Bill Text: IA HF2223 | 2019-2020 | 88th General Assembly | Introduced

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Bill Title: A bill for an act providing for paid sick leave and scheduling procedures for employees, establishing a family leave and medical leave insurance program, providing penalties and remedies, and including applicability provisions.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-02-06 - Sponsor added, Gaskill. H.J. 205. [HF2223 Detail]

Download: Iowa-2019-HF2223-Introduced.html

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House File 2223 - Introduced
HOUSE FILE 2223
BY WESSEL-KROESCHELL ,
ISENHART , STAED , B. MEYER ,
and KURTH
A BILL FOR
An Act providing for paid sick leave and scheduling procedures
for employees, establishing a family leave and medical leave
insurance program, providing penalties and remedies, and
including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 84A.1, subsection 1, Code 2020, is
amended to read as follows:
1. The department of workforce development is created to
administer the laws of this state relating to unemployment
compensation insurance, job placement and training, employment
safety, labor standards, and workers’ compensation , family
leave and medical leave insurance, and related matters .
Sec. 2. Section 84A.5, subsections 3 and 4, Code 2020, are
amended to read as follows:
3. The department of workforce development is responsible
for administration of unemployment compensation benefits
and collection of employer contributions under chapter 96 ,
providing for the delivery of free public employment services
established pursuant to chapter 96 , administration of family
leave and medical leave insurance under chapter 96A, other job
placement and training programs established pursuant to section
84A.6 , and the delivery of services located throughout the
state.
4. The division of labor services is responsible for the
administration of the laws of this state under chapters 88 ,
88A , 88B , 89 , 89A , 89B , 90A , 91 , 91A , 91C , 91D , 91E , 92 , and 94,
94A , and 95, and sections 73A.21 and 85.68 . The executive head
of the division is the labor commissioner, appointed pursuant
to section 91.2 .
Sec. 3. Section 91.4, subsection 2, Code 2020, is amended
to read as follows:
2. The director of the department of workforce development,
in consultation with the labor commissioner, shall, at the
time provided by law, make an annual report to the governor
setting forth in appropriate form the business and expense of
the division of labor services for the preceding year, the
number of remedial actions taken under chapter 89A , the number
of disputes or violations processed by the division and the
disposition of the disputes or violations, and other matters
pertaining to the division which are of public interest,
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together with recommendations for change or amendment of the
laws in this chapter and chapters 88 , 88A , 88B , 89 , 89A , 89B ,
90A , 91A , 91C , 91D , 91E , 92 , and 94, 94A , and 95, and section
85.68 , and the recommendations, if any, shall be transmitted
by the governor to the first general assembly in session after
the report is filed.
Sec. 4. Section 91A.2, subsection 7, Code 2020, is amended
by adding the following new paragraph:
NEW PARAGRAPH . e. Predictability pay pursuant to section
93.4.
Sec. 5. NEW SECTION . 94.1 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
1. “Child” means a biological, adopted, or foster child,
stepchild, legal ward, or a child to whom the employee stands
in loco parentis, who is either under eighteen years of age
or eighteen years of age or older and incapable of self-care
because of a mental or physical disability.
2. “Commissioner” means the labor commissioner appointed
pursuant to section 91.2, or the labor commissioner’s designee.
3. “Domestic abuse” means the same as defined in section
236.2.
4. “Employee” means an individual who is employed in this
state for compensation by an employer.
5. “Employer” means any person that employs employees in
this state.
6. “Retaliation” means any termination of employment,
suspension, constructive discharge, demotion, unfavorable
reassignment, refusal to promote, disciplinary action, or other
adverse employment action taken by an employer.
7. “Sexual assault” means the same as defined in section
915.40.
Sec. 6. NEW SECTION . 94.2 Paid sick leave —— requirements
—— exceptions.
1. An employer shall provide paid sick leave annually to
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each employee employed by the employer. An employee shall
accrue paid sick leave at a rate of one hour of leave for each
thirty hours worked by the employee, in one-hour increments
up to a maximum of fifty-six hours of leave per calendar
year. An employee shall not be entitled to use more than
fifty-six accrued hours of paid sick leave per year. An
employee shall be entitled to carry over up to fifty-six unused
accrued hours of paid sick leave from one calendar year to the
following calendar year. An employee shall begin to accrue
paid sick leave on the first day of the employee’s employment
by an employer. An employee may use accrued paid sick leave
beginning sixty calendar days after the first day of the
employee’s employment by an employer.
2. An employer shall pay an employee for accrued paid sick
leave at a pay rate equal to the normal hourly wage for that
employee. For any employee whose hourly wage varies depending
on the work performed by the employee, the employee’s pay rate
shall be the average hourly wage of the employee in the pay
period prior to the one in which the employee used accrued
paid sick leave. However, an employer who employs fifteen or
less employees in this state may instead provide an employee
with unpaid leave or leave paid at a rate less than the normal
hourly wage for that employee.
3. An employer shall be deemed to be in compliance with
this section if the employer offers any other paid leave or
combination of other paid leave that may be used for the
purposes of section 94.3 and is accrued at a rate equal to or
greater than the rate described in subsection 1. Other paid
leave may include but is not limited to vacation, personal
days, or time off.
4. By mutual consent of an employee and employer, the
employee may work additional hours or shifts during the same
pay period the leave is taken or during the following pay
period, instead of using accrued paid sick leave.
Sec. 7. NEW SECTION . 94.3 Permitted uses of leave.
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1. An employer shall permit an employee to use paid sick
leave accrued by the employee for the reasons specified in
subsections 2 and 3.
2. For an employee, the employee’s spouse, or the employee’s
child, accrued paid sick leave may be used for any of the
following reasons:
a. Mental or physical illness, injury, or a health
condition.
b. Medical diagnosis, care, or treatment of mental illness
or physical illness, injury, or a health condition.
c. Preventative medical care.
3. For an employee who is a victim of domestic abuse or
sexual assault, accrued paid sick leave may be used for any of
the following reasons:
a. Medical care or psychological or other counseling for
physical or psychological injury or disability.
b. To obtain services from a victim services organization.
c. Relocation due to such domestic abuse or sexual assault.
d. Participation in any civil or criminal proceedings
relating to or resulting from such domestic abuse or sexual
assault.
Sec. 8. NEW SECTION . 94.4 Advance notice —— documentation.
1. If an employee’s need to use paid sick leave is
foreseeable, an employer may require advance notice, not to
exceed seven days prior to the date such leave is to begin, of
the employee’s intent to use such leave. If an employee’s need
for such leave is not foreseeable, an employer may require an
employee to give notice of such intent as soon as practicable.
2. For paid sick leave of three or more consecutive
days, an employer may require reasonable documentation that
such leave is being taken for the purposes permitted under
section 94.3. If such leave is permitted under section 94.3,
subsection 2, documentation signed by a health care provider
who is treating the employee or the employee’s child or spouse
indicating the need for the number of days of such leave shall
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be considered reasonable documentation. If such leave is
permitted under section 94.3, subsection 3, a court record or
documentation signed by an employee or volunteer working for a
victim services organization, an attorney, a police officer, or
other counselor involved with the employee shall be considered
reasonable documentation.
Sec. 9. NEW SECTION . 94.5 Notice by employers.
1. An employer shall, at the time of an employee’s hiring,
provide notice to the employee of all of the following:
a. The right to sick leave established by this chapter, the
amount of sick leave provided, and the terms under which sick
leave may be used.
b. That retaliation or discrimination by the employer
against the employee for requesting or using sick leave for
which the employee is eligible is prohibited.
c. The employee’s right to file a complaint with the
commissioner for any violation of this chapter.
2. An employer may comply with the provisions of this
section by displaying a poster in a conspicuous place,
accessible to employees, at the employer’s place of business
that contains the information required by this section in both
English and Spanish.
3. The commissioner may adopt rules pursuant to chapter 17A
to establish additional requirements concerning the means by
which employers shall provide notice required by this section.
Sec. 10. NEW SECTION . 94.6 Termination of employment ——
limitations.
1. Unless an employee policy or collective bargaining
agreement provides for the payment of accrued benefits upon
termination, an employee shall not be entitled to payment for
the employee’s unused hours of accrued sick leave under this
chapter upon termination of employment.
2. An employee whose employment is terminated by an
employer, and who is subsequently rehired within one calendar
year of the date of termination of employment shall be entitled
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to any unused hours of paid sick leave that had been accrued
by the employee prior to the termination of the employee’s
employment. An employee whose employment is terminated by
an employer, and who is subsequently rehired longer than one
calendar year after the date of termination of employment shall
not be entitled to any unused hours of paid sick leave that had
been accrued by the employee prior to the termination of the
employee’s employment unless agreed to by the employer.
