530 of the previous year. The director shall calculate the
26account balance ratio by dividing the balance of the family
27leave and medical leave insurance account by the total wages
28paid by covered employers. The division shall be carried
29to the fourth decimal place with the remaining fraction
30disregarded unless it amounts to five hundred thousandths or
31more in which case the fourth decimal place shall be rounded
32to the next higher digit. If the family leave and medical
33leave insurance account balance ratio is any of the following
34percentages, the premium shall be the following percentage of
35an employee’s wages subject to a premium assessment:
-53- 1a. If the ratio is zero to nine hundredths of one percent,
2the premium shall be six-tenths of one percent.
3b. If the ratio is one-tenth of one percent to nineteen
4hundredths of one percent, the premium shall be five-tenths of
5one percent.
6c. If the ratio is two-tenths of one percent to twenty-nine
7hundredths of one percent, the premium shall be four-tenths of
8one percent.
9d. If the ratio is three-tenths of one percent to
10thirty-nine hundredths of one percent, the premium shall be
11three-tenths of one percent.
12e. If the ratio is four-tenths of one percent to forty-nine
13hundredths of one percent, the premium shall be two-tenths of
14one percent.
15f. If the ratio is five-tenths of one percent or greater,
16the premium shall be one-tenth of one percent.
178. Beginning January 1, 2026, if the account balance ratio
18calculated in subsection 7 is below five hundredths of one
19percent, the director shall assess a solvency surcharge at
20the lowest rate necessary to provide revenue to pay for the
21administrative and benefit costs of family leave and medical
22leave insurance for the calendar year. The solvency surcharge
23shall be at least one-tenth of one percent and no more than
24six-tenths of one percent and shall be added to the total
25premium rate assessed to each employee of a covered employer
26for family leave and medical leave benefits.
279. A covered employer shall collect all required premiums
28and surcharges from the employer’s employees through payroll
29deductions and shall remit the amount collected and the amount
30to be paid by the employer to the department as required by
31rules adopted by the director.
3210. On September 30 of each year the department shall
33average the number of employees reported by an employer over
34the last four completed calendar quarters to determine the
35number of employees employed by the employer for the purpose
-54-1of determining if an employer shall be considered a covered
2employer for the next calendar year.
3 Sec. 92. NEW SECTION. 96A.13 Conditional waiver of premium
4for out-of-state employee.
51. An employer may file an application with the department
6for a conditional waiver of the payment of family leave and
7medical leave premiums assessed under section 96A.12 for an
8employee who meets all of the following requirements:
9a. The employee is physically based outside of the state.
10b. The employee physically works in the state on a limited
11or temporary work schedule.
12c. The employee is not expected to physically work in the
13state for one thousand two hundred fifty hours or more during
14any consecutive twelve-month period.
152. The department shall approve an application that is
16signed by both the employee and the employee’s employer
17attesting to compliance with the requirements of subsection 1.
183. If the employee physically works in the state for one
19thousand two hundred fifty hours or more in any consecutive
20twelve-month period, the conditional waiver shall expire and
21the employer and employee shall be responsible for all premiums
22pursuant to section 96A.12 for the consecutive twelve-month
23period in which the employee worked one thousand two hundred
24fifty hours or more. Upon submission of the premiums by the
25employer to the department, the employee shall be credited for
26the hours worked during that consecutive twelve-month period
27and shall be eligible for benefits under this chapter.
28 Sec. 93. NEW SECTION. 96A.14 Self-employed persons elective
29participation in the family leave and medical leave insurance
30program.
311. A self-employed person electing to participate in the
32family leave and medical leave insurance program shall be
33considered either an employer or employee under this chapter
34as the context dictates.
352. For benefits payable beginning January 1, 2026, a
-55-1self-employed person may elect to participate in the family
2leave and medical leave insurance program under this chapter
3if the self-employed person meets all of the following
4requirements:
5a. The initial participation period for the self-employed
6person must be a minimum of three years.
7b. Any subsequent participation period by the self-employed
8person must be for a minimum of one year.
9c. The self-employed person must participate in both family
10leave and medical leave.
11d. One hundred percent of all premiums assessed by
12the department under section 96A.12 shall be paid by the
13self-employed person.
143. A self-employed person shall file a written notice of
15election of elective coverage with the department in the manner
16required by the director.
174. A self-employed person shall be eligible for
18family leave and medical leave benefits after working one
19thousand two hundred fifty hours in the state during the
20twelve-consecutive-month period immediately following the date
21of the written notice the self-employed person filed pursuant
22to subsection 3.
235. A self-employed person who has elected coverage may
24withdraw from coverage within thirty calendar days after the
25end of each participation period pursuant to subsection 2,
26paragraph “a” or “b”, by filing a written notice of withdrawal
27as required pursuant to the rules adopted by the director. The
28withdrawal shall take effect no sooner than thirty calendar
29days after the self-employed person files the notice of
30withdrawal.
316. If a self-employed person fails to submit the required
32premium payments, the department may cancel the person’s
33elective coverage. The cancellation shall be effective no
34sooner than thirty days from the date of a written notice
35from the department to the self-employed person advising the
-56-1self-employed person of the impending cancellation of the
2self-employed person’s elective coverage. The department shall
3collect all due and unpaid premiums from the self-employed
4person for the remainder of the applicable participation period
5pursuant to subsection 2, paragraph “a” or “b”.
6 Sec. 94. NEW SECTION. 96A.15 Employment protection.
71. An eligible employee who takes family leave or medical
8leave under this chapter is entitled to either of the following
9on the employee’s return from leave:
10a. To be restored to the same position held by the employee
11when the employee’s leave commenced.
12b. To be restored to an equivalent position with equivalent
13employment benefits, pay, and other terms and conditions of
14employment.
152. As a condition of restoration under subsection 1 for an
16employee who has taken medical leave, the employer may apply
17a uniform policy to the employee that requires an employee to
18provide certification from the employee’s health care provider
19that the employee is able to resume work.
203. Taking leave under this chapter shall not result in the
21loss of any employment benefits accrued by an employee prior to
22the date on which the employee’s leave commenced.
234. This section shall not be construed to entitle a restored
24employee to any of the following:
25a. The accrual of any seniority or employment benefits
26during any period of leave.
27b. Any right, benefit, or position of employment other than
28any right, benefit, or position of employment to which the
29employee would have been entitled had the employee not taken
30leave.
315. This section shall not be construed to prohibit an
32employer from requiring an employee on leave to report
33periodically to the employer on the status and intention of the
34employee to return to work.
356. An employer may deny restoration under this section to
-57-1a salaried employee who is among the ten percent highest-paid
2employees employed by the employer within seventy-five miles
3of the facility at which the employee is employed if all of the
4following apply:
5a. Denial of restoration is necessary to prevent substantial
6and grievous economic injury to the operations of the employer.
7b. The employer notifies the employee of the intent of the
8employer to deny restoration on such basis at the time the
9employer determines such basis exists.
10c. The employee is on leave and elects not to return
11to employment after receiving the employer’s notice of the
12employer’s intent not to restore the employee.
137. This section shall not be construed as providing an
14employee greater restoration rights than those required under
15the federal Family and Medical Leave Act of 1993, as amended.
16 Sec. 95. NEW SECTION. 96A.16 Maintenance of existing health
17benefits.
18If required by the federal Family and Medical Leave
19Act of 1993, as amended, an employer shall maintain any
20existing health benefits of an employee for the duration of
21an employee’s leave under this chapter. If the employer and
22the employee normally share the cost of such existing health
23benefits, the employee shall remain responsible for the
24employee’s share of the cost of such.
25 Sec. 96. NEW SECTION. 96A.17 Employer submission of reports
26and maintenance of records.
271. Pursuant to rules adopted by the director, an employer
28shall submit reports and furnish information related to
29the family leave and medical leave insurance program to the
30director.
312. An employer shall maintain at the employer’s primary
32place of business a record of employment for each employee from
33which any information needed by the department for purposes of
34this chapter may be obtained. Such record shall be maintained
35for ten years from the date on which an eligible employee
-58-1applies for family leave or medical leave under this chapter.
2The record shall be open for inspection by the director at all
3times. All personnel records and employee medical records
4shall be maintained by the employer in compliance with all
5applicable federal and state laws.
6 Sec. 97. NEW SECTION. 96A.18 Coordination of family leave
7and medical leave with other laws and with employer policies.
81. Family leave or medical leave taken by an employee under
9this chapter shall be in addition to any leave available to
10an employee as required by applicable state or federal law
11for sickness or temporary disability because of pregnancy or
12childbirth.
132. Family leave or medical leave taken by an employee under
14this chapter shall be taken concurrently with any leave taken
15under the federal Family and Medical Leave Act of 1993, as
16amended.
173. An employer may allow an employee who has accrued
18vacation, sick, or other paid time off to choose to use either
19such accrued time or to receive paid family leave or medical
20leave insurance benefits under this chapter.
21 Sec. 98. NEW SECTION. 96A.19 Relationship to other state
22and federal benefits.
23In any week an employee is eligible to receive benefits under
24chapter 85, 85A, 85B, or 96, or any other applicable state or
25federal unemployment compensation, workers’ compensation, or
26disability insurance laws, the employee is disqualified from
27receiving family leave or medical leave insurance benefits
28under this chapter.
29 Sec. 99. NEW SECTION. 96A.20 Discrimination prohibited.
30This chapter shall not be construed to modify or affect any
31federal, state, or local law prohibiting discrimination on the
32basis of age, race, creed, color, sex, sexual orientation,
33gender identity, national origin, religion, disability, or
34other protected category.
35 Sec. 100. NEW SECTION. 96A.21 Department to administer
-59-1family leave and medical leave insurance program and conduct
2outreach.
31. The director shall establish and administer the family
4leave and medical leave insurance program and disburse family
5leave and medical leave benefits to an eligible employee as
6specified in this chapter.
72. The director shall establish procedures and forms for
8an employee to file an application for benefits under this
9chapter.
103. The department shall notify an employer within five
11business days of an employee filing a claim for family leave or
12medical leave insurance benefits.
134. Information and records pertaining to an employee under
14this chapter that are maintained by the department shall
15be confidential and shall only be available to department
16personnel in the performance of official duties.
175. The director shall develop and implement an outreach
18program to ensure that employers and employees are aware of
19the family leave and medical leave insurance program and are
20aware of the leave benefits available to eligible employees.
21Outreach information shall explain in an easy-to-understand
22format all of the following:
23a. Eligibility requirements.
24b. The application process.
25c. How weekly benefits are calculated and the minimum and
26maximum weekly benefit amount.
27d. Restoration rights.
28e. Nondiscrimination rights.
29f. Confidentiality.
30g. The relationship between employment protection, leave
31from employment, wage replacement benefits under this chapter
32and other laws, and employer policies.
