Bill Text: IA HF2246 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act requiring minimum paid sick and safe time for employees, providing a penalty, and including applicability provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-15 - Subcommittee, Forristall, Hunter, and Watts. H.J. 225. [HF2246 Detail]

Download: Iowa-2015-HF2246-Introduced.html
House File 2246 - Introduced




                                 HOUSE FILE       
                                 BY  ANDERSON

                                      A BILL FOR

  1 An Act requiring minimum paid sick and safe time for employees,
  2    providing a penalty, and including applicability provisions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5493HH (5) 86
    je/nh

PAG LIN



  1  1    Section 1.  NEW SECTION.  91F.1  Title.
  1  2    This chapter shall be known and may be cited as the "Healthy
  1  3 and Safe Family and Workplace Act".
  1  4    Sec. 2.  NEW SECTION.  91F.2  Public policy.
  1  5    It is the public policy of this state to protect public
  1  6 health and safety and to promote the general welfare of its
  1  7 citizens. To accomplish this, the state supports employers'
  1  8 efforts to encourage employees to work when they are healthy
  1  9 and protects the basic workplace rights of workers to safeguard
  1 10 public health by remaining home when they are ill.
  1 11    Sec. 3.  NEW SECTION.  91F.3  Definitions.
  1 12    1.  "Commissioner" means the labor commissioner appointed
  1 13 pursuant to section 91.2, or the commissioner's designee.
  1 14    2.  "Domestic abuse" includes domestic abuse as defined in
  1 15 section 236.2 and domestic abuse assault as defined in section
  1 16 708.2A.
  1 17    3.  "Employee" means an employee as defined in the federal
  1 18 Fair Labor Standards Act of 1938, 29 U.S.C. {201 et seq., as
  1 19 amended, who is employed in this state for compensation.
  1 20    4.  "Employer" means any person who employs an employee for
  1 21 compensation in this state.
  1 22    5.  "Family member" means any individual related to an
  1 23 employee by consanguinity or affinity including the following:
  1 24    a.  An employee's spouse or domestic partner.
  1 25    b.  A child or foster child; stepchild; legal ward; a child
  1 26 of a domestic partner; or a child to whom the employee stands
  1 27 in loco parentis.
  1 28    c.  A parent or foster parent; stepparent; legal guardian;
  1 29 or a person who stood in loco parentis to the employee when the
  1 30 employee was a minor child.
  1 31    d.  A grandparent or spouse or domestic partner of a
  1 32 grandparent.
  1 33    e.  A grandchild, foster grandchild, or stepgrandchild.
  1 34    f.  A sibling or foster sibling; stepsibling; or spouse or
  1 35 domestic partner of a sibling, foster sibling, or stepsibling.
  2  1    g.  Any other individual related to the employee by
  2  2 consanguinity or affinity or whose close association with the
  2  3 employee is the equivalent of a familial relationship.
  2  4    6.  "Health care professional" means the same as defined in
  2  5 section 135.157.
  2  6    7.  "Retaliatory personnel action" means discharge,
  2  7 suspension, demotion, unfavorable reassignment, refusal to
  2  8 promote, disciplinary action, or any other adverse action taken
  2  9 by an employer against an employee.
  2 10    8.  "Sexual abuse" includes sexual abuse as defined in
  2 11 section 709.1 and incest pursuant to section 726.2.
  2 12    9.  "Sick and safe time" means time that is compensated at
  2 13 the same hourly rate and with the same benefits, including
  2 14 health care benefits, as the employee normally earns during
  2 15 hours worked and is provided by an employer to an employee for
  2 16 the purposes described in section 91F.5. In no instance shall
  2 17 the hourly wage be less than that provided in section 91D.1.
  2 18    10.  "Stalking" means the same as described in section
  2 19 708.11.
  2 20    Sec. 4.  NEW SECTION.  91F.4  Accrual ==== sick and safe time.
  2 21    1.  An employee shall have the right to accrue and use sick
  2 22 and safe time as provided in this chapter.
  2 23    2.  a.  For the first forty hours worked each work week, an
  2 24 employee shall accrue sick and safe time equal to at least four
  2 25 percent of the hours worked in that work week.
  2 26    b.  An employee shall not accrue more than eighty=three hours
  2 27 of sick and safe time in a calendar year, unless the employer
  2 28 selects a higher limit.