Sec. 11. NEW SECTION . 94.7 Retaliation and discrimination
prohibited.
An employer shall not retaliate or in any other manner
discriminate against an employee because the employee has
requested or used accrued paid sick leave in accordance with
this chapter or the employer’s own paid sick leave policy, or
because the employee filed a complaint with the commissioner
alleging the employer’s violation of this chapter or has
cooperated in filing such a complaint.
Sec. 12. NEW SECTION . 94.8 Complaints —— remedies.
An employee may file a complaint with the commissioner
alleging a violation of this chapter. Upon receipt of the
complaint, the commissioner shall cause an investigation to be
made to the extent deemed appropriate. If the commissioner
determines from the investigation that the provisions of this
chapter have been violated, the commissioner shall bring an
action in the appropriate district court against such person.
The district court shall have jurisdiction, for cause shown, to
restrain violations of this chapter and order all appropriate
relief, including payment for accrued paid sick leave used by
the employee or rehiring or reinstatement of the employee to
the former position with back pay.
Sec. 13. NEW SECTION . 94.9 Civil penalties.
1. An employer who violates section 94.7 is subject to a
civil penalty of not more than five hundred dollars for each
violation. An employer who violates any other provision of
this chapter is subject to a civil penalty of not more than one
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hundred dollars for each violation.
2. The commissioner may propose that an employer be assessed
a civil money penalty by serving the employer with notice of
such proposal in the same manner as an original notice is
served under the rules of civil procedure. Upon service of
such notice, the proposed assessment shall be treated as a
contested case under chapter 17A.
3. If an employer does not request a hearing pursuant
to subsection 2 or if the commissioner determines, after an
appropriate hearing, that an employer is in violation of this
chapter, the commissioner shall assess a civil money penalty,
consistent with the provisions of subsection 1.
4. An employer may seek judicial review of any assessment
rendered under subsection 3 by instituting proceedings for
judicial review pursuant to chapter 17A.
5. After the time for seeking judicial review has expired
or after all judicial review has been exhausted and the
commissioner’s assessment has been upheld, the commissioner
shall request the attorney general to recover the assessed
penalties in a civil action. Any civil money penalty recovered
shall be deposited in the general fund of the state.
Sec. 14. NEW SECTION . 94.10 Construction.
This chapter shall not be construed to prohibit an employer
from doing any of the following:
1. Providing more paid sick leave than is required under
this chapter or placing limitations on the amount and purposes
for which an employee may use such additional leave.
2. Establishing a policy whereby an employee may donate
unused accrued paid sick leave to another employee.
3. Taking disciplinary action against an employee who uses
accrued paid sick leave under this chapter for purposes other
than those provided in this chapter.
Sec. 15. NEW SECTION . 94.11 Rules.
The commissioner shall adopt rules pursuant to chapter 17A
to administer this chapter.
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Sec. 16. NEW SECTION . 95.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Commissioner” means the labor commissioner, appointed
pursuant to section 91.2, or the labor commissioner’s designee.
2. “Employee” means a natural person who is employed in this
state for wages by an employer.
3. “Employer” means a person, as defined in section 4.1, who
in this state employs for wages a natural person.
4. “Flexible working arrangement” means a change in an
employee’s terms and conditions of employment with respect to
work schedule, including but not limited to a modified work
schedule; changes in start or end times in a work schedule or
work shift; a predictable, stable work schedule; part-time
employment; job sharing arrangements; working from home;
telecommuting; limitations on the employee’s availability to
work; changes in the location of the employee’s worksite;
reduction or change in work duties; or part-year employment.
5. “On call” means time that an employer requires an
employee to be available to work, and to contact the employer
or the employer’s designee or wait to be contacted by the
employer or the employer’s designee to determine whether the
employee is required to report to work at that time.
6. “Shift” means the consecutive hours an employer requires
an employee to work or to be on call to work. Breaks totaling
two hours or less shall not be considered an interruption of
consecutive hours.
7. “Wages” means the same as defined in section 91A.2.
8. “Work schedule” means all of an employee’s regular and
on-call shifts during a work week.
9. “Work week” means a fixed, consecutive seven-day period.
Sec. 17. NEW SECTION . 95.2 Advance notice of work
schedules.
1. An employer shall provide each employee an initial
written work schedule at least twenty-one days before the first
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day of the period covered by the work schedule. An employer
shall notify an employee of any change in the employee’s work
schedule before the change takes effect and shall provide the
employee with a revised written work schedule reflecting any
such change within twenty-four hours of making the change.
2. An employer shall not require an employee to work hours
not included in the employee’s initial written work schedule
without written consent in advance from the employee.
3. On or before the first day of an employee’s employment,
the employer shall provide the employee with a written
work schedule for the employee’s first twenty-one days of
employment.
4. An employer shall post a written work schedule that
includes the shifts of each current employee at a worksite
at least twenty-one days before the start of each work week,
whether or not the employee is scheduled to work or be on call
that week. The employer shall update the posted work schedule
within twenty-four hours of any change to the schedule. The
employer shall post the written work schedule in a place
that is readily accessible and visible to all employees at a
worksite.
5. An employer shall begin an employee’s work week on
the same day of each week, unless the employer provides the
employee written notice of a change in the start day of the
work week twenty-one days in advance of the change.
6. An employer shall not require an employee to seek or find
a replacement employee for any shifts or hours an employee is
unable to work.
7. An employee may request a change in work schedule,
request to limit the employee’s availability to work particular
hours, or otherwise provide input into the employee’s work
schedule.
Sec. 18. NEW SECTION . 95.3 Flexible working arrangements.
1. An employee may submit a written request to an employer
for a flexible working arrangement at any time.
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2. An employer shall consider an employee’s request for a
flexible working arrangement in good faith and engage in an
interactive process with the employee to determine whether
the request can be granted in a manner consistent with the
employer’s business operations and legal or contractual
obligations. The employer shall initiate the interactive
process within two days of receiving the request. If the
employer requires additional information from the employee in
order to make a determination, the employer shall explain to
the employee what further information is needed and shall give
the employee a reasonable time to respond.
3. Upon the conclusion of the interactive process, an
employer shall notify the employee in writing of the employer’s
decision regarding a flexible working arrangement within two
days of the employer’s last communication with the employee
during the interactive process.
4. An employer is required to grant an employee a flexible
working arrangement if the employee requests a flexible working
arrangement for one of the following reasons and provides
documentation of the reason to the employer:
a. A serious medical condition of the employee.
b. The employee’s responsibilities as a caregiver.
c. The employee’s participation in a career-related
educational or training program.
d. For a part-time employee, a reason relating to another
job of the employee.
Sec. 19. NEW SECTION . 95.4 Predictability pay required.
1. An employer may make any of the following changes to an
employee’s shift within twenty-one days of, but not less than
twenty-four hours from, the start of the shift if the employer
pays the affected employee one hour of predictability pay:
a. Subtract hours from a shift.
b. Add hours to a shift or add a shift.
c. Cancel a shift.
d. Change the start or end time of a shift.
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2. An employer may make any of the following changes to the
employee’s shift within twenty-four hours of the start of the
shift if the employer pays the affected employee one hour of
predictability pay:
a. Change the start or end time of a shift without changing
the total number of hours in the shift.
b. Add hours to a shift.
3. If an employer cancels an employee’s shift or reduces the
hours in an employee’s shift without notifying the employee at
least twenty-four hours before the shift would otherwise begin,
the employer shall pay the employee the lesser of four hours of
predictability pay or predictability pay equal to the number of
hours originally scheduled for the shift minus the number of
hours, if any, the employee actually worked for the shift.
4. Predictability pay shall be calculated on an hourly
basis and shall be equal to the employee’s regular wage rate.
Predictability pay shall be in addition to any wages earned for
work performed by the employee during a shift. An employer
shall pay predictability pay to an employee in the same pay
period in which it is accrued by the employee.
5. An employer is not required to pay an employee
predictability pay under this section when a work schedule
change is the result of any of the following:
a. The employee’s request, including but not limited to a
request to trade shifts with another employee, or to use sick
leave, vacation time, or any other type of leave.
b. A mutually agreed upon shift trade among employees.
Sec. 20. NEW SECTION . 95.5 Exception for suspended
operations.
The requirements of sections 95.2, 95.3, and 95.4 do not
apply to an employer when that employer’s operations are
suspended for one of the following reasons:
1. A threat to the employer’s employees or property.
2. A recommendation from a local, state, or federal agency
that work not begin or continue.