336. The department shall be authorized to inspect and audit
34an employer’s files and records relating to the family leave
35and medical leave insurance program under this chapter.
-60-1 Sec. 101. NEW SECTION. 96A.22 Family leave and medical
2leave insurance account.
31. The family leave and medical leave insurance account
4is created as a separate account in the state treasury in the
5custody of the treasurer of state.
62. The director shall deposit all receipts from premiums
7imposed pursuant to sections 96A.12, 96A.13, and 96A.14 into
8the account. Expenditures from the account shall be used
9only for the purposes of the family leave and medical leave
10insurance program and only as authorized by the director.
113. All premiums deposited in the account shall remain in
12the account until expended pursuant to the requirements of this
13chapter.
14 Sec. 102. NEW SECTION. 96A.23 Rules.
15The director shall adopt rules pursuant to chapter 17A as
16necessary to implement and administer this chapter.
17 Sec. 103. NEW SECTION. 96A.24 Enforcement.
18The director may take any action under the director’s
19authority to enforce compliance with this chapter.
20 Sec. 104. DIRECTOR ANALYSIS OF FUNDING THE FAMILY LEAVE
21AND MEDICAL LEAVE INSURANCE PROGRAM AND REPORT TO THE GENERAL
22ASSEMBLY. The director of the department of workforce
23development shall conduct an analysis of the family leave
24and medical leave insurance program as funded pursuant to
25section 96A.12, as enacted in this Act, and of the benefits
26paid pursuant to section 96A.10, as enacted in this Act. The
27director shall determine if the premium rates and benefit
28levels are appropriate to fully fund and maintain the solvency
29of the family leave and medical leave insurance account.
30The director shall submit the director’s findings to the
31general assembly pursuant to section 7A.11 no later than
32January 14, 2022.
33DIVISION IX
34Infectious disease emergency response
35 Sec. 105. Section 88.3, Code 2021, is amended by adding the
-61-1following new subsection:
2 NEW SUBSECTION. 8A. “Period of infectious disease emergency”
3means that period of time that a disease or virus determined
4to be life-threatening to a person exposed to the disease or
5virus has been declared a pandemic, epidemic, or public health
6emergency by the federal government, governor, or local public
7health authorities.
8 Sec. 106. Section 88.5, Code 2021, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 5A. Emergency temporary standards —
11infectious disease emergencies.
12a. If, during a period of infectious disease emergency,
13the secretary provides a federal occupational safety and
14health standard, including an emergency temporary standard, or
15provides any other guideline or recommendation, relating to
16the infectious disease that is the subject of the period, the
17commissioner shall provide for one or more temporary standards
18pursuant to subsection 5 implementing the standard, guideline,
19or recommendation within one week of the issuance of the
20standard, guideline, or recommendation. The commissioner shall
21initiate the procedures provided for under this chapter for the
22purpose of promulgating a permanent standard as provided in
23subsection 1 of this section within one month of such issuance
24if the period remains in effect.
25b. Emergency standards provided pursuant to this subsection
26shall include a requirement that affected employers provide,
27at no cost to employees, personal protective equipment and
28sanitizing liquid in order to prevent the contraction or spread
29of the infectious disease.
30c. Emergency standards provided pursuant to this subsection
31shall include a requirement that an employer notify all
32employees who work in a workplace of the occurrence in the
33workplace of a confirmed positive case of the disease or virus
34which is the subject of the period of infectious disease
35emergency no later than twenty-four hours after learning of the
-62-1occurrence. Such a notification shall not include information
2prohibited from disclosure under federal law.
3 Sec. 107. Section 88.6, Code 2021, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 10. Procedures for complaints regarding
6periods of infectious disease emergency. The division shall
7respond to any complaint of a violation of this chapter during
8a period of infectious disease emergency that pertains to
9the infectious disease within twenty-four hours of receiving
10the complaint. The response shall confirm that the division
11has received the complaint and shall describe the steps the
12division will carry out to conduct an investigation of the
13complaint. The division shall begin such an investigation
14within seventy-two hours of receiving such a complaint. Upon
15request, and notwithstanding subsection 8, the division shall
16provide the person who made a complaint with an update on the
17progress of the investigation and a projected timeline for its
18completion.
19DIVISION X
20COVID-19 RELATED LIABILITY
21 Sec. 108. NEW SECTION. 686E.1 Short title.
22This chapter shall be known and may be cited as the
23“COVID-19 Response, Back to Business, Employer Protection,
24Worker Protection, Patient Protection, and Nursing Home Resident
25Protection Limited Liability Act”.
26 Sec. 109. NEW SECTION. 686E.2 Definitions.
27When used in this chapter, unless the context otherwise
28requires:
291. “COVID-19” means the novel coronavirus identified
30as SARS-CoV-2, the disease caused by the novel coronavirus
31SARS-CoV-2 or a virus mutating therefrom, and conditions
32associated with the disease caused by the novel coronavirus
33SARS-CoV-2 or a virus mutating therefrom.
342. “Disinfecting or cleaning supplies” means and includes
35hand sanitizers, disinfectants, sprays, and wipes.
-63- 13. “Health care facility” means and includes all of the
2following:
3a. A facility as defined in section 514J.102.
4b. A facility licensed pursuant to chapter 135B.
5c. A facility licensed pursuant to chapter 135C.
6d. Residential care facilities, nursing facilities,
7intermediate care facilities for persons with mental illness,
8intermediate care facilities for persons with intellectual
9disabilities, hospice programs, elder group homes, and assisted
10living programs.
114. “Health care professional” means physicians and other
12health care practitioners who are licensed, certified, or
13otherwise authorized or permitted by the laws of this state
14to administer health care services in the ordinary course
15of business or in the practice of a profession, whether
16paid or unpaid, including persons engaged in telemedicine or
17telehealth. “Health care professional” includes the employer or
18agent of a health care professional who provides or arranges
19health care.
205. “Health care provider” means and includes a health care
21professional, health care facility, home health care facility,
22and any other person or facility otherwise authorized or
23permitted by any federal or state statute, regulation, order,
24or public health guidance to administer health care services
25or treatment.
266. “Health care services” means services for the diagnosis,
27prevention, treatment, care, cure, or relief of a health
28condition, illness, injury, or disease.
297. “Minimum medical condition” means a diagnosis of
30COVID-19.
318. “Person” means the same as defined in section 4.1.
32“Person” includes an agent of a person.
339. “Personal protective equipment” means and includes
34protective clothing, gloves, face shields, goggles, facemasks,
35respirators, gowns, aprons, coveralls, and other equipment
-64-1designed to protect the wearer from injury or the spread of
2infection or illness.
310. “Premises” means and includes any real property and
4any appurtenant building or structure serving a commercial,
5residential, educational, religious, governmental, cultural,
6charitable, or health care purpose.
711. “Public health guidance” means and includes written
8guidance related to COVID-19 issued by any of the following:
9a. The centers for disease control and prevention of the
10federal department of health and human services.
11b. The centers for Medicare and Medicaid services of the
12federal department of health and human services.
13c. The federal occupational safety and health
14administration.
15d. The office of the governor.
16e. Any state agency, including the department of public
17health.
1812. “Qualified product” means and includes all of the
19following:
20a. Personal protective equipment used to protect the wearer
21from COVID-19 or to prevent the spread of COVID-19.
22b. Medical devices, equipment, and supplies used to treat
23COVID-19, including medical devices, equipment, or supplies
24that are used or modified for an unapproved use to treat
25COVID-19 or to prevent the spread of COVID-19.
26c. Medical devices, equipment, and supplies used outside of
27their normal use to treat COVID-19 or to prevent the spread of
28COVID-19.
29d. Medications used to treat COVID-19, including medications
30prescribed or dispensed for off-label use to attempt to treat
31COVID-19.
32e. Tests to diagnose or determine immunity to COVID-19.
33f. Any component of an item described in paragraphs “a”
34through “e”.
35 Sec. 110. NEW SECTION. 686E.3 Civil actions alleging
-65-1COVID-19 exposure.
2A person shall not bring or maintain a civil action alleging
3exposure or potential exposure to COVID-19 unless one of the
4following applies:
51. The civil action relates to a minimum medical condition.
62. The civil action involves an act that was intended to
7cause harm.
83. The civil action involves an act that constitutes actual
9malice.
10 Sec. 111. NEW SECTION. 686E.4 Premises owner’s duty of care
11— limited liability.
12A person who possesses or is in control of a premises,
13including a tenant, lessee, or occupant of a premises, who
14directly or indirectly invites or permits an individual onto
15a premises, shall not be liable for civil damages for any
16injuries sustained from the individual’s exposure to COVID-19,
17whether the exposure occurs on the premises or during any
18activity managed by the person who possesses or is in control
19of a premises, if the person qualifies for the protection
20afforded by section 686E.5.
21 Sec. 112. NEW SECTION. 686E.5 Safe harbor for compliance
22with regulations, executive orders, or public health guidance.
23A person in this state shall not be held liable for civil
24damages for any injuries sustained from exposure or potential
25exposure to COVID-19 if the act or omission alleged to violate
26a duty of care was in substantial compliance or was consistent
27with any federal or state statute, regulation, order, or public
28health guidance related to COVID-19 that was applicable to the
29person or activity at issue at the time of the alleged exposure
30or potential exposure.
31 Sec. 113. NEW SECTION. 686E.6 Liability of health care
32providers.
33A health care provider that qualifies for the protection
34afforded by section 686E.5 shall not be liable for civil
35damages for causing or contributing, directly or indirectly, to
-66-1the death or injury of an individual as a result of the health
2care provider’s acts or omissions while providing or arranging
3health care in support of the state’s response to COVID-19.
4This section shall apply to all of the following:
51. Injury or death resulting from screening, assessing,
6diagnosing, caring for, or treating individuals with a
7suspected or confirmed case of COVID-19.
82. Prescribing, administering, or dispensing a
9pharmaceutical for off-label use to treat a patient with a
10suspected or confirmed case of COVID-19.
113. Acts or omissions while providing health care to
12individuals unrelated to COVID-19 when those acts or omissions
13support the state’s response to COVID-19, including any of the
14following:
15a. Delaying or canceling nonurgent or elective dental,
16medical, or surgical procedures, or altering the diagnosis or
17treatment of an individual in response to any federal or state
18statute, regulation, order, or public health guidance.
19b. Diagnosing or treating patients outside the normal scope
20of the health care provider’s license or practice.
21c. Using medical devices, equipment, or supplies outside of
22their normal use for the provision of health care, including
23using or modifying medical devices, equipment, or supplies for
24an unapproved use.
25d. Conducting tests or providing treatment to any individual
26outside the premises of a health care facility.
27 Sec. 114. NEW SECTION. 686E.7 Supplies, equipment, and
28products designed, manufactured, labeled, sold, distributed, and
29donated in response to COVID-19.