  2 29    3.  Employees who are exempt from overtime requirements
  2 30 under section 13(a)(1) of the federal Fair Labor Standards Act
  2 31 of 1938, 29 U.S.C. {213(a)(1), are deemed to work forty hours
  2 32 in each work week for purposes of sick and safe time accrual
  2 33 unless their normal work week is less than forty hours, in
  2 34 which case sick and safe time accrues based upon that normal
  2 35 work week.
  3  1    4.  Sick and safe time as provided in this section shall
  3  2 begin to accrue upon the commencement of employment for new
  3  3 employees hired on or after January 1, 2017, and for existing
  3  4 employees beginning January 1, 2017.
  3  5    5.  An employee may use accrued sick and safe time beginning
  3  6 on the thirtieth calendar day following commencement of the
  3  7 employee's employment. On and after the thirtieth calendar day
  3  8 of employment, an employee may use sick and safe time as it
  3  9 accrues.
  3 10    6.  Accrued sick and safe time shall be carried over for one
  3 11 calendar year or fiscal year, whichever the employer designates
  3 12 as a work year, subject to the limit described in subsection
  3 13 2, paragraph "b".
  3 14    7.  An employer with a leave policy that makes available an
  3 15 amount of leave sufficient to meet the accrual requirements of
  3 16 this section that may be used for the same purposes and under
  3 17 the same conditions as sick and safe time under this chapter is
  3 18 not required to provide additional sick and safe time beyond
  3 19 the existing leave policy.
  3 20    8.  Nothing in this section shall be construed as requiring
  3 21 financial or other reimbursement to an employee from an
  3 22 employer upon the employee's termination, resignation,
  3 23 retirement, or other separation from employment for accrued
  3 24 sick and safe time that has not been used.
  3 25    9.  a.  If an employee is transferred to a separate division,
  3 26 entity, or location, but remains employed by the same employer,
  3 27 the employee is entitled to all sick and safe time previously
  3 28 accrued, is entitled to use all accrued sick and safe time as
  3 29 provided in this chapter, and shall continue to accrue sick and
  3 30 safe time at the same rate or higher as before the transfer.
  3 31    b.  When there is a separation from employment and the
  3 32 employee is rehired within six months of the separation by
  3 33 the same employer, previously accrued sick and safe time not
  3 34 used prior to the date of separation shall be reinstated. The
  3 35 employee may use such accrued sick and safe time upon rehire,
  4  1 and sick and safe time shall begin to accrue upon rehire.
  4  2    10.  At the employer's discretion, the employer may advance
  4  3 sick and safe time to an employee ahead of accrual of such time
  4  4 by the employee.
  4  5    Sec. 5.  NEW SECTION.  91F.5  Use of sick and safe time ====
  4  6 purposes ==== procedures.
  4  7    1.  Sick and safe time shall be provided to an employee by an
  4  8 employer for the following purposes:
  4  9    a.  An employee's mental or physical illness, injury, or
  4 10 health condition; an employee's need for medical diagnosis,
  4 11 care, or treatment of a mental or physical illness, injury,
  4 12 or health condition; an employee's need for preventive mental
  4 13 health or medical care.
  4 14    b.  An employee's need to care for a family member with a
  4 15 mental or physical illness, injury, or health condition; an
  4 16 employee's need to care for a family member who needs medical
  4 17 diagnosis, care, or treatment of a mental or physical illness,
  4 18 injury, or health condition; an employee's need to care for a
  4 19 family member who needs preventive mental health or medical
  4 20 care.
  4 21    c.  (1)  Closure of the employee's place of work by order of
  4 22 a public official due to a public health emergency.
  4 23    (2)  An employee's need to care for a family member whose
  4 24 school or place of care has been closed by order of a public
  4 25 official due to a public health emergency.
  4 26    (3)  An employee's need to care for a family member when
  4 27 public health authorities or a health care professional has
  4 28 determined that the family member's presence in the community
  4 29 jeopardizes the health of others because of the family member's
  4 30 exposure to communicable disease, whether or not the family
  4 31 member has actually contracted the communicable disease.
  4 32    d.  An employee's need to be absent from work due to being
  4 33 a victim of domestic abuse, sexual abuse, or stalking, or the
  4 34 surviving family member of a murder victim, provided the leave
  4 35 from work is to do one or more of the following:
  5  1    (1)  Seek medical attention for the employee or family member
  5  2 to recover from physical or psychological injury or disability
  5  3 caused by being a victim of domestic abuse, sexual abuse, or
  5  4 stalking, or the surviving family member of a murder victim.