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3. A failure of a public utility or sewer system.
4. A natural disaster or other weather-related event.
Sec. 21. NEW SECTION . 95.6 Right to rest.
An employee may decline to work any hours that begin sooner
than eleven hours after the end of the employee’s previous
shift.
Sec. 22. NEW SECTION . 95.7 Access to hours.
If an employer has additional hours of work available in
positions held by current employees, the employer shall offer
such hours to current qualified employees before hiring new
employees or contractors, including the use of temporary
services or staffing agencies.
Sec. 23. NEW SECTION . 95.8 Discrimination based on hours
of work prohibited.
1. An employer shall not pay a different regular rate of
pay to employees whose jobs require similar skill, effort, and
duties and are performed under similar working conditions,
based on the number of hours an employee is scheduled to work.
An employer may pay different hourly wages based on other
permissible factors, including but not limited to seniority
systems, merit, employee responsibilities, or systems that
measure earnings by quantity or quality of production.
2. An employer shall not condition eligibility for leave or
time off differently for employees whose jobs require similar
skill, effort, and duties and are performed under similar
working conditions, based on the number of hours an employee is
scheduled to work. An employer may prorate employee leave or
time off based on the number of hours the employee works.
3. An employer shall not condition eligibility for raises or
promotions differently for employees whose jobs require similar
skill, effort, and duties and are performed under similar
working conditions, based on the number of hours an employee
is scheduled to work. An employer may condition eligibility
for raises or promotions on other permissible factors,
including but not limited to seniority systems, merit, employee
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responsibilities, or the nature and amount of an employee’s
work experience.
Sec. 24. NEW SECTION . 95.9 Retaliation prohibited.
1. An employer shall not discharge or take any other
adverse action against an employee in retaliation for asserting
any claim or right under this chapter, for assisting another
employee in doing so, or for informing another employee about
their rights under this chapter. An employer taking any
adverse action against an employee within one year of the
employee’s engaging in such activities raises a rebuttable
presumption that such action was retaliatory in nature. Such
presumption may be rebutted by clear and convincing evidence
that such action was taken for other permissible reasons.
2. Any employee may file a complaint with the commissioner
alleging retaliation within one year after such action occurs.
Upon receipt of the complaint, the commissioner shall cause an
investigation to be made to the extent deemed appropriate. If
the commissioner determines from the investigation that the
provisions of this section have been violated, the commissioner
shall bring an action in the appropriate district court against
such person. The district court shall have jurisdiction, for
cause shown, to restrain violations of this section and order
all appropriate relief including rehiring or reinstatement of
the employee to the former position with back pay.
Sec. 25. NEW SECTION . 95.10 Damages recoverable by an
employee.
In addition to any other remedy provided by law, an employee
may bring a civil action against an employer for a violation
of this chapter in any court of competent jurisdiction for
an amount equal to three times any damages incurred by the
employee. The employee may also recover court costs and
attorney fees and receive injunctive and other appropriate
relief as the court may order.
Sec. 26. NEW SECTION . 95.11 General powers and duties of
the commissioner.
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1. The commissioner shall administer and enforce the
provisions of this chapter. The commissioner may hold hearings
and investigate charges of violations of this chapter.
2. The commissioner, consistent with due process of law,
may enter any place of employment to inspect records relevant
to the enforcement of this chapter, to question the employer
and employees, and to investigate such facts, conditions, or
matters as are deemed appropriate in determining whether any
person has violated the provisions of this chapter. However,
such entry by the commissioner shall only be in response to a
written complaint.
3. The commissioner may employ such qualified personnel
as are necessary for the enforcement of this chapter. Such
personnel shall be employed pursuant to chapter 8A, subchapter
IV.
4. The commissioner shall adopt rules pursuant to chapter
17A to administer this chapter.
Sec. 27. NEW SECTION . 95.12 Settlement of claims and suits
for wages.
1. Upon the written complaint by an employee of a
violation of this chapter, the commissioner may determine
whether the complaint may constitute an enforceable claim.
If for any reason the commissioner decides not to make such
determination, the commissioner shall so notify the complaining
employee within fourteen days of receipt of the complaint.
The commissioner shall otherwise notify the employee of
such determination within a reasonable time and if it is
determined that the complaint contains an enforceable claim,
the commissioner shall, with the consent of the complaining
employee, take an assignment in trust for the wages and for
any claim for liquidated damages without being bound by any of
the technical rules respecting the validity of the assignment.
However, the commissioner shall not accept a complaint after
one year from the date a violation occurred.
2. The commissioner, with the assistance of the office
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of the attorney general if the commissioner requests such
assistance, shall, unless a settlement is reached under this
subsection, commence a civil action in any court of competent
jurisdiction to recover for the benefit of any employee
any claims that have been assigned to the commissioner for
recovery. The commissioner may also request reasonable and
necessary attorney fees. With the consent of the assigning
employee, the commissioner may also settle a claim on behalf
of the assigning employee. Proceedings under this subsection
and subsection 1 that precede commencement of a civil action
shall be conducted informally without any party having a right
to be heard before the commissioner. The commissioner may join
various assignments in one claim for the purpose of settling or
litigating claims.
3. The provisions of subsections 1 and 2 shall not be
construed to prevent an employee from settling or bringing a
civil action for damages under section 95.10 if the employee
has not assigned the claim under subsection 1.
4. A recovery of attorney fees, in the case of civil
actions brought under this section by the commissioner, shall
be remitted by the commissioner to the treasurer of state for
deposit in the general fund of the state. The commissioner
shall not be required to pay any filing fee or other court
costs.
Sec. 28. NEW SECTION . 95.13 Civil penalties.
1. An employer who violates the provisions of this chapter
or the rules adopted under it shall be subject to a civil
penalty of not more than five hundred dollars per pay period
for each violation. The commissioner may recover a civil
penalty according to the provisions of subsections 2 through
5. A civil penalty recovered shall be deposited in the general
fund of the state.
2. The commissioner may propose that an employer be assessed
a civil penalty by serving the employer with notice of such
proposal in the same manner as an original notice is served
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under the rules of civil procedure. Upon service of such
notice, the proposed assessment shall be treated as a contested
case under chapter 17A, if the employer requests a hearing
within thirty days of being served.
3. If an employer does not request a hearing pursuant
to subsection 2 or if the commissioner determines, after an
appropriate hearing, that an employer is in violation of this
chapter, the commissioner shall assess a civil penalty under
subsection 1 which is rendered with due consideration for the
penalty amount in terms of the size of the employer’s business,
the gravity of the violation, the good faith of the employer,
and the history of previous violations.
4. An employer may seek judicial review of any assessment
made under subsection 3 by instituting proceedings for judicial
review pursuant to chapter 17A. However, such proceedings must
be instituted in the district court of the county in which the
violation or one of the violations occurred and within thirty
days of the day on which the employer was notified that an
assessment was made. Also, an employer may be required, at
the discretion of the district court and upon instituting such
proceedings, to deposit the amount assessed with the clerk of
the district court. Any moneys so deposited shall either be
returned to the employer or be forwarded to the commissioner
for deposit in the general fund of the state, depending on the
outcome of the judicial review, including any appeal to the
supreme court.
5. After the time for seeking judicial review has expired
or after all judicial review has been exhausted and the
commissioner’s assessment has been upheld, the commissioner
shall request the attorney general to recover the assessed
civil penalty in a civil action.
Sec. 29. NEW SECTION . 95.14 More generous policies
encouraged.
This chapter shall not be construed to discourage or
prohibit an employer from the adoption or retention of a policy
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that meets or exceeds but does not otherwise conflict with the
minimum standards and requirements provided in this chapter.
Sec. 30. NEW SECTION . 95.15 Collective bargaining
agreements.
If any provision of this chapter conflicts with a provision
of an applicable collective bargaining agreement, the provision
of the collective bargaining agreement shall govern.
Sec. 31. NEW SECTION . 96A.1 Short title.
This chapter may be cited as the “Iowa Family and Medical
Leave Act” .
Sec. 32. NEW SECTION . 96A.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Child” means a biological, adopted, or foster child,
a stepchild, a legal ward, or a child of a person standing in
loco parentis, regardless of the child’s age or dependency
status.
2. “Covered employer” means a private sector employer who
has ten or more employees for each working day during each of
twenty or more calendar workweeks in the current or previous
calendar year and a public employer without regard to the
number of employees employed.
3. “Department” means the department of workforce
development.
4. “Director” means the director of the department of
workforce development.
5. “Employee” means the same as defined in section 91A.2.
“Employee” does not include an independent contractor, a self-
employed person, or a patient or inmate employed by a state
or local institution to which the patient or inmate has been
sentenced or committed.