301. Any person that qualifies for the protection afforded
31by section 686E.5 that designs, manufactures, labels, sells,
32distributes, or donates household disinfecting or cleaning
33supplies, personal protective equipment, or a qualified product
34in response to COVID-19 shall not be liable in a civil action
35alleging personal injury, death, or property damage caused by
-67-1or resulting from the design, manufacturing, labeling, selling,
2distributing, or donating of the household disinfecting
3or cleaning supplies, personal protective equipment, or a
4qualified product.
52. Any person that designs, manufactures, labels, sells,
6distributes, or donates household disinfecting or cleaning
7supplies, personal protective equipment, or a qualified product
8in response to COVID-19 shall not be liable in a civil action
9alleging personal injury, death, or property damage caused by
10or resulting from a failure to provide proper instructions or
11sufficient warnings.
12 Sec. 115. NEW SECTION. 686E.8 Construction.
13This chapter shall not be construed to affect the rights or
14limits under workers’ compensation as provided in chapter 85,
1585A, or 85B.
16 Sec. 116. NEW SECTION. 686E.9 Repeal.
17This chapter is repealed December 31, 2022.
18 Sec. 117. REPEAL. Chapter 686D, Code 2021, is repealed.
19 Sec. 118. EFFECTIVE DATE. This division of this Act, being
20deemed of immediate importance, takes effect upon enactment.
21 Sec. 119. RETROACTIVE APPLICABILITY. This division of this
22Act applies retroactively to January 1, 2020.
23DIVISION XI
24Contractor collective bargaining
25 Sec. 120. NEW SECTION. 20A.1 Definitions.
26When used in this chapter, unless the context otherwise
27requires:
281. “Arbitration” means the procedure whereby the parties
29involved in an impasse submit their differences to a third
30party for a final and binding decision or as provided in this
31chapter.
322. “Board” means the public employment relations board
33established under section 20.5.
343. “Contractor” means a natural person who performs labor in
35this state to whom a payor of income makes payments which are
-68-1not subject to withholding and for whom the payor of income is
2required by the internal revenue service to complete a form.
3“Contractor” includes a marketplace contractor as defined in
4section 93.1 and a subcontractor.
54. “Contractor organization” means an organization of any
6kind in which contractors participate and which exists for the
7primary purpose of representing contractors in their relations
8with employers.
95. “Employer” means a person, as defined in chapter 4, for
10whom a contractor performs labor under contract.
116. “Impasse” means the failure of an employer and the
12contractor organization to reach agreement in the course of
13negotiations.
147. “Mediation” means assistance by an impartial third party
15to reconcile an impasse between the employer and the contractor
16organization through interpretation, suggestion, and advice.
178. “Strike” means a contractor’s refusal, in concerted
18action with others, to report to duty, or a willful absence
19from the contractor’s position, or a stoppage of work by the
20contractor, or the contractor’s abstinence in whole or in
21part from the full, faithful, and proper performance of the
22contractor’s duties, for the purpose of inducing, influencing,
23or coercing a change in the conditions, compensation, rights,
24privileges, or obligations of the contractor’s work.
25 Sec. 121. NEW SECTION. 20A.2 Powers and duties of the
26board.
27The board shall:
281. Interpret, apply, and administer the provisions of this
29chapter.
302. Collect data and conduct studies relating to wages,
31hours, benefits, and other terms and conditions of contractors
32and make the same available to employers and any interested
33person or organization.
343. Adopt rules in accordance with the provisions of chapter
3517A as it may deem necessary to carry out the purposes of this
-69-1chapter.
2 Sec. 122. NEW SECTION. 20A.3 Employer rights.
3Employers shall have, in addition to all powers, duties,
4and rights established by constitutional provision, statute,
5ordinance, or common law, the exclusive power, duty, and the
6right to:
71. Direct the work of its contractors.
82. Suspend or discharge contractors for proper cause.
93. Maintain the efficiency of the employer’s operations.
104. Relieve contractors from duties because of lack of work
11or for other legitimate reasons.
125. Determine and implement methods, means, assignments,
13and personnel by which the employer’s operations are to be
14conducted.
156. Exercise all powers and duties granted to the employer
16by law.
17 Sec. 123. NEW SECTION. 20A.4 Contractor rights.
18Contractors shall have the right to:
191. Organize, or form, join, or assist any contractor
20organization.
212. Negotiate collectively through representatives of their
22own choosing.
233. Engage in other concerted activities for the purpose of
24collective bargaining or other mutual aid or protection insofar
25as any such activity is not prohibited by this chapter or any
26other state or federal law.
274. Refuse to join or participate in the activities of
28contractor organizations, including the payment of any dues,
29fees or assessments, or service fees of any type.
30 Sec. 124. NEW SECTION. 20A.5 Scope of negotiations.
311. The employer and the contractor organization shall
32meet at reasonable times to negotiate in good faith with
33respect to wages, hours, vacations, insurance, holidays,
34leaves of absence, shift differentials, overtime compensation,
35supplemental pay, seniority, transfer procedures, job
-70-1classifications, health and safety matters, evaluation
2procedures, procedures for staff reduction, in-service
3training, and other matters mutually agreed upon. Negotiations
4shall also include terms authorizing dues checkoff for members
5of the contractor organization and grievance procedures for
6resolving any questions arising under the agreement, which
7shall be embodied in a written agreement and signed by the
8parties. If an agreement provides for dues checkoff, a
9member’s dues may be checked off only upon the member’s written
10request and the member may terminate the dues checkoff at any
11time by giving thirty days’ written notice. Such obligation to
12negotiate in good faith does not compel either party to agree
13to a proposal or make a concession.
14 Sec. 125. NEW SECTION. 20A.6 Prohibited practices.
151. It shall be a prohibited practice for any employer,
16contractor, or contractor organization to refuse to negotiate
17in good faith with respect to the scope of negotiations as
18defined in section 20A.5.
192. It shall be a prohibited practice for an employer or the
20employer’s designated representative to:
21a. Interfere with, restrain, or coerce contractors in the
22exercise of rights granted by this chapter.
23b. Dominate or interfere in the administration of any
24contractor organization.
25c. Encourage or discourage membership in any contractor
26organization, committee, or association by discrimination in
27obtaining labor for compensation.
28d. Discharge or discriminate against a contractor because
29the contractor has filed an affidavit, petition, or complaint
30or given any information or testimony under this chapter, or
31because the contractor has formed, joined, or chosen to be
32represented by any contractor organization.
33e. Refuse to negotiate collectively with representatives of
34certified contractor organizations as required in this chapter.
35f. Deny the rights accompanying certification granted in
-71-1this chapter.
2g. Refuse to participate in good faith in any agreed-upon
3impasse procedures or those set forth in this chapter.
4h. Engage in a lockout.
53. It shall be a prohibited practice for contractors
6or a contractor organization or for any person, union, or
7organization or their agents to:
8a. Interfere with, restrain, coerce, or harass any
9contractor with respect to any of the contractor’s rights
10under this chapter or in order to prevent or discourage the
11contractor’s exercise of any such right, including without
12limitation all rights under section 20A.4.
13b. Interfere, restrain, or coerce an employer with respect
14to rights granted in this chapter or with respect to selecting
15a representative for the purposes of negotiating collectively
16or the adjustment of grievances.
17c. Refuse to bargain collectively with an employer as
18required in this chapter.
19d. Refuse to participate in good faith in any agreed-upon
20impasse procedures or those set forth in this chapter.
21e. Violate section 20A.8.
22f. Violate the provisions of sections 732.1 to 732.3, which
23are hereby made applicable to employers, contractors, and
24contractor organizations.
25g. Picket in a manner which interferes with ingress and
26egress to the facilities of the employer.
27h. Engage in, initiate, sponsor, or support any picketing
28that is performed in support of a strike, work stoppage,
29boycott, or slowdown against an employer.
30i. Picket for any unlawful purpose.
314. The expressing of any views, argument, or opinion, or the
32dissemination thereof, whether orally or in written, printed,
33graphic, or visual form, shall not constitute or be evidence
34of any prohibited practice under any of the provisions of this
35chapter, if such expression contains no threat of reprisal or
-72-1force or promise of benefit.
2 Sec. 126. NEW SECTION. 20A.7 Prohibited practice
3violations.
41. Proceedings against a party alleging a violation of
5section 20A.6 shall be commenced by filing a complaint with
6the board within ninety days of the alleged violation, causing
7a copy of the complaint to be served upon the accused party.
8The accused party shall have ten days within which to file
9a written answer to the complaint. However, the board may
10conduct a preliminary investigation of the alleged violation,
11and if the board determines that the complaint has no basis in
12fact, the board may dismiss the complaint. The board shall
13promptly thereafter set a time and place for hearing in the
14county where the alleged violation occurred, provided, however,
15that the presiding officer may conduct the hearing through the
16use of technology from a remote location. The parties shall
17be permitted to be represented by counsel, summon witnesses,
18and request the board to subpoena witnesses on the requester’s
19behalf. Compliance with the technical rules of pleading and
20evidence shall not be required.
212. The board may designate one of its members, an
22administrative law judge, or any other qualified person
23employed by the board to serve as the presiding officer at
24the hearing. The presiding officer has the powers as may be
25exercised by the board for conducting the hearing and shall
26follow the procedures adopted by the board for conducting the
27hearing. The proposed decision of the presiding officer may be
28appealed to the board, or reviewed on motion of the board, in
29accordance with the provisions of chapter 17A.
303. The board shall appoint a certified shorthand reporter to
31report the proceedings and the board shall fix the reasonable
32amount of compensation for such service, and for any transcript
33requested by the board, which amounts shall be taxed as other
34costs.
354. The board shall file its findings of fact and conclusions
-73-1of law within sixty days of the close of any hearing, receipt
2of the transcript, or submission of any briefs. If the
3board finds that the party accused has committed a prohibited
4practice, the board may, within thirty days of its decision,
5enter into a consent order with the party to discontinue the
6practice, or after the thirty days following the decision may
7petition the district court for injunctive relief pursuant to
8rules of civil procedure 1.1501 to 1.1511.
95. The board’s review of proposed decisions and the
10rehearing or judicial review of final decisions is governed by
11the provisions of chapter 17A.
12 Sec. 127. NEW SECTION. 20A.8 Strikes prohibited.
131. It shall be unlawful for any contractor or any contractor
14organization, directly or indirectly, to induce, instigate,
15encourage, authorize, ratify, or participate in a strike
16against any employer.