  5  5    (2)  Obtain services from a victim services organization.
  5  6    (3)  Obtain counseling from a licensed social worker,
  5  7 marital and family therapist, mental health counselor,
  5  8 psychologist, or psychiatrist.
  5  9    (4)  Seek relocation due to the domestic abuse, sexual abuse,
  5 10 stalking, or murder.
  5 11    (5)  Take legal action, including reporting the crime to law
  5 12 enforcement and preparing for or participating in any civil
  5 13 or criminal legal proceeding related to or resulting from the
  5 14 domestic abuse, sexual abuse, stalking, or murder.
  5 15    e.  An employee's need to attend a school function of the
  5 16 employee's child, foster child, or stepchild. An employee
  5 17 shall use no more than twenty hours of sick and safe time per
  5 18 calendar year or fiscal year, whichever the employer designates
  5 19 as a work year, for this purpose.
  5 20    2.  Sick and safe time shall be allowed upon the written or
  5 21 oral request of an employee. When possible, the employee shall
  5 22 include the expected duration of the employee's absence in the
  5 23 request.
  5 24    3.  When the use of sick and safe time is foreseeable, the
  5 25 employee shall make a good faith effort to provide notice
  5 26 of the need for such time to the employer in advance of the
  5 27 use of the sick and safe time, and the employee shall make a
  5 28 reasonable effort to schedule the use of sick and safe time in
  5 29 a manner that does not unduly disrupt the operations of the
  5 30 employer.
  5 31    4.  Accrued sick and safe time may be used in hourly
  5 32 increments or in the smallest increment that the employer's
  5 33 payroll system uses to account for absences or use of time.
  5 34    5.  a.  For sick and safe time that extends more than
  5 35 three consecutive days, an employer may require reasonable
  6  1 documentation that the sick and safe time is for the purposes
  6  2 described in subsection 1.
  6  3    (1)  Documentation signed by a health care professional
  6  4 indicating that sick time is necessary shall be considered
  6  5 reasonable documentation.
  6  6    (2)  A police report indicating that the employee was a
  6  7 victim of domestic abuse, sexual abuse, or stalking, or the
  6  8 surviving family member of a murder victim; a court order; or a
  6  9 signed statement from a victim and witness advocate affirming
  6 10 that the employee is involved in legal action related to
  6 11 domestic abuse, sexual abuse, stalking, or murder shall be
  6 12 considered reasonable documentation.
  6 13    b.  An employer shall not require that the documentation
  6 14 explain the nature of the health care or legal action that is
  6 15 the reason for the use of sick and safe time or the details of
  6 16 the domestic abuse, sexual abuse, stalking, or murder.
  6 17    c.  If an employer chooses to require documentation from
  6 18 an employee for use of sick and safe time, the employer is
  6 19 responsible for paying any costs charged to the employee by
  6 20 a health care provider or other entity for providing the
  6 21 specific documentation required by the employer.  If the
  6 22 employee has health insurance that covers any portion of the
  6 23 costs of obtaining such documentation, the employer shall only
  6 24 be responsible for paying costs that are not covered by the
  6 25 employee's health insurance.
  6 26    6.  An employer shall not require as a condition of allowing
  6 27 sick and safe time under this chapter that the employee search
  6 28 for or find a replacement worker to cover the hours during
  6 29 which the employee will be using sick and safe time.
  6 30    Sec. 6.  NEW SECTION.  91F.6  Exercise of rights ====
  6 31 retaliation prohibited.
  6 32    1.  An employer or any other person in the workplace shall
  6 33 not interfere with, restrain, or deny the exercise of, or the
  6 34 attempt to exercise, any right protected under this chapter.
  6 35    2.  An employer shall not take retaliatory personnel action
  7  1 or discriminate against an employee because the employee has
  7  2 exercised rights protected under this chapter. Such rights
  7  3 include but are not limited to the following:
  7  4    a.  The right to use sick and safe time pursuant to this
  7  5 chapter.
  7  6    b.  The right to file a complaint or inform any person about
  7  7 any employer's alleged violation of this chapter.
  7  8    c.  The right to cooperate with the commissioner in any
  7  9 investigation of alleged violations of this chapter.
  7 10    d.  The right to inform any person of the person's potential
  7 11 rights under this chapter.