6. “Employer” means the same as defined in 91A.2.
“Employer” includes a temporary staffing agency or employment
agency.
7. “Employment benefits” means all benefits provided or
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made available to an employee by an employer, including group
life insurance, health insurance, disability insurance, sick
leave, annual leave, educational benefits, and pensions except
benefits that are provided by a practice or written policy of
an employer or through an employee benefit plan as defined in
29 U.S.C. §1002(3).
8. “Family leave” means a leave taken from work by an
employee for any of the following reasons:
a. To participate in providing care, including physical or
psychological care, for a family member of the employee made
necessary by a serious health condition of the family member.
b. To bond with the employee’s child after the child’s
birth or with a child under the age of eighteen placed with the
employee for adoption or foster care.
c. Because of a qualifying exigency for a family member as
permitted under the federal Family and Medical Leave Act of
1993, as amended, and federal regulations as provided in 29
C.F.R. §825.126.
9. “Family member” means a child, parent, or spouse of an
employee.
10. “Gross earnings” means the same as defined in section
85.61.
11. “Health care provider” means a physician or other
health care practitioner licensed, accredited, registered, or
certified to perform specified health care services consistent
with state law.
12. “In loco parentis” means an individual who has
day-to-day responsibilities to care for or financially support
a child.
13. “Inpatient care” means an overnight stay in a hospital,
hospice, or residential medical care facility, including any
period of incapacity, or any subsequent treatment in connection
with such inpatient care.
14. “Medical leave” means a leave from work taken by an
employee made necessary by the employee’s own serious health
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condition.
15. “Parent” means a biological, adoptive, step, or foster
father or mother, or any other individual who stands in
loco parentis to an employee or who stood in loco parentis
when the employee was a child. “Parent” does not include a
parent-in-law.
16. “Period of incapacity” means an inability to work,
attend school, or perform other regular daily activities due
to a serious health condition, treatment of a serious health
condition, or recovery from a serious health condition.
17. “Premium” or “premiums” means the payments required by
section 96A.12 and paid to the department for deposit in the
family and medical leave insurance account pursuant to section
96A.22.
18. “Public employer” means the state of Iowa, its
boards, commissions, agencies, departments, and its political
subdivisions including school districts and other special
purpose districts.
19. “Serious health condition” means an illness, injury,
impairment, physical condition, or mental condition that
involves inpatient care in a hospital, hospice, medical care
facility, or continued treatment or continuing supervision by
a health care provider.
20. “Spendable weekly earnings” means the amount remaining
after payroll taxes are deducted from an employee’s gross
weekly earnings.
21. “Spouse” means the person with whom an individual has
entered into marriage as defined or recognized under state law
for purposes of marriage in the state in which the marriage
was entered into or, in the case of a marriage entered into
outside of any state, if the marriage is valid in the place
where the marriage was entered into and the marriage could have
been entered into in at least one state, including a same sex
or common law marriage.
22. “Wages” means the same as defined in section 91A.2.
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Sec. 33. NEW SECTION . 96A.3 Benefit eligibility.
An employee is eligible for family leave and medical leave
as provided in this chapter after working for a covered
employer for both a minimum of twelve consecutive months
immediately preceding the employee’s request for leave and a
minimum of one thousand two hundred fifty hours during that
twelve-consecutive-month period.
Sec. 34. NEW SECTION . 96A.4 Leave entitlement for a defined
twelve-month period.
1. An employee is entitled to a maximum of twelve weeks
of family leave during a defined period of twelve consecutive
months.
2. An employee is entitled to a maximum of twelve weeks of
medical leave during a defined period of twelve consecutive
months unless the employee experiences a serious health
condition, which is pregnancy-related, that results in a longer
period of incapacity in which case any extended medical leave
beyond twelve weeks shall conform with section 216.6.
3. An employee is entitled to a maximum combined total of
paid family leave and medical leave of sixteen weeks during a
defined period of twelve consecutive months.
4. An employee is not entitled to family leave or medical
leave of less than eight consecutive hours.
Sec. 35. NEW SECTION . 96A.5 Calculating the defined
twelve-month period.
The defined period of twelve consecutive months for
calculation of an eligible employee’s family leave or medical
leave entitlement begins on any of the following:
1. The date of birth of an employee’s child or the date
of placement of a child for adoption or foster care with the
employee.
2. The first day of family leave that an employee takes for
a family member’s serious health condition or a family member’s
qualifying exigency.
3. The first day of medical leave.
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Sec. 36. NEW SECTION . 96A.6 Disqualification from leave
entitlement.
An eligible employee is disqualified for family leave or
medical leave benefits under this chapter for any of the
following:
1. An absence due to the employee’s willful intention to
injure or cause a sickness to the employee or to the employee’s
family member.
2. An injury or sickness caused by the employee engaging in
an illegal act.
3. The employee’s absence due to an employer taking any
disciplinary action against the employee.
Sec. 37. NEW SECTION . 96A.7 Employee notice to employer
of intent to take leave.
1. If leave for the birth of a child or placement of a child
for adoption or foster care with an employee is foreseeable,
the employee shall provide written notice not less than thirty
calendar days before the date the leave is to begin.
2. If the birth of a child or placement of a child for
adoption or foster care with an employee requires leave to
begin in less than thirty calendar days, the employee shall
provide written notice as far in advance as is practicable.
3. If leave for a family member’s serious health condition
or an employee’s serious health condition is foreseeable based
on planned medical treatment, the employee shall do all of the
following:
a. Make a reasonable effort to schedule such medical
treatment, subject to the recommendation of the employee’s or
family member’s health care provider as appropriate, to not
unduly disrupt the operations of the employer.
b. Provide the employer with not less than thirty calendar
days prior written notice of the employee’s intention to take
leave for a family member’s serious health condition or the
employee’s serious health condition.
4. If leave for a family member’s serious health condition
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or an employee’s serious health condition is not foreseeable,
the employee shall provide written notice as far in advance as
is practicable.
Sec. 38. NEW SECTION . 96A.8 Weekly claim, certification,
and verification.
Beginning January 1, 2025, family leave or medical leave
insurance benefits are payable to an employee during a period
in which the employee is unable to perform the employee’s
regular or customary work because the employee is on family
leave or medical leave if the employee meets all of the
following requirements:
1. The employee files a weekly claim for benefits with the
department as required per rules adopted by the director.
2. The employee meets the eligibility requirements pursuant
to section 96A.3 or the elective coverage requirements pursuant
to section 96A.14.
3. The employee consents to the disclosure of information or
records that may be deemed private or confidential under state
or federal law. Disclosure of such information and records by
another state agency or an employer to the department shall
be solely for purposes related to the administration of this
chapter. Information and records disclosed by an employee
under this chapter shall not be public records as defined in
section 22.1.
4. The employee authorizes the health care provider of the
employee’s family member or of the employee, as applicable, to
complete a certification of a serious health condition in a
form as required by the director.
5. The employee attests that written notice has been
provided to the employee’s employer per section 96A.7.
6. The employee provides documentation of a family member’s
qualifying exigency if requested by the employee’s employer.
Sec. 39. NEW SECTION . 96A.9 Waiting period for leave
benefits.
Family leave or medical leave insurance benefits shall be
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payable to an eligible employee following a waiting period
consisting of the first seven calendar days of leave. However,
no such waiting period applies to a leave for the birth or
placement of a child with an eligible employee.
Sec. 40. NEW SECTION . 96A.10 Weekly leave benefit amount.
1. The basis for the calculation of a leave benefit amount
shall be the weekly earnings of an eligible employee on the
day the leave is granted. “Weekly earnings” means the gross
earnings of an employee to which such employee would have been
entitled had the employee worked the employee’s customary hours
for the full pay period in which the employee is on family
leave or medical leave. Weekly earnings shall be computed as
follows, rounded to the nearest dollar, for an employee who is
paid on the following basis:
a. On a weekly pay period basis, the weekly earnings are the
weekly gross earnings.
b. On a biweekly pay period basis, the weekly earnings are
one-half of the biweekly gross earnings.
c. On a semimonthly pay period basis, the weekly earnings
are the semimonthly gross earnings multiplied by twenty-four
and then divided by fifty-two.
d. On a monthly pay period basis, the weekly earnings
are the monthly gross earnings multiplied by twelve and then
divided by fifty-two.
e. On a yearly pay period basis, the weekly earnings shall
be the yearly earnings divided by fifty-two.
f. On a daily or hourly basis, or by the output of an
employee, the weekly earnings shall be computed by dividing by
thirteen the earnings, including shift differential pay but
not including overtime or premium pay, of the employee earned
in the last completed period of thirteen consecutive calendar
weeks immediately preceding the start day of the leave. If
the employee was absent from employment for personal reasons
during part of the thirteen calendar weeks preceding the
leave, the employee’s weekly earnings shall be the amount the
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employee would have earned had the employee worked when work
was available to other employees of the employer in a similar
occupation. A week that does not fairly reflect the employee’s
customary earnings shall be replaced by the closest previous
week with earnings that fairly represent the employee’s
customary earnings.