172. It shall be unlawful for any employer to authorize,
18consent to, or condone a strike; or to pay or agree to pay any
19contractor for any day in which the contractor participates
20in a strike; or to pay or agree to pay any increase in
21compensation or benefits to any contractor in response to or
22as a result of any strike or any act which violates subsection
231. It shall be unlawful for any official, director, or
24representative of any employer to authorize, ratify, or
25participate in any violation of this subsection. Nothing in
26this subsection shall prevent new or renewed bargaining and
27agreement within the scope of negotiations as defined by this
28chapter, at any time after such violation of subsection 1 has
29ceased; but it shall be unlawful for any employer or contractor
30organization to bargain at any time regarding suspension
31or modification of any penalty provided in this section or
32regarding any request by the employer to a court for such
33suspension or modification.
343. In the event of any violation or imminently threatened
35violation of subsection 1 or 2, any citizen domiciled within
-74-1the county in which the violation occurs may petition the
2district court for that county or the district court for
3Polk county for an injunction restraining such violation or
4imminently threatened violation. Rules of civil procedure
51.1501 to 1.1511 regarding injunctions shall apply. However,
6the court shall grant a temporary injunction if it appears
7to the court that a violation has occurred or is imminently
8threatened; the plaintiff need not show that the violation
9or threatened violation would greatly or irreparably injure
10the plaintiff; and no bond shall be required of the plaintiff
11unless the court determines that a bond is necessary in
12the public interest. Failure to comply with any temporary
13or permanent injunction granted pursuant to this section
14shall constitute a contempt punishable pursuant to chapter
15665. The punishment shall not exceed five hundred dollars
16for an individual, or ten thousand dollars for a contractor
17organization or employer, for each day during which the failure
18to comply continues, or imprisonment in a county jail not
19exceeding six months, or both such fine and imprisonment. An
20individual or a contractor organization which makes an active,
21good-faith effort to comply fully with the injunction shall not
22be deemed to be in contempt.
234. If a contractor is held to be in contempt of court for
24failure to comply with an injunction pursuant to this section,
25or is convicted of violating this section, the contractor
26shall be ineligible to perform work under contract for the
27same employer for a period of twelve months. The employer
28shall immediately cease utilizing the labor of the contractor,
29but upon the contractor’s request, the court shall stay the
30cessation to permit further judicial proceedings.
315. If a contractor organization or any of its officers is
32held to be in contempt of court for failure to comply with
33an injunction pursuant to this section, or is convicted of
34violating this section, the contractor organization shall
35be immediately decertified, shall cease to represent the
-75-1bargaining unit, shall cease to receive any dues by checkoff,
2and may again be certified only after twelve months have
3elapsed from the effective date of decertification and only
4after a new election pursuant to section 20A.11. The penalties
5provided in this section may be suspended or modified by the
6court, but only upon request of the employer and only if the
7court determines the suspension or modification is in the
8interest of the employer and the contractors.
96. Each of the remedies and penalties provided by this
10section is separate and several, and is in addition to any
11other legal or equitable remedy or penalty.
12 Sec. 128. NEW SECTION. 20A.9 Bargaining unit determination.
131. Board determination of an appropriate bargaining unit
14shall be upon petition filed by an employer, contractor, or
15contractor organization.
162. Within thirty days of receipt of a petition, the board
17shall conduct a public hearing, receive written or oral
18testimony, and promptly thereafter file an order defining
19the appropriate bargaining unit. In defining the unit, the
20board shall take into consideration, along with other relevant
21factors, the principles of efficient administration of the
22employer’s business, the existence of a community of interest
23among contractors, the history and extent of contractor
24organization, geographical location, and the recommendations
25of the parties involved.
263. Appeals from such order shall be governed by the
27provisions of chapter 17A.
28 Sec. 129. NEW SECTION. 20A.10 Bargaining representative
29determination.
301. Board certification of a contractor organization as
31the exclusive bargaining representative of a bargaining unit
32shall be upon a petition filed with the board by an employer,
33contractor, or a contractor organization and an election
34conducted pursuant to 20A.11.
352. The petition of a contractor organization shall allege
-76-1that:
2a. The contractor organization has submitted a request to
3an employer to bargain collectively on behalf of a designated
4group of contractors.
5b. The petition is accompanied by written evidence
6that thirty percent of such contractors are members of the
7contractor organization or have authorized the organization
8to represent the contractors for the purposes of collective
9bargaining.
103. The petition of a contractor shall allege that a
11contractor organization which has been certified as the
12bargaining representative does not represent a majority of
13such contractors and that the petitioners do not want to be
14represented by a contractor organization or seek certification
15of a contractor organization.
164. The petition of an employer shall allege that the
17employer has received a request to bargain from a contractor
18organization which has not been certified as the bargaining
19representative of the contractors in an appropriate bargaining
20unit.
215. The board shall investigate the allegations of any
22petition and shall give reasonable notice of the receipt of
23such a petition to all contractors, contractor organizations,
24and employers named or described in such petitions or
25interested in the representation questioned. The board shall
26thereafter call an election under section 20A.11, unless:
27a. It finds that less than thirty percent of the contractors
28in the unit appropriate for collective bargaining support the
29petition for decertification or for certification.
30b. The appropriate bargaining unit has not been determined
31pursuant to section 20A.9.
32 Sec. 130. NEW SECTION. 20A.11 Elections.
331. Upon the filing of a petition for certification of a
34contractor organization, the board shall submit a question to
35the contractors at an election in the bargaining unit found
-77-1appropriate by the board. The question on the ballot shall
2permit the contractors to vote for no bargaining representation
3or for any contractor organization which has petitioned for
4certification or which has presented proof satisfactory to the
5board of support of ten percent or more of the contractors in
6the appropriate unit.
72. If a majority of the votes cast on the question is for no
8bargaining representation, the contractors in the bargaining
9unit found appropriate by the board shall not be represented by
10a contractor organization. If a majority of the votes cast on
11the question is for a listed contractor organization, then that
12organization shall represent the contractors in the bargaining
13unit found appropriate by the board.
143. If none of the choices on the ballot receive the vote of
15a majority of the contractors voting, the board shall conduct a
16runoff election among the two choices receiving the greatest
17number of votes.
184. Upon written objections filed by any party to the
19election within ten days after notice of the results of
20the election, if the board finds that misconduct or other
21circumstances prevented the contractors eligible to vote from
22freely expressing their preferences, the board may invalidate
23the election and hold a second election for the contractors.
245. Upon completion of a valid election in which the majority
25choice of the contractors voting is determined, the board shall
26certify the results of the election and shall give reasonable
27notice of the order to all contractor organizations listed
28on the ballot, the employers, and the contractors in the
29appropriate bargaining unit.
306. a. A petition for certification as exclusive bargaining
31representative of a bargaining unit shall not be considered
32by the board for a period of one year from the date of the
33noncertification of a contractor organization as the exclusive
34bargaining representative of that bargaining unit following a
35certification election. A petition for certification as the
-78-1exclusive bargaining representative of a bargaining unit shall
2also not be considered by the board if the bargaining unit is
3at that time represented by a certified exclusive bargaining
4representative.
5b. A petition for the decertification of the exclusive
6bargaining representative of a bargaining unit shall not be
7considered by the board for a period of one year from the date
8of its certification, or within one year of its continued
9certification following a decertification election, or during
10the duration of a collective bargaining agreement which, for
11purposes of this section, shall be deemed not to exceed two
12years. However, if a petition for decertification is filed
13during the duration of a collective bargaining agreement, the
14board shall award an election under this section not more than
15one hundred eighty days and not less than one hundred fifty
16days prior to the expiration of the collective bargaining
17agreement. If an contractor organization is decertified, the
18board may receive petitions under section 20A.10, provided that
19no such petition and no election conducted pursuant to such
20petition within one year from decertification shall include as
21a party the decertified contractor organization.
22 Sec. 131. NEW SECTION. 20A.12 Duty to bargain.
23Upon the receipt by an employer of a request from a
24contractor organization to bargain on behalf of contractors,
25the duty to engage in collective bargaining shall arise if the
26contractor organization has been certified by the board as the
27exclusive bargaining representative for the contractors in that
28bargaining unit.
29 Sec. 132. NEW SECTION. 20A.13 Procedures.
301. The contractor organization certified as the bargaining
31representative shall be the exclusive representative of
32all contractors in the bargaining unit and shall represent
33all contractors fairly. However, any contractor may meet
34and adjust individual complaints with an employer. To
35sustain a claim that a certified contractor organization has
-79-1committed a prohibited practice by breaching its duty of fair
2representation, a contractor must establish by a preponderance
3of the evidence action or inaction by the organization which
4was arbitrary, discriminatory, or in bad faith.
52. The contractor organization and the employer may
6designate any individual as its representative to engage in
7collective bargaining negotiations.
83. The contractor organization shall present its initial
9bargaining position to the employer at the first bargaining
10session. The employer shall present its initial bargaining
11position to the contractor organization at the second
12bargaining session, which shall be held no later than two
13weeks following the first bargaining session. Parties who by
14agreement are utilizing a cooperative alternative bargaining
15process may exchange their respective initial interest
16statements in lieu of initial bargaining positions.
174. The terms of a proposed collective bargaining agreement
18shall be made available to the contractors by the employer and
19reasonable notice shall be given to the contractors by the
20contractor organization prior to a ratification election. The
21collective bargaining agreement shall become effective only if
22ratified by a majority of those voting by secret ballot.
235. Terms of any collective bargaining agreement may be
24enforced by a civil action in the district court of the county
25in which the agreement was made upon the initiative of either
26party.
276. A collective bargaining agreement or arbitrator’s award
28shall not be valid or enforceable if its implementation would
29be inconsistent with any statutory requirement of employer.
30A collective bargaining agreement or arbitrator’s award may
31provide for benefits conditional upon specified condition, but
32the agreement shall provide either for automatic reduction of
33such conditional benefits or for additional bargaining if the
34conditions are not met.
357. If agreed to by the parties, nothing in this chapter
-80-1shall be construed to prohibit supplementary bargaining
2on behalf of contractors in a part of the bargaining unit
3concerning matters uniquely affecting those contractors or
4cooperation and coordination of bargaining between two or more
5bargaining units.
68. A contractor or any contractor organization shall not
7negotiate or attempt to negotiate directly with an employer
8or agent of an employer if the employer has appointed or
9authorized a bargaining representative for the purpose of
10bargaining with the contractors or their representative,
11unless the employer or agent is the designated bargaining
12representative.
139. The board shall provide, by rule, a date on which any
14impasse item must be submitted to binding arbitration and for
15such other procedures as deemed necessary to provide for the
16completion of negotiations of proposed collective bargaining
17agreements within reasonable time periods, which procedures may
18be waived by mutual agreement of the parties.
19 Sec. 133. NEW SECTION. 20A.14 Grievance procedures.
20An agreement with a contractor organization which is the
21exclusive representative of contractors in an appropriate unit
22may provide procedures for the consideration of contractor and
23contractor organization grievances over the interpretation and
24application of collective bargaining agreements. Negotiated
25procedures may provide for binding arbitration of contractor
26and contractor organization grievances over the interpretation
27and application of existing collective bargaining agreements.
