Bill Text: IA HF412 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act requiring certain employers to provide leave for school conferences and classroom activities, providing penalties, and including applicability provisions.

Sponsorship: Partisan Bill (Democrat 20)

Status: (Introduced - Dead) 2015-02-26 - Subcommittee, Jorgensen, Forristall, and Steckman. H.J. 428. [HF412 Detail]

Download: Iowa-2015-HF412-Introduced.html

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House File 412 - Introduced




                                 HOUSE FILE       
                                 BY  BERRY, STAED, OURTH,
                                     STECKMAN, THEDE,
                                     HUNTER, T. TAYLOR,
                                     H. MILLER, STUTSMAN,
                                     KEARNS, ANDERSON,
                                     BEARINGER, GASKILL,
                                     KRESSIG, WINCKLER,
                                     LENSING, WOLFE,
                                     BENNETT,
                                     WESSEL=KROESCHELL, and
                                     KELLEY

                                      A BILL FOR

  1 An Act requiring certain employers to provide leave for school
  2    conferences and classroom activities, providing penalties,
  3    and including applicability provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1916HH (3) 86
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PAG LIN



  1  1    Section 1.  NEW SECTION.  302.1  Definitions.
  1  2    As used in this chapter, unless the context otherwise
  1  3 requires:
  1  4    1.  "Child" means a biological, adopted, or foster child,
  1  5 or stepchild or legal ward, of an employee, who is enrolled in
  1  6 a school in this state.
  1  7    2.  "Employer" means a person who employs fifty or more
  1  8 employees in this state.
  1  9    3.  "School" means a public or nonpublic school located in
  1 10 this state.
  1 11    Sec. 2.  NEW SECTION.  302.2  School conference and classroom
  1 12 activity leave.
  1 13    An employer shall grant an employee at least eight hours
  1 14 of leave during any twelve=month period to attend school
  1 15 conferences or classroom activities relating to the employee's
  1 16 child if the conference or activity cannot be scheduled outside
  1 17 of the employee's scheduled work hours. The employee shall
  1 18 consult with the employer to schedule the leave so as not to
  1 19 unduly disrupt the operations of the employer.
  1 20    Sec. 3.  NEW SECTION.  302.3  Limitations on leave.
  1 21    1.  An employer is not required to grant an employee more
  1 22 than four hours of leave pursuant to this chapter.
  1 23    2.  An employer is not required to grant leave under this
  1 24 chapter if granting such leave would result in more than five
  1 25 percent of the employer's work force or five percent of an
  1 26 employee's work shift taking such leave at the same time.
  1 27    3.  An employer may require an employee to use accrued
  1 28 vacation leave or any other time off from work for which the
  1 29 employee is eligible, other than sick leave, before granting
  1 30 the employee leave pursuant to this chapter.
  1 31    Sec. 4.  NEW SECTION.  302.4  Compensation optional ==== make=up
  1 32 time.
  1 33    An employer is not required to pay an employee for leave
  1 34 taken pursuant to this chapter. An employer shall not require
  1 35 an employee who uses leave pursuant to this chapter to make
  2  1 up the time taken. An employer shall pay the rate for normal
  2  2 working time if an employee makes up the time taken. An
  2  3 employer shall make a good=faith effort to permit an employee
  2  4 to make up the time taken. An employer is not required to
  2  5 schedule make=up time in a manner that would require the
  2  6 payment of overtime pay.
  2  7    Sec. 5.  NEW SECTION.  302.5  Penalty.
  2  8    An employer who violates this chapter is guilty of a simple
  2  9 misdemeanor.
  2 10    Sec. 6.  APPLICABILITY.  This Act applies to collective
  2 11 bargaining agreements and employee benefit plans entered into
  2 12 on or after the effective date of this Act.
  2 13                           EXPLANATION
  2 14 The inclusion of this explanation does not constitute agreement with
  2 15 the explanation's substance by the members of the general assembly.
  2 16    This bill requires an employer to grant an employee at least
  2 17 eight hours of leave during any 12=month period to attend
  2 18 school conferences or classroom activities relating to the
  2 19 employee's child if the conference cannot be scheduled outside
  2 20 of the employee's scheduled work hours. The employee must
  2 21 consult with the employer to schedule the leave so as not to
  2 22 unduly disrupt the operations of the employer.
  2 23    The bill defines "employer" as a person who employs 50 or
  2 24 more employees in Iowa.  The bill defines "school" as a public
  2 25 or nonpublic school located in Iowa.
  2 26    The bill provides for limitations on the leave requirement,
  2 27 including a limitation of four hours of leave in a 24=hour
  2 28 period and an option for an employer to require use of other
  2 29 forms of leave first.
  2 30    The leave required by the bill need not be paid leave. An
  2 31 employer is prohibited from requiring an employee to make
  2 32 up the time taken for the leave. An employer must make a
  2 33 good=faith effort to permit an employee to make up the time
  2 34 taken.
  2 35    An employer who violates the bill is guilty of a simple
  3  1 misdemeanor. A simple misdemeanor is punishable by confinement
  3  2 for no more than 30 days or a fine of at least $65 but not more
  3  3 than $625 or by both.
  3  4    The bill applies to collective bargaining agreements and
  3  5 employee benefit plans entered into on or after the effective
  3  6 date of the bill.
       LSB 1916HH (3) 86
       je/sc