2. If on the date that leave begins an employee’s hourly
earnings cannot be ascertained, the earnings for the purpose
of calculating the benefit amount shall be the usual earnings
for similar services where such services are rendered by paid
employees.
3. If an employee earns either no wages or less than the
usual weekly earnings of a regular full-time adult laborer
in the line of work in which the employee is working in
that locality, the weekly earnings shall be one-fiftieth of
the total earnings which the employee has earned from all
employment during the twelve consecutive calendar months
immediately preceding the date that the employee’s leave
begins.
4. The weekly leave benefit amount payable to an employee
for any one week shall be eighty percent of the employee’s
spendable weekly earnings, but shall not exceed an amount equal
to two hundred percent of the statewide average weekly wage
paid to employees as determined by the department pursuant to
section 96.19 and in effect on the date that the employee’s
leave commences. However, the weekly leave benefit amount
shall be a minimum equal to the lesser of the weekly leave
benefit amount of a person whose gross weekly earnings are
thirty-five percent of the statewide average weekly wage, or to
the spendable weekly earnings of the employee.
Sec. 41. NEW SECTION . 96A.11 Payment of benefits to an
eligible employee.
1. The department shall send the first benefit payment to
an employee within ten calendar days after the first properly
completed weekly claim from the employee is received by
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the department. Subsequent payments shall be sent at least
biweekly to an eligible employee if a properly completed weekly
claim from the employee is received by the department.
2. If an employer contests an employee’s initial claim
for family leave or medical leave benefits, the employer must
notify the employee and the department in the manner prescribed
by the director within ten calendar days of the employer’s
receipt of notice from the department of the employee’s filing
of a claim for benefits pursuant to section 96A.21, subsection
3. Failure to timely contest an initial application shall
constitute a waiver of objection to the family leave or medical
leave claim.
3. If the department or the employer contests an employee’s
eligibility for benefits after the employee begins receiving
benefits the employee shall continue to be paid benefits
conditionally for any weeks for which the employee files a
claim for benefits. The employee’s right to retain such
benefit payments shall be conditioned upon the department’s
finding that the employee is eligible for such benefit
payments.
a. At an employee’s request, the department shall hold
conditional benefit payments until the department resolves the
employee’s eligibility status.
b. Payment shall be issued promptly for any withheld benefit
payments if the department determines that an employee is
eligible for benefits.
c. If the department determines that an employee is
ineligible for the conditionally paid benefits, the employee
shall repay the overpayment per rules as adopted by the
director.
Sec. 42. NEW SECTION . 96A.12 Funding the family leave and
medical leave insurance program.
1. Beginning on January 1, 2023, and ending December
31, 2024, the department shall assess for each employee
in employment with a covered employer a premium rate of
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four-tenths of one percent of an employee’s wages based on the
amount of the individual’s wages, subject to subsection 6.
a. The premium rate for family leave benefits shall be equal
to one-third of the total premium rate.
b. The premium rate for medical leave benefits shall be
equal to two-thirds of the total premium rate.
2. For calendar year 2025 and subsequent calendar years the
director shall determine the percentage of paid claims related
to family leave benefits and the percentage of paid claims
related to medical leave benefits and adjust the premium rates
set in subsection 1 by the proportional share of claims paid
for both types of leave.
3. For family leave premiums a covered employer may deduct
up to forty-five percent of the full amount of the required
premiums from the wages of each employee. The remaining
fifty-five percent of the required premiums shall be paid by
the covered employer.
4. For medical leave premiums a covered employer may deduct
up to forty-five percent of the full amount of the required
premiums from the wages of each employee. The remaining
fifty-five percent of the required premiums shall be paid by
the covered employer.
5. A covered employer may elect to pay all or any portion of
the employee’s share of the premiums for family leave benefits
or medical leave benefits or both.
6. The director shall annually set a maximum limit on the
amount of an employee’s wages that are subject to a premium
assessment under this section that is equal to the contribution
and benefit base for the calendar year as determined by the
United States social security administration for purposes of
26 U.S.C. §3121(a).
7. For calendar year 2025 and subsequent calendar years,
the total premium rate shall be based on the family leave and
medical leave insurance account balance ratio as of September
30 of the previous year. The director shall calculate the
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account balance ratio by dividing the balance of the family
leave and medical leave insurance account by the total wages
paid by covered employers. The division shall be carried
to the fourth decimal place with the remaining fraction
disregarded unless it amounts to five hundred thousandths or
more in which case the fourth decimal place shall be rounded
to the next higher digit. If the family leave and medical
leave insurance account balance ratio is any of the following
percentages, the premium shall be the following percentage of
an employee’s wages subject to a premium assessment:
a. If the ratio is zero to nine hundredths of one percent,
the premium shall be six-tenths of one percent.
b. If the ratio is one-tenth of one percent to nineteen
hundredths of one percent, the premium shall be five-tenths of
one percent.
c. If the ratio is two-tenths of one percent to twenty-nine
hundredths of one percent, the premium shall be four-tenths of
one percent.
d. If the ratio is three-tenths of one percent to
thirty-nine hundredths of one percent, the premium shall be
three-tenths of one percent.
e. If the ratio is four-tenths of one percent to forty-nine
hundredths of one percent, the premium shall be two-tenths of
one percent.
f. If the ratio is five-tenths of one percent or greater,
the premium shall be one-tenth of one percent.
8. Beginning January 1, 2025, if the account balance ratio
calculated in subsection 7 is below five hundredths of one
percent, the director shall assess a solvency surcharge at
the lowest rate necessary to provide revenue to pay for the
administrative and benefit costs of family leave and medical
leave insurance for the calendar year. The solvency surcharge
shall be at least one-tenth of one percent and no more than
six-tenths of one percent and shall be added to the total
premium rate assessed to each employee of a covered employer
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for family leave and medical leave benefits.
9. A covered employer shall collect all required premiums
and surcharges from the employer’s employees through payroll
deductions and shall remit the amount collected and the amount
to be paid by the employer to the department as required by
rules adopted by the director.
10. On September 30 of each year the department shall
average the number of employees reported by an employer over
the last four completed calendar quarters to determine the
number of employees employed by the employer for the purpose
of determining if an employer shall be considered a covered
employer for the next calendar year.
Sec. 43. NEW SECTION . 96A.13 Waiver of premium for
out-of-state employee.
1. An employer may file an application with the department
for a conditional waiver of the payment of family leave and
medical leave premiums assessed under section 96A.12 for an
employee who meets all of the following requirements:
a. The employee is physically based outside of the state.
b. The employee is physically working in the state on a
limited or temporary work schedule.
c. The employee is not expected to be physically working
in the state for one thousand two hundred fifty hours or more
during any consecutive twelve-month period.
2. The department shall approve an application that is
signed by both the employee and the employee’s employer
attesting to compliance with the requirements of subsection 1.
3. If the employee physically works in the state for one
thousand two hundred fifty hours or more in any consecutive
twelve-month period, the conditional waiver shall expire and
the employer and employee shall be responsible for all premiums
pursuant to section 96A.12 for the consecutive twelve-month
period in which the employee worked one thousand two hundred
fifty hours or more. Upon submission of the premiums by the
employer to the department, the employee shall be credited for
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the hours worked during that consecutive twelve-month period
and shall be eligible for benefits under this chapter.
Sec. 44. NEW SECTION . 96A.14 Self-employed persons elective
participation in the family leave and medical leave insurance
program.
1. A self-employed person electing to participate in the
family leave and medical leave insurance program shall be
considered either an employer or employee under this chapter as
the context so dictates.
2. For benefits payable beginning January 1, 2025, a
self-employed person may elect to participate in the family
leave and medical leave insurance program under this chapter
if the self-employed person meets all of the following
requirements:
a. The initial participation period for the self-employed
person must be a minimum of three years.
b. Any subsequent period of participation by the
self-employed person must be for a minimum of one year.
c. The self-employed person must participate in both family
leave and medical leave.
d. One hundred percent of all premiums assessed under
section 96A.12 shall be paid by the self-employed person.
3. A self-employed person shall file a written notice of
election of elective coverage with the department in the manner
required by the director.
