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Senate File 2304 - IntroducedA Bill ForAn Act 1relating to providing family and medical leave for
2railroad employees and providing a penalty.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 91F.1 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Applicable monthly guarantee” means the minimum number
5of hours a railroad employer has agreed to pay the employee or
6the minimum number of hours a railroad employer has agreed to
7schedule the employee.
82. “Commissioner” means the labor commissioner, appointed
9pursuant to section 91.2.
103. “Eligible employee” means an employee, as defined in
11section 91A.2, who performs regulated service for a railroad
12employer, has been employed for at least twelve months by the
13railroad employer with respect to whom leave is requested,
14and has worked or been paid for not less than five hundred
15four hours with such railroad employer during the previous
16twelve-month period or has worked or been paid for not less
17than sixty percent of the employee’s applicable monthly
18guarantee.
194. “Parent” means a biological or adoptive parent of an
20employee.
215. “Railroad employer” means an employer, as defined in
22section 9lA.2, that is a railroad which operates any form
23of nonhighway ground transportation that runs on rails or
24electromagnetic guideways.
256. “Serious health condition” means an illness, injury,
26impairment, or physical or mental condition that involves
27inpatient care in a hospital, hospice, or residential facility
28or continuing treatment by a health care provider.
297. “Son or daughter” means a biological, adopted, or foster
30child, a stepchild, a legal ward, or a child of a person
31standing in loco parentis who is under eighteen years of age or
32is eighteen years of age or older and incapable of self-care
33because of a mental or physical disability.
348. “Spouse” means a husband or wife.
35 Sec. 2. NEW SECTION. 91F.2 Family and medical leave
-1-1authorized.
21. An eligible employee shall be entitled to a total of
3eighty-four days of leave during any twelve-month period for
4one or more of the following:
5a. Because of the birth of a son or daughter of the employee
6and in order to care for such son or daughter.
7b. Because of the placement of a son or daughter with the
8employee for adoption or foster care.
9c. In order to care for the spouse, or a son, daughter,
10or parent of the employee, if such spouse, son, daughter, or
11parent has a serious health condition.
12d. Because of a serious health condition that makes the
13employee unable to perform the functions of the position of
14such employee.
152. The entitlement to leave under subsection 1, paragraphs
16“a” and “b”, for a birth or placement of a son or daughter shall
17expire at the end of the twelve-month period beginning on the
18date of such birth or placement.
19 Sec. 3. NEW SECTION. 91F.3 Leave requirements.
201. A railroad employer shall not be required to pay an
21eligible employee for any leave taken pursuant to section
2291F.2. However, an eligible employee taking a leave permitted
23by this chapter may elect to substitute for leave allowed under
24this chapter any of the employee’s accrued vacation leave or
25other accrued time off during this period or any other paid
26or unpaid time off negotiated with the employer. However, an
27employee shall not use sick leave during the period of the
28family and medical leave unless mutually agreed to by the
29employer and the employee.
302. If the employee’s need for a leave pursuant to this
31section is foreseeable, the employee shall provide the railroad
32employer with reasonable advance notice of the need for the
33leave.
34 Sec. 4. NEW SECTION. 91F.4 Penalties — enforcement.
351. It shall be unlawful for a railroad employer to refuse to
-2-1hire, discharge, fine, suspend, expel, or discriminate against
2any individual for exercising the individual’s rights to take
3leave pursuant to this chapter.
42. An employer who violates this chapter commits a simple
5misdemeanor.
63. The commissioner shall adopt rules to implement and
7enforce this chapter.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill provides that railroad employees shall be entitled
12to take leave, including unpaid leave, for up to 84 days in
13a 12-month period because of a birth or adoption of a son
14or daughter or because of a serious health condition of the
15employee or the employee’s son or daughter, spouse, or parent.
16The bill provides definitions for “applicable monthly
17guarantee”, “commissioner”, “eligible employee”, “parent”,
18“railroad employer”, “serious health condition”, “son or
19daughter”, and “spouse”. An eligible employee is defined as
20a person employed for at least 12 months by the employer and
21who has worked or been paid for not less than 504 hours with
22such employer during the previous 12-month period or has worked
23or been paid for not less than 60 percent of the employee’s
24applicable monthly guarantee. “Applicable monthly guarantee”
25is defined as the minimum number of hours a railroad employer
26has agreed to pay the employee or the minimum number of hours
27a railroad employer has agreed to schedule the employee. A
28“railroad employer” is defined as provided in the Code chapter
29governing wage payment collection as a person who employs a
30natural person for wages for a railroad.
31The bill provides for how the leave will be taken, whether
32paid or unpaid, and that an eligible employee should make
33an effort to provide advance notice that the leave may be
34taken. The bill provides that a railroad employer who violates
35this Code chapter commits a simple misdemeanor. A simple
-3-1misdemeanor is punishable by confinement for no more than
230 days and a fine of at least $105 but not more than $855.
3Finally, the bill provides that the labor commissioner shall
4adopt rules to implement and enforce this new Code chapter.