28An arbitrator’s decision on a grievance may not change or
29amend the terms, conditions, or applications of the collective
30bargaining agreement. Such procedures shall provide for
31the invoking of arbitration only with the approval of the
32contractor organization in all instances, and in the case of a
33contractor grievance, only with the additional approval of the
34contractor. The costs of arbitration shall be shared equally
35by the parties.
-81-1 Sec. 134. NEW SECTION. 20A.15 Impasse procedures —
2agreement of parties.
31. As the first step in the performance of their duty to
4bargain, the employer and the contractor organization shall
5endeavor to agree upon impasse procedures, including a timeline
6for implementation of such procedures. If the parties fail
7to agree upon impasse procedures under the provisions of this
8section, the impasse procedures provided in sections 20A.16 and
920A.17 shall apply.
102. Parties who by agreement are utilizing a cooperative
11alternative bargaining process shall, at the outset of such
12process, agree upon a method and schedule for the completion
13of impasse procedures should they fail to reach a collective
14bargaining agreement through the use of such alternative
15bargaining process.
16 Sec. 135. NEW SECTION. 20A.16 Mediation.
17In the absence of an impasse agreement negotiated pursuant
18to section 20A.15 or the failure of either party to utilize
19its procedures, when the time period established pursuant to
20section 20A.13, subsection 9, has elapsed, the board shall,
21upon the request of either party, appoint an impartial and
22disinterested person to act as mediator. It shall be the
23function of the mediator to bring the parties together to
24effectuate a settlement of the dispute, but the mediator may
25not compel the parties to agree.
26 Sec. 136. NEW SECTION. 20A.17 Binding arbitration.
271. If an impasse persists ten days after the mediator has
28been appointed, the board shall have the power, upon request
29of either party, to arrange for arbitration, which shall be
30binding. The request for arbitration shall be in writing and a
31copy of the request shall be served upon the other party.
322. Each party shall serve its final offer on each of the
33impasse items upon the other party within four days of the
34board’s receipt of the request for arbitration. The parties
35may continue to negotiate all offers until an agreement is
-82-1reached or an award is rendered by the arbitrator. The full
2costs of arbitration under this section shall be shared equally
3by the parties to the dispute.
43. The submission of the impasse items to the arbitrator
5shall be limited to those items upon which the parties have
6not reached agreement. With respect to each such item, the
7arbitrator’s award shall be restricted to the final offers on
8each impasse item submitted by the parties to the arbitrator.
94. Upon the filing of the request for arbitration, a list
10of five arbitrators shall be served upon the parties by the
11board. Within five days of service of the list, the parties
12shall determine by lot which party shall remove the first name
13from the list and the parties shall then alternately remove
14names from the list until the name of one person remains, who
15shall become the arbitrator. The parties shall immediately
16notify the board of their selection and the board shall
17notify the arbitrator. After consultation with the parties,
18the arbitrator shall set a time and place for an arbitration
19hearing.
205. The arbitrator shall at no time engage in an effort to
21mediate or otherwise settle the dispute in any manner other
22than that prescribed in this section.
236. From the time the board notifies the arbitrator of the
24selection of the arbitrator until such time as the arbitrator’s
25selection on each impasse item is made, there shall be no
26discussion concerning recommendations for settlement of the
27dispute by the arbitrator with parties other than those who are
28direct parties to the dispute.
297. The arbitrator shall consider, in addition to any other
30relevant factors, the following factors:
31a. Past collective bargaining contracts between the parties
32including the bargaining that led up to such contracts.
33b. Comparison of wages, hours, and conditions of labor of
34the involved contractors with those of other contractors doing
35comparable work, giving consideration to factors peculiar to
-83-1the area and the classifications involved.
2c. The interests and welfare of the contractors, the ability
3of the employer to finance economic adjustments, and the effect
4of such adjustments on the normal business standards of the
5employer.
68. The arbitrator may administer oaths, examine witnesses
7and documents, take testimony and receive evidence, and
8issue subpoenas to compel the attendance of witnesses and
9the production of records. The arbitrator may petition the
10district court at the seat of government or of the county
11in which the hearing is held to enforce the order of the
12arbitrator compelling the attendance of witnesses and the
13production of records.
149. The arbitrator shall select within fifteen days after
15the hearing the most reasonable offer, in the arbitrator’s
16judgment, of the final offers on each impasse item submitted
17by the parties.
1810. The selections by the arbitrator and items agreed upon
19by the employer and the contractor organization shall be deemed
20to be the collective bargaining agreement between the parties.
2111. The determination of the arbitrator shall be final and
22binding subject to the provisions of section 20A.13, subsection
236. The arbitrator shall give written explanation for the
24arbitrator’s selections and inform the parties of the decision.
25 Sec. 137. NEW SECTION. 20A.18 Legal actions.
26Any contractor organization and employer may sue or be sued
27as an entity under the provisions of this chapter. Service
28upon the employer shall be in accordance with law or the rules
29of civil procedure. Nothing in this chapter shall be construed
30to make any individual or the individual’s assets liable for
31any judgment against an employer or a contractor organization.
32 Sec. 138. NEW SECTION. 20A.19 Internal conduct of
33contractor organizations.
341. Every contractor organization which is certified as
35a representative of contractors under the provisions of this
-84-1chapter shall file with the board a registration report,
2signed by its president or other appropriate officer. The
3report shall be in a form prescribed by the board and shall
4be accompanied by two copies of the contractor organization’s
5constitution and bylaws. A filing by a national or
6international contractor organization of its constitution and
7bylaws shall be accepted in lieu of a filing of such documents
8by each subordinate organization. All changes or amendments
9to such constitutions and bylaws shall be promptly reported to
10the board.
112. Every contractor organization shall file with the board
12an annual report and an amended report whenever changes are
13made. The reports shall be in a form prescribed by the board,
14and shall provide the following information:
15a. The names and addresses of the organization, any parent
16organization or organizations with which it is affiliated, the
17principal officers, and all representatives.
18b. The name and address of its local agent for service of
19process.
20c. A general description of the contractors the organization
21represents or seeks to represent.
22d. The amounts of the initiation fee and monthly dues
23members must pay.
24e. A pledge, in a form prescribed by the board, that the
25organization will comply with the laws of the state and that it
26will accept members without regard to age, race, sex, religion,
27national origin, or physical disability as provided by law.
28f. A financial report and audit.
293. The constitution or bylaws of every contractor
30organization shall provide that:
31a. Accurate accounts of all income and expenses shall
32be kept, and annual financial reports and audits shall be
33prepared, such accounts shall be open for inspection by any
34member of the organization, and loans to officers and agents
35shall be made only on terms and conditions available to all
-85-1members.
2b. Business or financial interests of its officers and
3agents, their spouses, minor children, parents, or otherwise,
4that conflict with the fiduciary obligation of such persons to
5the organization shall be prohibited.
6c. Every official or employee of a contractor organization
7who handles funds or other property of the organization, or
8trust in which an organization is interested, or a subsidiary
9organization, shall be bonded. The amount, scope, and form of
10the bond shall be determined by the board.
114. The governing rules of every contractor organization
12shall provide for periodic elections by secret ballot subject
13to recognized safeguards concerning the equal right of all
14members to nominate, seek office, and vote in such elections,
15the right of individual members to participate in the affairs
16of the organization, and fair and equitable procedures in
17disciplinary actions.
185. The board shall prescribe rules necessary to govern the
19establishment and reporting of trusteeships over contractor
20organizations. Establishment of such trusteeships shall
21be permitted only if the constitution or bylaws of the
22organization set forth reasonable procedures.
236. A contractor organization that has not registered or
24filed an annual report, or that has failed to comply with other
25provisions of this chapter, shall not be certified. Certified
26contractor organizations failing to comply with this chapter
27may have such certification revoked by the board. Prohibitions
28may be enforced by injunction upon the petition of the board to
29the district court of the county in which the violation occurs.
30Complaints of violation of this section shall be filed with the
31board.
327. Upon the written request of any member of a certified
33contractor organization, the auditor of state may audit the
34financial records of the certified contractor organization.
35 Sec. 139. NEW SECTION. 20A.20 Contractor organizations —
-86-1political contributions.
21. A contractor organization shall not make any direct
3or indirect contribution out of the funds of the contractor
4organization to any political party or organization or in
5support of any candidate for elective public office.
62. Any contractor organization which violates the
7provisions of this section or fails to file any required report
8or affidavit or files a false report or affidavit shall, upon
9conviction, be subject to a fine of not more than two thousand
10dollars.
113. Any person who willfully violates this section, or
12who makes a false statement knowing it to be false, or who
13knowingly fails to disclose a material fact shall, upon
14conviction, be subject to a fine of not more than one thousand
15dollars or imprisoned for not more than thirty days or shall be
16subject to both such fine and imprisonment. Each individual
17required to sign affidavits or reports under this section shall
18be personally responsible for filing such report or affidavit
19and for any statement contained therein the individual knows
20to be false.
214. Nothing in this section shall be construed to prohibit
22voluntary contributions by individuals to political parties or
23candidates.
245. Nothing in this section shall be construed to limit or
25deny any civil remedy which may exist as a result of action
26which may violate this section.
27 Sec. 140. NEW SECTION. 20A.21 Conflict with federal aid.
28If any provision of this chapter jeopardizes the receipt by
29the state or any of its political subdivisions of any federal
30grant-in-aid funds or other federal allotment of moneys, the
31provisions of this chapter shall, insofar as the fund is
32jeopardized, be deemed to be inoperative.
33 Sec. 141. NEW SECTION. 20A.22 Inconsistent statutes —
34effect.
35A provision of the Code which is inconsistent with any
-87-1term or condition of a collective bargaining agreement which
2is made final under this chapter shall supersede the term
3or condition of the collective bargaining agreement unless
4otherwise provided by the general assembly. A provision of a
5proposed collective bargaining agreement negotiated according
6to this chapter which conflicts with the Code shall not become
7a provision of the final collective bargaining agreement
8until the general assembly has amended the Code to remove the
9conflict.
10 Sec. 142. NEW SECTION. 20A.23 Mediator privilege.
111. As used in this section, unless the context otherwise
12requires:
13a. “Mediation” means a process in which an impartial person
14attempts to facilitate the resolution of a dispute by promoting
15voluntary agreement of the parties to the dispute. Mediation
16shall be deemed to commence upon the mediator’s receipt of
17notice of assignment and shall be deemed to conclude when the
18dispute is resolved.
19b. “Mediator” means a member or employee of the board or
20any other person appointed or requested by the board to assist
21parties in resolving disputes involving collective bargaining
22impasses, contested cases, other agency cases, or contract
23grievances.