4. A self-employed person shall be eligible for
family leave and medical leave benefits after working one
thousand two hundred fifty hours in the state during the
twelve-consecutive-month period immediately following the date
of the written notice the self-employed person filed pursuant
to subsection 3.
5. A self-employed person who has elected coverage may
withdraw from coverage within thirty calendar days after the
end of each participation period pursuant to subsection 2,
paragraph “a” or “b” , by filing a written notice of withdrawal
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as required by the director. The withdrawal shall take effect
no sooner than thirty calendar days after the self-employed
person files the notice of withdrawal.
6. If a self-employed person fails to submit the required
premium payments, the department may cancel the person’s
elective coverage. The cancellation shall be effective no
sooner than thirty days from the date of a written notice
from the department to the self-employed person advising the
self-employed person of the impending cancellation of the
self-employed person’s elective coverage. The department shall
collect all due and unpaid premiums from the self-employed
person for the remainder of the participation period pursuant
to subsection 2, paragraph “a” or “b” .
Sec. 45. NEW SECTION . 96A.15 Employment protection.
1. An eligible employee who takes family leave or medical
leave under this chapter is entitled to any of the following on
the employee’s return from leave:
a. To be restored to the same position held by the employee
when the employee’s leave commenced.
b. To be restored to an equivalent position with equivalent
employment benefits, pay, and other terms and conditions of
employment.
2. As a condition of restoration under subsection 1 for an
employee who has taken medical leave, the employer may apply
a uniform policy to the employee that requires an employee to
provide certification from the employee’s health care provider
that the employee is able to resume work.
3. Taking leave under this chapter shall not result in the
loss of any employment benefits accrued by an employee prior to
the date on which the employee’s leave commenced.
4. This section shall not be construed to entitle a restored
employee to any of the following:
a. The accrual of any seniority or employment benefits
during any period of leave.
b. Any right, benefit, or position of employment other than
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any right, benefit, or position of employment to which the
employee would have been entitled had the employee not taken
leave.
5. This section shall not be construed to prohibit an
employer from requiring an employee on leave to report
periodically to the employer on the status and intention of the
employee to return to work.
6. An employer may deny restoration under this section to
a salaried employee who is among the ten percent highest-paid
employees employed by the employer within seventy-five miles
of the facility at which the employee is employed if all of the
following apply:
a. Denial of restoration is necessary to prevent substantial
and grievous economic injury to the operations of the employer.
b. The employer notifies the employee of the intent of the
employer to deny restoration on such basis at the time the
employer determines such basis exists.
c. The employee is on leave and elects not to return
to employment after receiving the employer’s notice of the
employer’s intent not to restore the employee.
7. This section shall not be construed as providing an
employee greater restoration rights than those required under
the federal Family and Medical Leave Act of 1993, as amended.
Sec. 46. NEW SECTION . 96A.16 Maintenance of existing health
benefits.
If required by the federal Family and Medical Leave
Act of 1993, as amended, an employer shall maintain any
existing health benefits of an employee for the duration of
an employee’s leave under this chapter. If the employer and
the employee normally share the cost of such existing health
benefits, the employee shall remain responsible for the
employee’s share of the cost of such.
Sec. 47. NEW SECTION . 96A.17 Employer submission of reports
and maintenance of records.
1. As specified by the director and in the form and at the
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time as required by the director, an employer shall submit
reports and furnish information related to the family leave and
medical leave insurance program to the director.
2. An employer shall maintain at the employer’s primary
place of business a record of employment for each employee from
which any information needed by the department for purposes of
this chapter may be obtained. Such record shall be maintained
for ten years from the date on which an eligible employee
applies for family leave or medical leave under this chapter.
The record shall be open for inspection by the director at all
times. All personnel and employee medical records shall be
maintained by the employer in compliance with all applicable
federal and state laws.
Sec. 48. NEW SECTION . 96A.18 Coordination of family leave
and medical leave with other laws and with employer policies.
1. Family leave or medical leave taken by an employee under
this chapter shall be in addition to any leave available to
an employee as required by applicable state or federal law
for sickness or temporary disability because of pregnancy or
childbirth.
2. Family leave or medical leave taken by an employee under
this chapter shall be taken concurrently with any leave taken
under the federal Family and Medical Leave Act of 1993, as
amended.
3. An employer may allow an employee who has accrued
vacation, sick, or other paid time off to choose to use either
such accrued time or to receive paid family leave or medical
leave insurance benefits under this chapter.
Sec. 49. NEW SECTION . 96A.19 Relationship to other state
and federal benefits.
In any week an employee is eligible to receive benefits under
chapter 85, 85A, 85B, or 96, or any other applicable state or
federal unemployment compensation, workers’ compensation, or
disability insurance laws, the employee is disqualified from
receiving family leave or medical leave insurance benefits
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under this chapter.
Sec. 50. NEW SECTION . 96A.20 Discrimination prohibited.
This chapter shall not be construed to modify or affect any
federal, state, or local law prohibiting discrimination on the
basis of age, race, creed, color, sex, sexual orientation,
gender identity, national origin, religion, disability, or
other protected category.
Sec. 51. NEW SECTION . 96A.21 Department to administer
family leave and medical leave insurance program and conduct
outreach.
1. The director shall establish and administer the family
leave and medical leave insurance program and disburse family
leave and medical leave benefits to an eligible employee as
specified in this chapter.
2. The director shall establish procedures and forms for
an employee to file an application for benefits under this
chapter.
3. The department shall notify an employer within five
business days of an employee filing a claim for family leave or
medical leave insurance benefits.
4. Information and records pertaining to an employee under
this chapter that are maintained by the department shall
be confidential and shall only be available to department
personnel in the performance of official duties.
5. The director shall develop and implement an outreach
program to ensure that employers and employees are aware of
the family leave and medical leave insurance program and are
aware of the leave benefits available to eligible employees.
Outreach information shall explain in an easy-to-understand
format all of the following:
a. Eligibility requirements.
b. The application process.
c. How weekly benefits are calculated and the minimum and
maximum weekly benefit amount.
d. Restoration rights.
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e. Nondiscrimination rights.
f. Confidentiality.
g. The relationship between employment protection, leave
from employment, wage replacement benefits under this chapter
and other laws, and employer policies.
6. The department shall be authorized to inspect and audit
an employer’s files and records relating to the family leave
and medical leave insurance program under this chapter.
Sec. 52. NEW SECTION . 96A.22 Family leave and medical leave
insurance account.
1. The family leave and medical leave insurance account
is created as a separate account in the state treasury in the
custody of the treasurer of state.
2. The director shall deposit all receipts from premiums
imposed under this chapter into such account. Expenditures
from the account shall be used only for the purposes of the
family leave and medical leave insurance program and only as
authorized by the director.
3. All premiums deposited in the account shall remain in
the account until expended pursuant to the requirements of this
chapter.
Sec. 53. NEW SECTION . 96A.23 Rules.
The director shall adopt rules pursuant to chapter 17A to
administer this chapter.
Sec. 54. NEW SECTION . 96A.24 Enforcement.
The director may take any action under the director’s
authority to enforce compliance with this chapter.
Sec. 55. DIRECTOR ANALYSIS OF FUNDING THE FAMILY LEAVE
AND MEDICAL LEAVE INSURANCE PROGRAM AND REPORT TO THE GENERAL
ASSEMBLY. The director of the department of workforce
development shall conduct an analysis of the family leave
and medical leave insurance program as funded pursuant to
section 96A.12, as enacted in this Act, and of the benefits
paid pursuant to section 96A.10, as enacted in this Act. The
director shall determine if the premium rates and benefit
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levels are appropriate to fully fund and maintain the solvency
of the family leave and medical leave insurance account. The
director shall submit the director’s findings in a report to
the general assembly and the governor no later than January 11,
2021.
Sec. 56. APPLICABILITY.
1. This Act applies to collective bargaining agreements
entered into on or after the effective date of this Act.
2. For an employee hired prior to the effective date of
this Act, paid sick leave required pursuant to chapter 94, as
enacted by this Act, shall begin to accrue on the effective
date of this Act. For an employee hired on or after the
effective date of this Act, paid sick leave required pursuant
to this Act shall begin to accrue on the service employee’s
date of hire.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill provides for paid sick leave and scheduling
procedures for employees and establishes a family leave and
medical leave insurance program.
PAID SICK LEAVE. The bill requires an employer to provide
paid sick leave annually to each employee employed by the
employer. The leave shall accrue at a rate of one hour of leave
for each 56 hours worked by an employee, up to a maximum of 56
hours per calendar year. An employee shall not be entitled to
use more than 56 accrued hours of paid sick leave per year.