-4-ec/rn
2railroad employees and providing a penalty.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 91F.1 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Applicable monthly guarantee” means the minimum number
5of hours a railroad employer has agreed to pay the employee or
6the minimum number of hours a railroad employer has agreed to
7schedule the employee.
82. “Commissioner” means the labor commissioner, appointed
9pursuant to section 91.2.
103. “Eligible employee” means an employee, as defined in
11section 91A.2, who performs regulated service for a railroad
12employer, has been employed for at least twelve months by the
13railroad employer with respect to whom leave is requested,
14and has worked or been paid for not less than five hundred
15four hours with such railroad employer during the previous
16twelve-month period or has worked or been paid for not less
17than sixty percent of the employee’s applicable monthly
18guarantee.
194. “Parent” means a biological or adoptive parent of an
20employee.
215. “Railroad employer” means an employer, as defined in
22section 9lA.2, that is a railroad which operates any form
23of nonhighway ground transportation that runs on rails or
24electromagnetic guideways.
256. “Serious health condition” means an illness, injury,
26impairment, or physical or mental condition that involves
27inpatient care in a hospital, hospice, or residential facility
28or continuing treatment by a health care provider.
297. “Son or daughter” means a biological, adopted, or foster
30child, a stepchild, a legal ward, or a child of a person
31standing in loco parentis who is under eighteen years of age or
32is eighteen years of age or older and incapable of self-care
33because of a mental or physical disability.
348. “Spouse” means a husband or wife.
35 Sec. 2. NEW SECTION. 91F.2 Family and medical leave
-1-1authorized.
21. An eligible employee shall be entitled to a total of
3eighty-four days of leave during any twelve-month period for
4one or more of the following:
5a. Because of the birth of a son or daughter of the employee
6and in order to care for such son or daughter.
7b. Because of the placement of a son or daughter with the
8employee for adoption or foster care.
9c. In order to care for the spouse, or a son, daughter,
10or parent of the employee, if such spouse, son, daughter, or
11parent has a serious health condition.
12d. Because of a serious health condition that makes the
13employee unable to perform the functions of the position of
14such employee.
152. The entitlement to leave under subsection 1, paragraphs
16“a” and “b”, for a birth or placement of a son or daughter shall
17expire at the end of the twelve-month period beginning on the
18date of such birth or placement.
19 Sec. 3. NEW SECTION. 91F.3 Leave requirements.
201. A railroad employer shall not be required to pay an
21eligible employee for any leave taken pursuant to section
2291F.2. However, an eligible employee taking a leave permitted
23by this chapter may elect to substitute for leave allowed under
24this chapter any of the employee’s accrued vacation leave or
25other accrued time off during this period or any other paid
26or unpaid time off negotiated with the employer. However, an
27employee shall not use sick leave during the period of the
28family and medical leave unless mutually agreed to by the
29employer and the employee.
302. If the employee’s need for a leave pursuant to this
31section is foreseeable, the employee shall provide the railroad
32employer with reasonable advance notice of the need for the
33leave.
34 Sec. 4. NEW SECTION. 91F.4 Penalties — enforcement.
351. It shall be unlawful for a railroad employer to refuse to
-2-1hire, discharge, fine, suspend, expel, or discriminate against
2any individual for exercising the individual’s rights to take
3leave pursuant to this chapter.
42. An employer who violates this chapter commits a simple
5misdemeanor.
63. The commissioner shall adopt rules to implement and
7enforce this chapter.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill provides that railroad employees shall be entitled
12to take leave, including unpaid leave, for up to 84 days in
13a 12-month period because of a birth or adoption of a son
14or daughter or because of a serious health condition of the
15employee or the employee’s son or daughter, spouse, or parent.
16The bill provides definitions for “applicable monthly
17guarantee”, “commissioner”, “eligible employee”, “parent”,
18“railroad employer”, “serious health condition”, “son or
19daughter”, and “spouse”. An eligible employee is defined as
20a person employed for at least 12 months by the employer and
21who has worked or been paid for not less than 504 hours with
22such employer during the previous 12-month period or has worked
23or been paid for not less than 60 percent of the employee’s
24applicable monthly guarantee. “Applicable monthly guarantee”
25is defined as the minimum number of hours a railroad employer
26has agreed to pay the employee or the minimum number of hours
27a railroad employer has agreed to schedule the employee. A
28“railroad employer” is defined as provided in the Code chapter
29governing wage payment collection as a person who employs a
30natural person for wages for a railroad.
31The bill provides for how the leave will be taken, whether
32paid or unpaid, and that an eligible employee should make
33an effort to provide advance notice that the leave may be
34taken. The bill provides that a railroad employer who violates
35this Code chapter commits a simple misdemeanor. A simple
-3-1misdemeanor is punishable by confinement for no more than
230 days and a fine of at least $105 but not more than $855.
3Finally, the bill provides that the labor commissioner shall
4adopt rules to implement and enforce this new Code chapter.
-4-ec/rn