242. A mediator shall not be required to testify in any
25judicial, administrative, or grievance proceeding regarding
26any matters occurring in the course of a mediation, including
27any verbal or written communication or behavior, other than
28facts relating exclusively to the timing or scheduling of
29mediation. A mediator shall not be required to produce or
30disclose any documents, including notes, memoranda, or other
31work product relating to mediation, other than documents
32relating exclusively to the timing or scheduling of mediation.
33This subsection shall not apply in any of the following
34circumstances:
35a. The testimony, production, or disclosure is required by
-88-1statute.
2b. The testimony, production, or disclosure provides
3evidence of an ongoing or future criminal activity.
4c. The testimony, production, or disclosure provides
5evidence of child abuse as defined in section 232.68,
6subsection 2.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to various matters concerning employment.
11DIVISION I — ESSENTIAL EMPLOYEES — PREMIUM PAY. During
12a period of infectious disease emergency, as defined in the
13division, an employer shall pay an essential employee, as
14defined in this division, premium pay, in addition to any other
15wages or benefits to which the employee is entitled. Premium
16pay shall be paid at the same time and in the same manner as an
17essential employee’s regular wages.
18The division requires the labor commissioner to establish
19the rate or amount of premium pay to which an essential worker
20is entitled by rule. The division provides procedures for the
21commissioner to carry out the requirements of the division.
22The division authorizes the commissioner to establish
23different rates or amounts of premium pay by rule for different
24occupations held by essential employees.
25The division applies to pay periods beginning on or after the
26effective date of rules adopted by the labor commissioner to
27implement the division and takes effect upon enactment.
28DIVISION II — MINIMUM WAGE. This division increases the
29state minimum hourly wage to $8.20 as of July 1, 2021, $9.15
30as of July 1, 2022, $10.10 as of January 1, 2023, $11.05 as of
31July 1, 2023, $12.00 as of January 1, 2024, $12.95 as of July
321, 2024, $13.90 as of January 1, 2025, and $15.00 as of July 1,
332025. The division increases the state minimum hourly wage for
34employees employed for less than 90 days to $7.20 as of July 1,
352021, $8.05 as of July 1, 2022, $8.85 as of January 1, 2023,
-89-1$9.70 as of July 1, 2023, $10.55 as of January 1, 2024, $11.40
2as of July 1, 2024, $12.25 as of January 1, 2025, and $13.20 as
3of July 1, 2025.
4The division increases the state minimum hourly wage,
5including the minimum hourly wage established for employees
6employed for less than 90 days, annually on July 1, beginning
7July 1, 2026, by the same percentage as the cost-of-living
8increase in social security benefits effective as of the
9previous December, as authorized by the federal social security
10administration.
11The division increases the dollar amount of monthly tips an
12employee must receive in order to be subject to an alternative
13minimum wage calculation for employees who receive tips from
14$30 to $100.
15The division authorizes a county or city to establish a
16minimum wage that exceeds the state hourly wage and the federal
17minimum wage.
18PUBLIC EMPLOYMENT MATTERS — BACKGROUND. Divisions
19III through VII of the bill relate to employment matters
20involving public employees including collective bargaining,
21educator employment matters, personnel records and settlement
22agreements, city civil service requirements, and health
23insurance matters. The divisions generally strike statutory
24changes made by 2017 Iowa Acts, House File 291, and restore
25statutory language in effect prior to the enactment of 2017
26Iowa Acts, House File 291.
27DIVISION III — PUBLIC EMPLOYEE COLLECTIVE BARGAINING.
28 This division makes a variety of changes to Code chapter
2920, the public employment relations Act, as well as other
30Code provisions relating to collective bargaining by public
31employees.
32ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE
33CATEGORIES. The division eliminates public safety employees
34and transit employees as separate categories of employees for
35the purposes of public employee collective bargaining, making
-90-1affected provisions of Code chapter 20 applicable to all public
2employees governed by Code chapter 20.
3SCOPE OF NEGOTIATIONS. The division makes changes to
4subjects which are negotiated through collective bargaining
5between public employers and public employees under Code
6section 20.9.
7The division provides that the scope of negotiations for
8all public employees shall consist of wages, hours, vacations,
9insurance, holidays, leaves of absence, shift differentials,
10overtime compensation, supplemental pay, seniority, transfer
11procedures, job classifications, health and safety matters,
12evaluation procedures, procedures for staff reduction,
13in-service training, dues checkoff, grievance procedures for
14resolving any questions arising under the agreement, and
15other matters mutually agreed upon. The division provides
16that retirement systems shall be excluded from the scope of
17negotiations.
18The division strikes language providing that mandatory
19subjects of negotiation under Code section 20.9 shall be
20interpreted narrowly and restrictively. The division strikes
21language limiting the term of a collective bargaining agreement
22entered into pursuant to Code chapter 20 to a maximum of five
23years.
24ARBITRATION PROCEDURES. The division makes changes to the
25procedures for arbitration of impasses in collective bargaining
26between public employers and public employees under Code
27section 20.22.
28The division modifies the factors that an arbitrator is
29required to consider in addition to any other relevant factors
30in making a final determination on an impasse item. The
31division requires an arbitrator to consider past collective
32bargaining contracts between the parties including the
33bargaining that led up to such contracts; comparison of wages,
34hours, and conditions of employment of the involved public
35employees with those of other public employees doing comparable
-91-1work, giving consideration to factors peculiar to the area and
2the classifications involved; the interests and welfare of the
3public, the ability of the public employer to finance economic
4adjustments, and the effect of such adjustments on the normal
5standard of services; and the power of the public employer
6to levy taxes and appropriate funds for the conduct of its
7operations.
8The division strikes language permitting the parties to
9agree to change the four-day deadline to serve final offers on
10impasse items after a request for arbitration is received.
11The division strikes language prohibiting the parties to an
12arbitration from introducing, and the arbitrator from accepting
13or considering, any direct or indirect evidence regarding any
14subject excluded from negotiations pursuant to Code section
1520.9.
16The division strikes language providing for a maximum
17increase in base wages in an arbitrator’s award.
18PUBLIC EMPLOYEE ELECTIONS. The division makes changes to
19public employee elections conducted pursuant to Code section
2020.15.
21The division strikes language providing for retention and
22recertification elections and requires the public employment
23relations board (PERB) to cancel any such elections scheduled
24or in process. The division requires the PERB to consider a
25petition for certification of an employee organization as the
26exclusive representative of a bargaining unit for which an
27employee organization was not retained and recertified as the
28exclusive representative of that bargaining unit regardless of
29the amount of time that has elapsed since the retention and
30recertification election, notwithstanding prior requirements
31prohibiting such consideration for two years.
32The division provides that the outcome of a certification
33or decertification election is determined by a majority vote
34of the members of the bargaining unit voting, rather than the
35total membership of the bargaining unit. The division provides
-92-1for a runoff election if none of the choices on the ballot in a
2certification election receives a majority vote of the members
3of the bargaining unit voting.
4The division lowers the required percentage of support
5from employees in a bargaining unit required for an employee
6organization that did not submit a petition for certification
7as the exclusive bargaining representative of a bargaining unit
8to be listed on the ballot for a certification election from 30
9percent to 10 percent.
10The division strikes language prohibiting the PERB from
11considering a petition for certification as the exclusive
12bargaining representative of a bargaining unit unless a
13period of two years has elapsed from the date of the last
14certification election in which an employee organization
15was not certified as the exclusive representative of that
16bargaining unit or of the last decertification election in
17which an employee organization was decertified as the exclusive
18representative of that bargaining unit. The division prohibits
19the PERB from considering a petition for certification as the
20exclusive bargaining representative of a bargaining unit for
21one year after the employee organization is not certified in a
22certification election. The division makes additional changes
23relating to the scheduling of decertification elections.
24EMPLOYEE ORGANIZATION DUES. The division strikes a
25prohibition on public entities authorizing or administering
26a deduction from the salaries or wages of its employees for
27membership dues to an employee organization. The division
28provides procedures for administering such dues deductions.
29PERB DUTIES. The division provides that the PERB may
30interpret and apply, as well as administer, Code chapter 20.
31The division strikes language permitting the PERB to
32appoint a certified shorthand reporter to report state employee
33grievance and discipline resolution proceedings, to contract
34with a vendor to conduct elections, to establish fees to cover
35the cost of elections, and to retain certain funds collected by
-93-1the PERB as repayment receipts.
2STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A
3GUBERNATORIAL ELECTION YEAR. The division strikes language
4providing for modified collective bargaining procedures for a
5proposed, statewide collective bargaining agreement to become
6effective in the year following a general election in which the
7governor and certain other elected officials are elected.
8CONFIDENTIAL RECORDS. The division strikes language
9providing that certain information relating to elections
10conducted by the PERB is a confidential record under Code
11chapter 22, the state open records law.
12MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE
13COLLECTIVE BARGAINING. The division strikes a definition of
14“supplemental pay”.
15The division strikes language providing that a public
16employer has the right to evaluate public employees in
17positions within the public agency. The division strikes
18language providing that a public employee has the right under
19Code section 20.8 to exercise any right or seek any remedy
20provided by law, including but not limited to Code sections
2170A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code
22chapters 216 and 400.
23The division transfers language in Code section 20.10
24prohibiting a public employee or any employee organization
25from negotiating or attempting to negotiate directly with a
26member of the governing board of a public employer if the
27public employer has appointed or authorized a bargaining
28representative for the purpose of bargaining with the public
29employees or their representative to Code section 20.17.
30The division decreases the amount of time before an employee
31organization decertified as the exclusive representative of a
32bargaining unit for violating an injunction against an unlawful
33strike can be certified again from 24 months to 12 months.
34The division strikes language prohibiting voluntary
35contributions by individuals to political parties or candidates
-94-1through payroll deductions.
2The division strikes a requirement that a copy of a final
3collective bargaining agreement be filed with the PERB by
4the public employer within 10 days of the agreement being
5entered into. The division strikes a requirement that the
6PERB maintain an internet site that allows searchable access
7to a database of collective bargaining agreements and other
8collective bargaining information.
9The division changes the period before retirement for a
10prohibited voluntary reduction to a nonsupervisory rank or
11grade by a supervisor and related ineligibility for benefits
12from 36 months to six months.
13The division strikes language providing that a mediator
14shall not be required to testify in any arbitration proceeding
15regarding any matters occurring in the course of a mediation.
16The division requires a council, board of waterworks, or
17other board or commission which establishes a pension and
18annuity retirement system pursuant to Code chapter 412 to
19negotiate in good faith with a certified employee organization
20which is the collective bargaining representative of the
21employees, with respect to the amount or rate of the assessment
22on the wages and salaries of employees and the method or
23methods for payment of the assessment by the employees.