Fifty-six unused accrued hours of paid sick leave can be
carried over from one calendar year to the following calendar
year. An employee shall begin to accrue paid sick leave on
the first day of the employee’s employment by an employer. An
employee may use accrued paid sick leave beginning 60 calendar
days after the first day of the employee’s employment by an
employer. An employer shall pay an employee for accrued paid
sick leave at a pay rate equal to the normal hourly wage for
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that employee. However, an employer who employs 15 or less
employees in Iowa may instead provide an employee with unpaid
leave or leave paid at a rate less than the normal hourly wage
for that employee.
The bill defines “employee” as an individual who is employed
in Iowa for compensation by an employer. The bill defines
“employer” as any person that employs employees in Iowa.
The bill provides permitted uses of accrued paid sick leave,
including medical diagnosis, care, or treatment of mental
illness or physical illness, injury, or a health condition
of an employee or the employee’s spouse or child, as well as
additional uses for an employee who is a victim of domestic
abuse or sexual assault.
The bill permits an employer to require advance notice of an
employee’s intent to use accrued paid sick leave and, for leave
of three or more consecutive days, reasonable documentation
that such leave is being taken for the purposes permitted by
the bill.
The bill requires an employer to provide notice to an
employee at the time of hiring of the rights provided by the
bill. An employer may satisfy the requirement by displaying a
poster at the employer’s place of business that contains the
required information.
The bill provides for the reinstatement of unused accrued
paid sick leave if an employee whose employment is terminated
is rehired by the employer within one calendar year.
The bill prohibits an employer from retaliating or in any
other manner discriminating against an employee because the
employee has requested or used paid sick leave or filed a
complaint with the labor commissioner alleging the employer’s
violation of the bill or has cooperated in filing such a
complaint.
The bill permits an employee to file a complaint with the
commissioner alleging a violation of the bill. Upon receipt
of the complaint, the commissioner shall investigate to the
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extent deemed appropriate. If the commissioner determines
that the provisions of the bill have been violated, the
commissioner shall bring an action in district court. The
district court shall have jurisdiction, for cause shown, to
restrain violations of the bill and order appropriate relief,
including payment for accrued paid sick leave used by the
employee or rehiring or reinstatement of the employee to the
former position with back pay.
An employer who violates the prohibition against retaliation
or other discrimination in the bill is subject to a civil
penalty of not more than $500 per violation. An employer who
violates any other provision of the bill is subject to a civil
penalty of not more than $100 per violation. The bill provides
procedures for the imposition, contestation, and collection of
such penalties.
The bill does not prohibit an employer from providing more
paid sick leave than required by the bill, allowing donation of
unused accrued paid sick leave from one employee to another, or
taking disciplinary action against an employee who uses accrued
paid sick leave under the bill for purposes other than those
provided in the bill.
For an employee hired prior to the effective date of the
bill, paid sick leave shall begin to accrue on the effective
date of the bill. For an employee hired on or after the
effective date of the bill, paid sick leave shall begin to
accrue on the employee’s date of hire.
EMPLOYEE SCHEDULING. The bill requires an employer to
provide each employee an initial written work schedule at least
21 days before the first day of the period covered by the work
schedule. The bill requires an employer to notify an employee
of any change in the employee’s work schedule before the change
takes effect and provide the employee with a revised written
work schedule reflecting any change within 24 hours of making
the change. The bill prohibits an employer from requiring an
employee to work hours not included in the employee’s initial
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written work schedule without written consent in advance
from the employee. The bill requires an employer to provide
an employee with a written work schedule for the employee’s
first 21 days of employment on or before the first day of the
employee’s employment.
The bill requires an employer to post a written schedule
that includes the shifts of each current employee at a worksite
at least 21 days before the start of each work week and to
update the posted schedule within 24 hours of any change to the
schedule. The bill requires an employer to begin an employee’s
work week on the same day of each week, unless the employer
provides written notice of a change in the start day of the
work week 21 days in advance.
The bill prohibits an employer from requiring an employee to
seek or find a replacement employee for any shifts or hours an
employee is unable to work.
The bill permits an employee to request a change in work
schedule, request to limit the employee’s availability to
work particular hours, or otherwise provide input into the
employee’s work schedule.
The bill permits an employee to submit a written request
to an employer for a flexible working arrangement at any
time. The bill defines “flexible working arrangement” as a
change in an employee’s terms and conditions of employment
with respect to work schedule, including but not limited to a
modified work schedule; changes in start or end times in a work
schedule or work shift; a predictable, stable work schedule;
part-time employment; job sharing arrangements; working from
home; telecommuting; limitations on the employee’s availability
to work; changes in the location of the employee’s worksite;
reduction or change in work duties; or part-year employment.
The bill requires an employer to consider an employee’s
request for a flexible working arrangement in good faith and
engage in an interactive process with the employee to determine
whether the request can be granted in a manner consistent with
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the employer’s business operations and legal or contractual
obligations. The bill requires the employer to initiate the
interactive process within two days of receiving the request.
The bill permits an employer to request additional information
from the employee regarding the request.
The bill requires the employer to notify the employee
in writing of the employer’s decision regarding a flexible
working arrangement within two days of the employer’s last
communication with the employee during the interactive process.
The bill requires an employer to grant an employee a flexible
working arrangement if the employee requests a flexible working
arrangement for one of several reasons set out in the bill
relating to medical conditions, caregiver responsibilities,
training, and part-time employment and provides documentation
of the reason to the employer.
The bill permits an employer to make certain changes set out
in the bill to an employee’s shift if the employer pays the
affected employee one hour of predictability pay in addition
to wages earned for each affected shift. The bill requires
an employer to pay the employee the lesser of four hours of
predictability pay or predictability pay equal to the number
of hours originally scheduled for a shift minus the number of
hours, if any, the employee actually worked for the shift, if
the employer cancels an employee’s shift or reduces the hours
in an employee’s shift without notifying the employee at least
24 hours before the shift would otherwise begin.
The bill specifies that predictability pay shall be
calculated on an hourly basis, shall be equal to an employee’s
regular wage rate, shall be in addition to any wages earned
for work performed by the employee during a shift, and shall
be paid in the same pay period in which it is accrued by the
employee. Predictability pay is not required for a schedule
change resulting from an employee’s request or a mutually
agreed upon shift trade among employees. The bill defines
predictability pay as part of an employee’s wages for purposes
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of Code chapter 91A, the Iowa wage payment collection law.
The requirements of the bill relating to advance notice
of work schedules, flexible working arrangements, and
predictability pay do not apply to an employer when that
employer’s operations are suspended for one of certain reasons
set out in the bill.
The bill permits an employee to decline to work any hours
that begin sooner than 11 hours after the end of the employee’s
previous shift.
The bill requires an employer who has additional hours
of work available in positions held by current employees to
offer such hours to current qualified employees before hiring
new employees or contractors, including the use of temporary
services or staffing agencies.
The bill prohibits an employer from engaging in various
discriminatory actions based on the number of hours an employee
is scheduled to work. The bill prohibits an employer from
paying a different regular rate of pay, condition eligibility
for leave or time off differently, or condition eligibility for
raises or promotions differently for similar employees based on
the number of hours they are scheduled to work.
The bill prohibits an employer from discharging or taking
any other adverse action against an employee in retaliation
for asserting any claim or right under the bill, for assisting
another employee in doing so, or for informing another employee
about their rights under the bill. The bill specifies that an
employer taking any adverse action against an employee within
one year of the employee’s engaging in such activities raises
a rebuttable presumption that such action was retaliatory
in nature. Such presumption may be rebutted by clear and
convincing evidence that such action was taken for other
permissible reasons.
In addition to any other remedy provided by law, an employee
may bring a civil action against an employer for a violation of
the bill in any court of competent jurisdiction for an amount
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equal to three times any damages incurred by the employee. The
employee may also recover court costs and attorney fees and
receive injunctive and other appropriate relief as the court
may order.
The bill provides powers and duties for the labor
commissioner relating to the administration and enforcement
of the bill, including holding hearings, conducting
investigations, settling complaints, employing qualified
personnel, and adopting rules.
The bill provides complaint, investigation, enforcement, and
settlement processes for violations of the bill. An employer
who violates the bill is subject to a civil penalty of not
more than $500 per pay period for each violation. The bill
provides administrative and judicial processes for imposing and
recovering such penalties.
The bill shall not be construed to discourage or prohibit
an employer from the adoption or retention of a policy that
meets or exceeds but does not otherwise conflict with the
minimum standards and requirements provided in the bill. If
any provision of the bill conflicts with a provision of an
applicable collective bargaining agreement, the provision of
the collective bargaining agreement shall govern.