  7 12    3.  An employer's absence control policy shall not count
  7 13 sick and safe time taken pursuant to this chapter as an absence
  7 14 that may lead to or result in discipline, discharge, demotion,
  7 15 suspension, unfavorable reassignment, refusal to promote, or
  7 16 any other adverse action.
  7 17    4.  The protections of this section shall apply to any person
  7 18 who mistakenly but in good faith alleges a violation of this
  7 19 section.
  7 20    5.  There is a rebuttable presumption of retaliation under
  7 21 this section whenever an employer takes adverse action against
  7 22 an employee within ninety days of when that employee has done
  7 23 any of the following:
  7 24    a.  Filed a complaint with the commissioner or a court
  7 25 alleging a violation of any provision of this chapter.
  7 26    b.  Informed any person about an employer's alleged violation
  7 27 of this chapter.
  7 28    c.  Cooperated with the commissioner or others in an
  7 29 investigation or prosecution of any alleged violation of this
  7 30 chapter.
  7 31    d.  Opposed any policy, practice, or act that is unlawful
  7 32 under this chapter.
  7 33    e.  Informed any person of the person's potential rights
  7 34 under this chapter.
  7 35    Sec. 7.  NEW SECTION.  91F.7  Notice and posting.
  8  1    1.  An employer shall give notice to employees of the
  8  2 following:
  8  3    a.  That employees are entitled to sick and safe time.
  8  4    b.  The accrual amounts of sick and safe time.
  8  5    c.  The terms of use of sick and safe time guaranteed under
  8  6 this chapter.
  8  7    d.  The prohibition against retaliation against employees who
  8  8 request or use sick and safe time.
  8  9    e.  Each employee has the right to file a complaint or
  8 10 bring a civil action if sick and safe time as required by
  8 11 this chapter is denied by the employer, or the employee is
  8 12 retaliated against for requesting or taking sick and safe time.
  8 13    2.  a.  An employer may comply with this section by supplying
  8 14 each employee with a notice that contains all the information
  8 15 required in subsection 1.
  8 16    b.  An employer may comply with this section by displaying a
  8 17 poster and other informational materials in a conspicuous and
  8 18 accessible place in each establishment where such employees
  8 19 are employed which contains all the information required in
  8 20 subsection 1.
  8 21    3.  An employer who willfully violates the notice and posting
  8 22 requirements of this section shall be subject to a civil
  8 23 penalty in an amount not to exceed one hundred dollars for each
  8 24 separate offense.
  8 25    Sec. 8.  NEW SECTION.  91F.8  Damages recoverable by an
  8 26 employee.
  8 27    In an action by an employee against the employee's employer
  8 28 or former employer for an alleged violation of this chapter,
  8 29 when it has been shown that the employer intentionally failed
  8 30 to provide or allow the use of sick and safe time to the
  8 31 employee in violation of this chapter, the employer shall be
  8 32 liable to the employee for the monetary value of the owed sick
  8 33 and safe time, plus liquidated damages for failure to allow the
  8 34 employee to use accrued sick and safe time, court costs, and
  8 35 any attorney fees incurred in the civil action.
  9  1    Sec. 9.  NEW SECTION.  91F.9  Employer records.
  9  2    1.  An employer shall retain records documenting hours
  9  3 worked by employees and all leave, including sick and safe
  9  4 time, taken by employees, for a period of five years.
  9  5    2.  An employer shall allow the commissioner access to such
  9  6 records, with notice and at a mutually agreeable time, to
  9  7 monitor compliance with the requirements of this chapter.
  9  8    3.  If an issue arises as to an employee's entitlement to
  9  9 sick and safe time under this chapter and the employer does not
  9 10 maintain or retain adequate records according to this section
  9 11 or does not allow the commissioner access to such records, the
  9 12 commissioner or other investigating authority shall presume
  9 13 that the employer has violated this chapter, absent clear and
  9 14 convincing evidence otherwise.
  9 15    Sec. 10.  NEW SECTION.  91F.10  Enforcement.
  9 16    1.  Upon the written complaint of the employee involved,
  9 17 the commissioner may determine whether to investigate if
  9 18 an employer has violated any provision of this chapter.
  9 19 The commissioner shall keep confidential, to the extent
  9 20 permitted by applicable law, the name of and other identifying
  9 21 information about the employee reporting the alleged violation.