24The division makes additional conforming changes.
25TRANSITION PROVISIONS — DEADLINE. The division requires
26parties, mediators, and arbitrators engaging in any collective
27bargaining procedures provided for in Code chapter 20, Code
282021, who have not, before the effective date of the division,
29completed such procedures, to immediately terminate any such
30procedures in process as of the effective date of the division.
31The division provides that a collective bargaining agreement
32negotiated pursuant to such procedures in process shall not
33become effective. The division prohibits parties, mediators,
34and arbitrators from engaging in further collective bargaining
35procedures except as provided in the division. The division
-95-1requires such parties to commence collective bargaining in
2accordance with Code section 20.17, as amended by the division.
3The division requires such parties to complete such bargaining
4not later than June 30, 2021, unless the parties mutually agree
5to a different deadline.
6The division requires the PERB to adopt emergency rules to
7implement these requirements. The division also requires the
8department of administrative services to adopt emergency rules
9to implement the provisions of the division relating to dues
10deductions.
11EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
12takes effect upon enactment.
13With the exception of the section of the division amending
14Code section 20.6, subsection 1, the division does not apply
15to collective bargaining agreements which have been ratified
16in a ratification election, for which an arbitrator has made
17a final determination, or which have become effective, where
18such events occurred before the effective date of the division.
19The division applies to all collective bargaining procedures
20provided for in Code chapter 20 occurring on and after the
21effective date of the division and collective bargaining
22agreements for which a ratification election is held, for which
23an arbitrator makes a final determination, or which become
24effective on or after the effective date of the division.
25DIVISION IV — EDUCATOR EMPLOYMENT MATTERS. This division
26makes a variety of changes relating to educator employment
27matters.
28TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division
29makes various changes relating to the termination of teacher
30employment contracts.
31The division shortens various procedural deadlines
32regarding private hearings held after a superintendent
33recommends termination of a teacher’s employment contract.
34The division makes participation in such a private hearing
35by the superintendent, the superintendent’s designated
-96-1representatives, the teacher’s immediate supervisor, the
2teacher, and the teacher’s representatives mandatory on the
3part of those individuals instead of discretionary. The
4division requires that the school board employ a certified
5shorthand reporter to keep a record of a private hearing.
6The division requires the school board to issue subpoenas
7for witnesses and evidence on behalf of the board and the
8teacher. The division provides for a judicial remedy if a
9witness appears and refuses to testify or to produce required
10books or papers at a private hearing. The division authorizes
11the superintendent and the teacher to file written briefs and
12arguments with the board at the conclusion of the private
13hearing. The division provides deadlines for determining
14the status of the teacher’s contract if the teacher does not
15request a private hearing. The division requires that the
16decision of the board include findings of fact and conclusions
17of law. The division strikes language authorizing a school
18board which votes to continue a teacher’s contract to issue
19the teacher a one-year, nonrenewable contract. The division
20permits a teacher to appeal the board’s determination to an
21adjudicator and provides procedures for such appeals.
22TEACHER PROBATIONARY PERIODS. The division makes various
23changes relating to probationary employment of teachers.
24The division decreases from two years to one year the
25length of a teacher’s probationary employment period in a
26school district if the teacher has successfully completed a
27probationary period of employment for another school district
28located in Iowa.
29The division provides that requirements for notices of
30termination, private hearings, and appeals applicable to
31nonprobationary teachers whose employment contracts are
32terminated are applicable to probationary teachers whose
33employment contracts are terminated. The division strikes
34alternative procedures for the termination of employment
35contracts of such probationary teachers, including notification
-97-1procedures and the opportunity to request a private conference
2with the school board.
3EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS.
4 The division makes various changes relating to extracurricular
5interscholastic athletic coach employment contracts.
6The division provides that wages for such coaches shall be
7paid pursuant to established or negotiated supplemental pay
8schedules. The division provides that employment contracts
9of such coaches shall be continued automatically in force and
10effect for equivalent periods and that the termination of such
11contracts follows procedures similar to those used for teacher
12contracts. The division strikes language providing that
13employment contracts of such coaches may be terminated prior to
14their expiration for any lawful reason following an informal,
15private hearing before the school board. The division strikes
16language providing that the decision of the school board to
17terminate such a contract is final.
18SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes
19various changes relating to school administrator employment
20matters.
21The division provides that the rate of compensation in an
22administrator’s employment contract must be on a weekly or
23monthly basis.
24The division strikes language authorizing a school board to
25issue a temporary employment contract to an administrator for
26a period of up to nine months.
27The division strikes language authorizing a school board to
28issue a one-year, nonrenewable employment contract and instead
29authorizes a school board considering the termination of an
30administrator’s contract and the administrator to mutually
31agree to enter into such a contract.
32The division decreases the probationary employment period
33for administrators from three years to two years and authorizes
34a school board to waive the probationary period for an
35administrator who previously served a probationary period in
-98-1another school district.
2The division strikes language providing that a hearing
3before an administrative law judge requested by an
4administrator whose employment contract a school board is
5considering terminating shall be a private hearing. The
6division reduces certain procedural deadlines relating to such
7hearings. The division strikes language providing that any
8witnesses for the parties at the hearing shall be sequestered.
9The division requires that the decision of the board include
10findings of fact and conclusions of law. The division strikes
11language authorizing a school board which votes to continue an
12administrator’s contract to issue the administrator a one-year,
13nonrenewable contract.
14INTENSIVE ASSISTANCE PROGRAMS. The division makes various
15changes relating to intensive assistance programs.
16The division strikes language providing that a teacher who
17has previously participated in an intensive assistance program
18relating to particular Iowa teaching standards or criteria
19shall not be entitled to participate in another intensive
20assistance program relating to the same standards or criteria.
21The division strikes language providing that following a
22teacher’s participation in an intensive assistance program, the
23teacher shall be reevaluated to determine whether the teacher
24successfully completed the intensive assistance program and
25is meeting district expectations under the applicable Iowa
26teaching standards or criteria. The division strikes language
27providing that if the teacher did not successfully complete
28the intensive assistance program or continues not to meet the
29applicable Iowa teaching standards or criteria, the board may
30initiate procedures to terminate the teacher’s employment
31contract immediately or at the end of the school year or may
32continue the teacher’s contract for a period not to exceed one
33year on a nonrenewable basis and without the right to a private
34hearing.
35MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT
-99-1MATTERS. The division strikes language authorizing a school
2board to issue a temporary employment contract to a teacher for
3a period of up to six months.
4The division strikes language providing that just cause
5for which a teacher may be discharged at any time during the
6contract year under Code section 279.27 includes but is not
7limited to a violation of the code of professional conduct
8and ethics of the board of educational examiners if the board
9has taken disciplinary action against a teacher during the
10six months following issuance by the board of a final written
11decision and finding of fact after a disciplinary proceeding.
12The division either authorizes or requires a school board
13and its certified bargaining representative to negotiate
14various matters pursuant to Code chapter 20.
15The division makes additional conforming changes.
16EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
17takes effect upon enactment.
18The division applies to employment contracts of school
19employees entered into pursuant to Code chapter 279 on and
20after the effective date of the division. The division does
21not apply to collective bargaining agreements pursuant to Code
22chapter 20 which have been ratified in a ratification election,
23for which an arbitrator has made a final determination, or
24which have become effective, where such events occurred before
25the effective date of the division. The division applies to
26all collective bargaining procedures provided for in Code
27chapter 20 occurring on and after the effective date of the
28division and collective bargaining agreements pursuant to Code
29chapter 20 for which a ratification election is held, for which
30an arbitrator makes a final determination, or which become
31effective on or after the effective date of the division.
32DIVISION V — PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS.
33 This division makes changes relating to public employee
34personnel records and settlement agreements.
35PERSONNEL RECORDS. The division strikes language providing
-100-1that certain information relating to the discipline,
2resignation, discharge, or demotion of a public employee is a
3public record and requiring notice to affected employees.
4PERSONNEL SETTLEMENT AGREEMENTS. The division also strikes
5language prohibiting a personnel settlement agreement between
6the state and a state executive branch employee that contains
7confidentiality or nondisclosure provisions that attempt to
8prevent the disclosure of the agreement.
9EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
10takes effect upon enactment.
11The division applies to requests for records submitted on or
12after the effective date of the division.
13DIVISION VI — CITY CIVIL SERVICE REQUIREMENTS. This
14division makes a variety of changes relating to city civil
15service requirements under Code chapter 400.
16SENIORITY RIGHTS. The division strikes language permitting
17a city council to extinguish statutory seniority rights of
18all city civil service employees who are not employed or
19appointed as a fire fighter or police officer, fire chief or
20police chief, or assistant fire chief or assistant police
21chief, unless otherwise provided in a collective bargaining
22agreement. The division reestablishes any such rights so
23extinguished, including accrual of seniority during the period
24of extinguishment.
25ADVERSE EMPLOYMENT ACTIONS — GROUNDS AND PROCEDURES.The
26division provides that adverse employment action may be taken
27against a city civil service employee for neglect of duty,
28disobedience, misconduct, or failure to properly perform the
29person’s duties. The division strikes language permitting
30such action to be taken due to any act or failure to act by
31the employee that is in contravention of law, city policies,
32or standard operating procedures, or that in the judgment
33of the person having the appointing power as provided in
34this Code chapter, or the chief of police or chief of the
35fire department, is sufficient to show that the employee is
-101-1unsuitable or unfit for employment.
2The division strikes language providing that the scope of
3review for an appeal to district court from a civil service
4commission shall be limited to de novo appellate review without
5a trial or additional evidence, instead providing that the
6appeal shall be a trial de novo as an equitable action.
7DIMINUTION OF EMPLOYEES. The division provides that a
8diminution of city employees by a city council can only be
9implemented when the public interest requires. The division
10permits a diminution to be carried out either by abolishing
11an office and removing the employee from the employee’s
12classification or grade thereunder, or reducing the number of
13employees in any classification or grade by suspending the
14necessary number. The division provides for such removal to be
15carried out based on seniority and requires that employees so
16removed be placed on a preferred list for at least three years
17for purposes of appointments or promotions made during that
18period to the person’s former duties.
19MISCELLANEOUS PROVISIONS. The division makes changes in
20terminology relating to adverse employment actions for city
21civil service employees.
22The division makes additional conforming changes.
23EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
24takes effect upon enactment.
25The division applies to employment actions taken on or after
26the effective date of the division.
27DIVISION VII — HEALTH INSURANCE MATTERS. This division
28strikes a requirement that a public employer offer health
29insurance to all permanent, full-time public employees employed
30by the public employer.
31EFFECTIVE DATE. The division takes effect upon enactment.