FAMILY LEAVE AND MEDICAL LEAVE INSURANCE. The bill
establishes a family leave and medical leave insurance program
(program), administered by the director of the department of
workforce development, that provides for paid, job-protected
leave for certain family leave and medical leave reasons for
eligible employees of specified employers.
An employee is eligible for family leave and medical leave
after working for a covered employer, as defined in the bill,
for a minimum of 12 consecutive months and a minimum of 1,250
hours during the 12 consecutive-month period immediately
preceding the employee’s request for leave. Family leave and
medical leave are defined in the bill. Family leave includes
leave to care for an immediate family member with a serious
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health condition, to bond with a newborn child or adopted or
foster child, or for a qualifying exigency for a family member
as permitted under the federal Family and Medical Leave Act of
1993, as amended (FMLA). Medical leave includes leave due to
the employee’s own serious health condition. Serious health
condition is defined in the bill.
The bill provides that an eligible employee may not receive
more than 12 weeks of family leave, 12 weeks of medical leave,
or 16 weeks of combined family and medical leave in a defined
consecutive 12-month period. The defined consecutive 12-month
period begins on the date of the birth of a child or placement
of a child for adoption or foster care with an eligible
employee, or on the first date that an eligible employee takes
either family leave or medical leave. The minimum duration of
leave an eligible employee may take is eight consecutive hours.
An employee is disqualified for family leave and medical
leave benefits for an absence due to the employee purposefully
causing injury or sickness to the employee or a family member,
for an absence caused by an illness or injury due to the
employee engaging in an illegal act, or an absence due to an
employer taking disciplinary action against the employee.
An employee must provide a minimum of 30 days notice to an
employer of the employee’s intent to take leave for the birth
of a child or placement of a child for adoption or foster care,
or of the employee’s intent to take family leave or medical
leave. If circumstances require an employee’s leave to begin
in less than 30 days, the employee must give as much notice as
is practicable. If an eligible employee requests medical leave
or family leave, the employee must make a reasonable effort to
schedule their own, or their family member’s medical treatment,
to not unduly disrupt the employer’s operations.
The bill requires an eligible employee to file a claim
for benefits as required by the director. The employee
must consent to the disclosure of potentially private or
confidential information to and from the department, and the
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employee’s employer, for administration of the family leave
or medical leave. The bill specifies that such information
is not a public record pursuant to Code section 22.1. The
employee must attest that the employee has provided notice of
the employee’s intent to take leave to the employee’s employer.
The employee must also authorize the employee’s, or the
employee’s family member’s health care provider, to complete
a certification of a serious health condition as required by
the director.
The bill provides for a seven-day waiting period before
benefits are payable. There is no waiting period for benefits
for leave for the birth of a child or placement of a child for
adoption or foster care.
The basis for the calculation of the amount of a family
leave or medical leave benefit is an eligible employee’s weekly
earnings as defined in the bill. The weekly leave benefit
amount payable to an employee for any one week is 80 percent
of the employee’s weekly spendable earnings, but must not
exceed an amount equal to 200 percent of the statewide average
weekly wage paid to employees as determined by the department
of workforce development. The minimum weekly leave benefit
amount is equal to the weekly leave benefit amount of a person
whose gross weekly earnings are 35 percent of the statewide
average weekly wage, or to the spendable weekly earnings of the
employee, whichever is less. “Spendable weekly earnings” is
defined in the bill as the amount remaining after payroll taxes
are deducted from an employee’s gross weekly earnings.
The department must send the first benefit payment to an
eligible employee within 10 days after a properly completed
weekly claim for benefits is received by the department. If
the employee continues to submit a properly completed weekly
claim, subsequent payments are to be made to the employee at
least biweekly. If an employer, or the department, contests
an employee’s eligibility, benefit payments may be made on
a conditional basis. The employee is required to pay the
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benefits back if the department later rules that the employee
is ineligible to receive such benefits.
The bill provides that the program shall be funded via
employee and employer contributions. Beginning on January 1,
2023, and ending on December 31, 2024, the department must
assess a covered employer a premium rate of four-tenths of one
percent of an employee’s weekly wages, subject to a maximum
limit of wages subject to the assessment, as determined by
the director based on the maximum wages subject to taxation
for social security. One-third of the premium is to be used
to fund family leave insurance benefits and two-thirds of the
premium is to be used to fund medical leave benefits. The
covered employer may deduct the full amount of the family leave
premium from an employee’s wage. A covered employer may deduct
up to 45 percent of the medical leave premium and 45 percent of
the family leave premium from an employee’s wage. The employer
must pay the remaining 55 percent of both the medical leave and
family leave premiums, and may elect to pay all or any portion
of an employee’s share of such premiums. Beginning January
1, 2025, the premium rate shall be calculated by the director
based on the family leave and medical leave insurance account
balance ratio as of September 30 of the previous calendar year.
The premium rate is adjusted based on the balance ratio as
detailed in the bill. If the balance ratio falls below five
hundredths of one percent, the bill requires the director to
assess a solvency surcharge that is added to the total premium
rate assessed to a covered employer. The minimum solvency
surcharge is one-tenth of one percent and the maximum is
six-tenths of one percent.
On September 30 of each year, the bill requires the
department to average the number of employees reported by an
employer over the last four completed calendar quarters to
determine if the employer is a covered employer for the next
calendar year.
The bill requires a covered employer to collect all assessed
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premiums and surcharges from the employer’s employees through
payroll deduction and to remit all premiums to the department
as required by the director.
An employer may apply for, and the director must grant, a
waiver of premiums for an employee who is located physically
outside of the state and not expected to work in the state for
1,250 or more hours in any consecutive 12-month period. If
the employee subsequently works 1,250 or more hours within
the state, the employer and employee are responsible for all
premiums that should have been collected.
Self-employed persons may elect to participate in the
program for a minimum initial participation period of three
years. Any subsequent period of participation must be for
a minimum of one year. A self-employed person must pay
the employee and employer’s portion of the premium assessed
by the director. A self-employed person who elects to
participate in the program is eligible for family leave and
medical leave benefits after working a minimum of 1,250 hours
in the consecutive 12-month period immediately following
the person’s election to participate in the program. The
self-employed person may withdraw from the program by providing
written notice to the director. The director may cancel the
self-employed person’s elective coverage for failure to submit
the required premiums.
An eligible employee who takes family leave or medical leave
is entitled to restoration of employment equal to but not
greater than that provided by FMLA. The bill provides that if
required under FMLA, an employer must maintain any existing
health benefits during an employee’s leave. If the employer
and employee normally share the cost of such, the employee is
responsible for paying the employee’s share of the costs.
A covered employer must submit reports as required by the
director and maintain employment records for each employee
from which the director may obtain information related to an
employee’s family leave or medical leave. Such records must
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be maintained for 10 years from the date on which an employee
first takes a family leave or medical leave.
The bill provides that family leave or medical leave shall
be in addition to leave required under state or federal law
for sickness or temporary disability due to pregnancy or
childbirth. The bill requires family leave or medical leave
taken under this program to be taken concurrently with leave
taken under FMLA. A covered employer may allow an employee
to choose to use either accrued sick or vacation benefits, or
family leave and medical leave benefits. An employee cannot
receive family or medical leave benefits at the same time the
employee is receiving state or federal unemployment, workers’
compensation, or disability benefits. The bill prohibits
discrimination on the basis of any state or federally protected
category.
The bill requires the director to administer the program and
to provide outreach to ensure that employers and employees are
aware of the program and the benefits available under such.
The bill provides that a family leave and medical leave
insurance account shall be created in the custody of the
treasurer of state. The director shall deposit all premiums
collected from employers into such account and the account can
only be used for the program as authorized by the director.
The bill requires the director to adopt rules to administer
the provisions of the bill. The director may take any action
under the director’s authority to enforce compliance with the
bill.
The director is required to analyze the funding of the
program and the benefits payable from the program’s account.
The director shall determine if the premium rates and the
benefit levels are appropriate to fully fund and maintain the
solvency of the program. The director must submit the findings
to the general assembly and the governor no later than January
11, 2021.
APPLICABILITY PROVISIONS. The bill applies to collective
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bargaining agreements entered into on or after the effective
date of the bill. For an employee hired prior to the effective
date of the bill, paid sick leave required pursuant to the bill
shall begin to accrue on the effective date of the bill. For an
employee hired on or after the effective date of the bill, paid
sick leave required pursuant to the bill shall begin to accrue
on the service employee’s date of hire.
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