  9 22 However, the commissioner, with the authorization of the
  9 23 complaining employee, may disclose the employee's name and
  9 24 other information as necessary to enforce this chapter or for
  9 25 other appropriate purposes.
  9 26    2.  If for any reason the commissioner makes a determination
  9 27 not to investigate, the commissioner shall notify the
  9 28 complaining employee within fourteen days of receipt of
  9 29 the complaint. The commissioner shall otherwise notify
  9 30 the employee of the determination to investigate within
  9 31 a reasonable time. If it is determined that there is an
  9 32 enforceable claim, the commissioner, with the consent of the
  9 33 complaining employee and with the assistance of the office
  9 34 of the attorney general if the commissioner requests such
  9 35 assistance, shall, unless a settlement is reached, commence a
 10  1 civil action in any court of competent jurisdiction to recover
 10  2 for the benefit of any employee any sick and safe time claims
 10  3 that have been assigned to the commissioner for recovery.
 10  4 The commissioner may also request reasonable and necessary
 10  5 attorney fees. With the consent of the assigning employee, the
 10  6 commissioner may also settle a claim on behalf of the assigning
 10  7 employee.
 10  8    3.  Proceedings under this section that precede commencement
 10  9 of a civil action shall be conducted informally without any
 10 10 party having a right to be heard before the commissioner. The
 10 11 commissioner may join various assignments in one claim for the
 10 12 purpose of settling or litigating the assignees' claims.
 10 13    4.  The provisions of subsections 1 and 2 shall not be
 10 14 construed to prevent an employee from settling or bringing an
 10 15 action for damages under section 91F.8 if the employee has not
 10 16 assigned the claim under subsection 2.
 10 17    5.  Any recovery of attorney fees, in the case of actions
 10 18 brought under this section by the commissioner, shall be
 10 19 remitted by the commissioner to the treasurer of state for
 10 20 deposit in the general fund of the state. The commissioner is
 10 21 not required to pay any filing fee or other court costs.
 10 22    Sec. 11.  NEW SECTION.  91F.11  Confidentiality and
 10 23 nondisclosure.
 10 24    1.  An employer shall not require disclosure of details
 10 25 relating to domestic abuse, sexual abuse, stalking, or murder,
 10 26 or of the details of an employee's medical condition or that of
 10 27 a family member as a condition of allowing sick and safe time
 10 28 under this chapter.
 10 29    2.  If an employer possesses health information or
 10 30 information pertaining to domestic abuse, sexual abuse,
 10 31 stalking, or murder about an employee or an employee's family
 10 32 member, such information shall be treated as confidential and
 10 33 not disclosed except to the affected employee or with the
 10 34 written permission of the affected employee.
 10 35    Sec. 12.  NEW SECTION.  91F.12  Other sick and safe time
 11  1 policies ==== legal requirements.
 11  2    1.  Nothing in this chapter shall be construed to discourage
 11  3 or prohibit an employer from the adoption or retention of
 11  4 a sick and safe time policy that is more generous than the
 11  5 minimum requirements of this chapter.
 11  6    2.  Nothing in this chapter shall be construed as diminishing
 11  7 the obligation of an employer to comply with any contract,
 11  8 collective bargaining agreement, employment benefit plan, or
 11  9 other agreement that provides more generous sick and safe time
 11 10 to an employee than the minimum requirements of this chapter.
 11 11    3.  Nothing in this chapter shall be construed as diminishing
 11 12 the rights of public employees regarding sick and safe time or
 11 13 the use of sick and safe time as provided by state law.
 11 14    4.  This chapter provides minimum requirements pertaining
 11 15 to sick and safe time and shall not be construed to preempt,
 11 16 limit, or otherwise affect the applicability of any other law,
 11 17 regulation, requirement, policy, or standard that provides for
 11 18 greater accrual or use by employees of sick and safe time or
 11 19 that extends other protections to employees.
 11 20    Sec. 13.  NEW SECTION.  91F.13  Sick and safe time ==== posting.
 11 21    1.  The commissioner shall create a poster and other
 11 22 informational materials that may be used by an employer for
 11 23 public display. The poster and other informational materials
 11 24 shall contain all the information required in section 91F.7,
 11 25 subsection 1.