32DIVISION VIII — FAMILY AND MEDICAL LEAVE INSURANCE. This
33division relates to a family leave and medical leave insurance
34program (program), administered by the director of the
35department of workforce development, that provides for paid,
-102-1job-protected leave for certain family leave and medical leave
2reasons for eligible employees of specified employers.
3An employee is eligible for family leave and medical
4leave after working for a covered employer, as defined in
5the division, for a minimum of 12 consecutive months and a
6minimum of 1,250 hours during the 12 consecutive-month period
7immediately preceding the employee’s request for leave.
8“Family leave” and “medical leave” are defined in the division.
9Family leave includes leave to care for an immediate family
10member with a serious health condition, to bond with a newborn
11child or adopted or foster child, or for a qualifying exigency
12for a family member as permitted under the federal Family
13and Medical Leave Act of 1993, as amended (FMLA). Medical
14leave includes leave due to the employee’s own serious health
15condition. “Serious health condition” is defined in the
16division.
17The division provides that an eligible employee may not
18receive more than 12 weeks of family leave, 12 weeks of medical
19leave, or 16 weeks of combined family and medical leave in a
20defined consecutive 12-month period. The defined consecutive
2112-month period begins on the date of the birth of a child
22or placement of a child for adoption or foster care with an
23eligible employee, or on the first date that an eligible
24employee takes either family leave or medical leave. The
25minimum duration of leave an eligible employee may take is
26eight consecutive hours.
27The division disqualifies an employee from family leave and
28medical leave benefits under circumstances detailed in the
29division.
30An employee must provide a minimum of 30 days’ notice
31to an employer of the employee’s intent to take leave. If
32circumstances require an employee’s leave to begin in less
33than 30 days, the employee must give as much notice as is
34practicable. If an eligible employee requests medical leave
35or family leave, the employee must make a reasonable effort to
-103-1schedule their own, or their family member’s medical treatment,
2to not unduly disrupt the employer’s operations.
3The division requires an eligible employee to file a claim
4for benefits as required by the director. The employee
5must consent to the disclosure of private or confidential
6information to and from the department, and the employee’s
7employer, for administration of the leave. The division
8specifies that such information is not a public record pursuant
9to Code section 22.1. The employee must attest that the
10employee has provided notice of intent to take leave to the
11employee’s employer. The employee must also authorize the
12employee’s, or the employee’s family member’s health care
13provider, to complete a certification of a serious health
14condition.
15The division provides for a seven-day waiting period before
16benefits are payable. There is no waiting period for benefits
17for leave for the birth of a child or placement of a child for
18adoption or foster care.
19The basis for the calculation of the amount of a family
20leave or medical leave benefit is an eligible employee’s weekly
21earnings as defined in the division. The weekly leave benefit
22amount payable to an employee is detailed in the division.
23The department must send the first benefit payment to an
24eligible employee within 10 days after a properly completed
25weekly claim for benefits is received by the department. If
26the employee continues to submit a properly completed weekly
27claim, subsequent payments are to be made at least biweekly.
28If an employer, or the department, contests an employee’s
29eligibility, benefit payments may be made on a conditional
30basis. The employee is required to pay the benefits back if
31the department later rules that the employee is ineligible for
32the benefits.
33The division provides that the program shall be funded via
34employee and employer contributions. Beginning on January 1,
352024, and ending on December 31, 2025, the department must
-104-1assess a covered employer a premium rate of four-tenths of one
2percent of an employee’s weekly wages, subject to a maximum as
3determined by the director based on the maximum wages subject
4to taxation for social security. One-third of the premium
5is to be used to fund family leave insurance benefits and
6two-thirds of the premium is to be used to fund medical leave
7benefits. A covered employer may deduct up to 45 percent of
8the medical leave premium and 45 percent of the family leave
9premium from an employee’s wage. The employer must pay the
10remaining 55 percent of both the medical leave and family
11leave premiums, and may elect to pay all or any portion of its
12employees’ share of such premiums. Beginning January 1, 2026,
13the premium rate shall be calculated by the director based on
14the family leave and medical leave insurance account balance
15ratio as of September 30 of the previous calendar year. The
16premium rate is adjusted based on the balance ratio as detailed
17in the division.
18On September 30 of each year, the division requires the
19department to average the number of employees reported by an
20employer over the last four completed calendar quarters to
21determine if the employer is a covered employer for the next
22calendar year.
23The division requires a covered employer to collect all
24assessed premiums and surcharges from the employer’s employees
25through payroll deduction and to remit all premiums to the
26department as required by the director.
27An employer may apply for, and the director must grant, a
28waiver of premiums for an employee who is located physically
29outside of the state and not expected to work in the state for
301,250 or more hours in any consecutive 12-month period. If
31the employee subsequently works 1,250 or more hours within
32the state, the employer and employee are responsible for all
33premiums that should have been collected.
34Self-employed persons may elect to participate in the
35program as detailed in the division.
-105- 1An eligible employee who takes family leave or medical leave
2is entitled to restoration of employment equal to but not
3greater than that provided by FMLA. The division provides that
4if required under FMLA, an employer must maintain any existing
5health benefits during an employee’s leave. If the employer
6and employee normally share the cost of such, the employee is
7responsible for paying the employee’s share of the costs.
8A covered employer must submit reports as required by the
9director and maintain employment records for each employee
10from which the director may obtain information related to an
11employee’s leave. Such records must be maintained for 10
12years.
13The division provides that family leave or medical leave
14shall be in addition to leave required under state or federal
15law for sickness or temporary disability due to pregnancy or
16childbirth. The division requires family leave or medical
17leave taken under this program to be taken concurrently with
18leave taken under FMLA. A covered employer may allow an
19employee to choose to use either accrued sick or vacation
20benefits, or family leave and medical leave benefits. An
21employee cannot receive family or medical leave benefits at
22the same time the employee is receiving state or federal
23unemployment, workers’ compensation, or disability benefits.
24The division prohibits discrimination on the basis of any state
25or federally protected category.
26The division requires the director to administer the program
27and to provide outreach to ensure that employers and employees
28are aware of the program and the benefits available under such.
29The division provides that a family leave and medical leave
30insurance account shall be created in the custody of the
31treasurer of state. The director shall deposit all premiums
32collected from employers into such account and the account can
33only be used for the program as authorized by the director.
34The division requires the director to adopt rules as
35necessary to implement and administer the provisions of
-106-1the division. The director may take any action under the
2director’s authority to enforce compliance with the division.
3Code section 84A.1(1) is amended to require the department
4of workforce development to administer the laws relating to the
5program.
6The director is required to analyze the funding of the
7program and the benefits payable from the program’s account.
8The director shall determine if the premium rates and the
9benefit levels are appropriate to fully fund and maintain the
10solvency of the program. The director must submit the findings
11to the general assembly no later than January 14, 2022.
12DIVISION IX — INFECTIOUS DISEASE EMERGENCY RESPONSE. This
13division requires the labor commissioner to provide for a
14temporary emergency standard under Code chapter 88, the state
15occupational safety and health law, if the federal secretary
16of labor provides for a federal occupational safety and
17health standard, including an emergency temporary standard,
18or provides any other guideline or recommendation, relating
19to an infectious disease that is the subject of a period of
20infectious disease emergency, as defined in the division. The
21emergency standards must include a requirement for employers
22to provide employees with personal protective equipment and
23sanitizing liquid at no cost and a requirement for employers
24to notify employees of confirmed positive cases of the disease
25within 24 hours. The division requires the commissioner to
26initiate procedures for promulgating a permanent standard
27within one month if the period remains in effect.
28The division requires the labor services division of the
29department of workforce development to respond to any complaint
30of a violation of Code chapter 88 during a period of infectious
31disease emergency that pertains to the infectious disease
32within 24 hours of receiving the complaint. The division
33provides procedures for responding to such complaints and
34carrying out related investigations.
35Violations of Code chapter 88 are subject to civil penalties
-107-1in amounts not to exceed maximum amounts set by federal
2law. Any employer who willfully violates any standard, rule,
3or order promulgated pursuant to Code section 88.5, or of
4any regulations prescribed pursuant to Code chapter 88, if
5the violation caused death to any employee, is guilty of a
6serious misdemeanor for a first conviction and an aggravated
7misdemeanor for a subsequent conviction. A serious misdemeanor
8is punishable by confinement for no more than one year and a
9fine of at least $430 but not more than $2,560. An aggravated
10misdemeanor is punishable by confinement for no more than two
11years and a fine of at least $855 but not more than $8,540.
12DIVISION X — COVID-19 RELATED LIABILITY. This division
13enacts Code chapter 686E, which provides standards for civil
14liability relating to COVID-19.
15The division provides that a person shall not bring or
16maintain a civil action alleging exposure or potential exposure
17to COVID-19 unless the civil action relates to a minimum
18medical condition, involves an act that was intended to cause
19harm, or involves an act that constitutes actual malice.
20The division provides that a person in Iowa shall not be
21held liable for civil damages for any injuries sustained from
22exposure or potential exposure to COVID-19 if the act or
23omission alleged to violate a duty of care was in substantial
24compliance or was consistent with any federal or state statute,
25regulation, order, or public health guidance related to
26COVID-19 that was applicable to the person or activity at issue
27at the time of the alleged exposure or potential exposure.
28The division provides standards for civil liability relating
29to COVID-19 for premises owners; health care providers; and
30persons who design, manufacture, label, sell, distribute, or
31donate certain materials relating to COVID-19.
32The division shall not be construed to affect the rights or
33limits under state law on workers’ compensation.
34Code chapter 686E is repealed December 31, 2022.
35The division repeals Code chapter 686D, which provides
-108-1standards for civil liability relating to COVID-19 for premises
2owners; health care providers; persons who design, manufacture,
3label, sell, distribute, or donate certain materials relating
4to COVID-19; and persons generally.
5The division takes effect upon enactment and applies
6retroactively to January 1, 2020.
7Division XI — CONTRACTOR COLLECTIVE BARGAINING.
8This division provides collective bargaining procedures
9for contractors under new Code chapter 20A. Applicable
10rights, procedures, penalties, and remedies for contractors,
11employers for whom contractors perform labor under contract,
12and contractor organizations are similar to those provided for
13public employees, public employers, and employee organizations
14under Code chapter 20. Code chapter 20A will be interpreted,
15applied, and administered by the PERB.
16The division defines “contractor” as a natural person who
17performs labor in Iowa to whom a payor of income makes payments
18which are not subject to withholding and for whom the payor of
19income is required by the internal revenue service to complete
20a form. “Contractor” includes a marketplace contractor under
21Code chapter 93 and a subcontractor.
22The division defines “employer” as a person, as defined in
23Code chapter 4, for whom a contractor performs labor under
24contract.
25The division defines “contractor organization” as an
26organization of any kind in which contractors participate
27and which exists for the primary purpose of representing
28contractors in their relations with employers.
-109-je/rn