 11 26    2.  An employer may apply to the commissioner for
 11 27 authorization to display or distribute the poster and other
 11 28 informational materials created by the commissioner.  The
 11 29 commissioner shall verify that an applicant offers at least
 11 30 the minimum sick and safe time required by this chapter to all
 11 31 employees in each establishment where the poster and other
 11 32 informational materials will be displayed and is in compliance
 11 33 with the requirements of this chapter.  The commissioner shall
 11 34 electronically transmit the poster and other informational
 11 35 materials to any verified applicant.
 12  1    Sec. 14.  NEW SECTION.  91F.14  Rules.
 12  2    The commissioner shall adopt rules pursuant to chapter 17A
 12  3 to administer this chapter.
 12  4    Sec. 15.  Section 84A.5, subsection 4, Code 2016, is amended
 12  5 to read as follows:
 12  6    4.  The division of labor services is responsible for the
 12  7 administration of the laws of this state under chapters 88,
 12  8 88A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 91F, 92,
 12  9 and 94A, and section 85.68. The executive head of the division
 12 10 is the labor commissioner, appointed pursuant to section 91.2.
 12 11    Sec. 16.  Section 91.4, subsection 2, Code 2016, is amended
 12 12 to read as follows:
 12 13    2.  The director of the department of workforce development,
 12 14 in consultation with the labor commissioner, shall, at the
 12 15 time provided by law, make an annual report to the governor
 12 16 setting forth in appropriate form the business and expense of
 12 17 the division of labor services for the preceding year, the
 12 18 number of remedial actions taken under chapter 89A, the number
 12 19 of disputes or violations processed by the division and the
 12 20 disposition of the disputes or violations, and other matters
 12 21 pertaining to the division which are of public interest,
 12 22 together with recommendations for change or amendment of the
 12 23 laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B,
 12 24 90A, 91A, 91C, 91D, 91E, 91F, 92, and 94A, and section 85.68,
 12 25 and the recommendations, if any, shall be transmitted by the
 12 26 governor to the first general assembly in session after the
 12 27 report is filed.
 12 28    Sec. 17.  APPLICABILITY.  Notwithstanding the section of
 12 29 this Act relating to applicability of this Act on or after
 12 30 January 1, 2017, this Act does not apply to employees under a
 12 31 contract or collective bargaining agreement that was in effect
 12 32 before January 1, 2017.
 12 33    Sec. 18.  APPLICABILITY.  This Act applies to all existing
 12 34 employees on and after January 1, 2017, and to all new
 12 35 employees hired on or after that date.
 13  1                           EXPLANATION
 13  2 The inclusion of this explanation does not constitute agreement with
 13  3 the explanation's substance by the members of the general assembly.
 13  4    This bill, entitled the "Healthy and Safe Family and
 13  5 Workplace Act", requires minimum paid sick and safe time for
 13  6 all employees employed in the state in new Code chapter 91F.
 13  7  The bill declares public policy of the state pertaining to the
 13  8 bill.
 13  9    The bill defines "sick and safe time" as time that is
 13 10 compensated at the same hourly rate and with the same benefits,
 13 11 including health care benefits, as the employee normally
 13 12 earns during hours worked and is provided by an employer to
 13 13 an employee for the purposes described in the bill. The bill
 13 14 defines additional terms including "employee", "employer", and
 13 15 "family member".
 13 16    The bill provides that all employees shall have the right to
 13 17 accrue and use sick and safe time. The formula for accruing
 13 18 sick and safe time is contained in the bill, and there are
 13 19 limits for the amount of sick and safe time an employee may
 13 20 accrue per year, unless the employer sets a higher limit.
 13 21    The formula for accruing sick and safe time and the
 13 22 limitations and exceptions are provided in new Code section
 13 23 91F.4. Sick and safe time shall begin to accrue for new
 13 24 employees hired on or after January 1, 2017, on the first
 13 25 day of work and for existing employees on January 1, 2017.
 13 26 Employees may use accrued sick and safe time starting the 30th
 13 27 day of employment. Sick and safe time shall carry over one
 13 28 year, but an employee shall not accrue more than 83 hours of
 13 29 sick and safe time per year.
 13 30    An employer who provides a leave policy that meets the
 13 31 minimum accrual requirements and the same minimum uses and
 13 32 conditions is deemed to be in compliance with the bill. The
 13 33 bill does not require employees to be reimbursed for unused
 13 34 sick and safe time upon separation from employment. However,
 13 35 if an employee is moved or transferred within the company, the
 14  1 employee shall retain and may use all accrued sick and safe
 14  2 time. If there is an employment separation, but an employee
 14  3 is rehired within six months, all accrued sick and safe time
 14  4 shall be reinstated upon rehire and be available for immediate
 14  5 use. An employer has the discretion to advance sick and safe
 14  6 time to an employee.
 14  7    The bill provides specific reasons for which employees may
 14  8 use the sick and safe time in new Code section 91F.5. An
 14  9 employee shall give reasonable notice to an employer when
 14 10 use of sick and safe time is foreseeable and shall make a
 14 11 reasonable effort to schedule the use of sick and safe time in
 14 12 a manner that does not unduly disrupt the operations of the
 14 13 employer. When an employee uses more than three consecutive
 14 14 days of sick and safe time, an employer may require reasonable
 14 15 documentation that the time used is covered as provided in
 14 16 the bill. If an employer chooses to require documentation
 14 17 from an employee for use of sick and safe time, the employer
 14 18 is responsible for paying any costs charged to the employee
 14 19 by a health care provider or other entity for providing the
 14 20 specific documentation required by the employer.  If the
 14 21 employee has health insurance that covers any portion of the
 14 22 costs of obtaining such documentation, the employer shall only
 14 23 be responsible for paying costs that are not covered by the
 14 24 employee's health insurance. An employer shall not require an
 14 25 employee to find a replacement worker in order to use sick and
 14 26 safe time.
 14 27    An employee's rights under the bill, including the right
 14 28 to use sick and safe time and to file a complaint against
 14 29 an employer, and the prohibitions against an employer's
 14 30 retaliation against an employee exercising those rights, are
 14 31 explained in new Code section 91F.6.
 14 32    Employers are required to give employees notice of their
 14 33 rights to sick and safe time as described in new Code section
 14 34 91F.7, either by supplying each employee with a notice or
 14 35 by posting such notice in an accessible and obvious place
 15  1 where employees work. Violations of the notice and posting
 15  2 requirements may result in a civil penalty of not more than
 15  3 $100 for each offense.
 15  4    An employee may recover the monetary value of owed sick
 15  5 and safe time plus liquidated damages for the wrongful denial
 15  6 of use of accrued sick and safe time if an employer is shown
 15  7 to have intentionally violated the bill pursuant to new Code
 15  8 section 91F.8.
 15  9    An employer must retain records documenting hours worked
 15 10 by each employee and the amount of leave, including sick and
 15 11 safe time, taken by employees for five years. The labor
 15 12 commissioner shall have reasonable access to these records. If
 15 13 a question arises about an employee's right to sick and safe
 15 14 time and an employer does not have adequate records or does not
 15 15 allow the commissioner to examine the employer's records, the
 15 16 commissioner shall presume that the employer has violated the
 15 17 bill.
 15 18    Pursuant to new Code section 91F.10, an employee may submit
 15 19 a written complaint to the commissioner, who will determine
 15 20 whether to investigate the claim that an employer has violated
 15 21 any provision of new Code chapter 91F.  If the commissioner
 15 22 decides to investigate, the commissioner shall commence a civil
 15 23 action against the employer.
 15 24    An employer shall not require an employee to disclose
 15 25 details relating to domestic abuse, sexual abuse, stalking,
 15 26 murder, or a medical condition as a condition of using sick and
 15 27 safe time. An employer who has such information shall treat
 15 28 the information as confidential and not disclose it without
 15 29 written consent of the affected employee, according to new Code
 15 30 section 91F.11.
 15 31    The bill provides that the new Code chapter does not prohibit
 15 32 an employer from providing a more generous sick and safe
 15 33 time policy than required by the bill, does not diminish an
 15 34 employer's previous contractual obligations for more generous
 15 35 sick and safe time, and does not diminish public employees'
 16  1 other rights to sick and safe time as provided by law.
 16  2    The commissioner is required to create a poster and other
 16  3 informational materials which an employer may use for public
 16  4 display.  The poster and other informational materials must
 16  5 comply with the notice requirements for sick and safe time
 16  6 provided in the bill.  The commissioner is to make the poster
 16  7 and other informational materials available to an employer upon
 16  8 verification of compliance with the bill.
 16  9    The bill applies to all existing employees on and after
 16 10 January 1, 2017, and to all new hires on or after that date,
 16 11 but does not apply to employees under contracts or collective
 16 12 bargaining agreements in effect before January 1, 2017.
       LSB 5493HH (5) 86
       je/nh
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