Bill Text: IA HF480 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act requiring employers to provide employment leave to attend parent-teacher conferences and including applicability provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-04 - Subcommittee, Jorgensen, Finkenauer, and Forristall. H.J. 467. [HF480 Detail]
Download: Iowa-2015-HF480-Introduced.html
House File 480 - Introduced HOUSE FILE BY KELLEY A BILL FOR 1 An Act requiring employers to provide employment leave 2 to attend parent=teacher conferences and including 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2488YH (1) 86 je/rj PAG LIN 1 1 Section 1. Section 84A.5, subsection 4, Code 2015, is 1 2 amended to read as follows: 1 3 4. The division of labor services is responsible for the 1 4 administration of the laws of this state under chapters 88, 1 5 88A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 91F, 92, 1 6 and 94A, and section 85.68. The executive head of the division 1 7 is the labor commissioner, appointed pursuant to section 91.2. 1 8 Sec. 2. Section 91.4, subsection 2, Code 2015, is amended 1 9 to read as follows: 1 10 2. The director of the department of workforce development, 1 11 in consultation with the labor commissioner, shall, at the 1 12 time provided by law, make an annual report to the governor 1 13 setting forth in appropriate form the business and expense of 1 14 the division of labor services for the preceding year, the 1 15 number of remedial actions taken under chapter 89A, the number 1 16 of disputes or violations processed by the division and the 1 17 disposition of the disputes or violations, and other matters 1 18 pertaining to the division which are of public interest, 1 19 together with recommendations for change or amendment of the 1 20 laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B, 1 21 90A, 91A, 91C, 91D, 91E, 91F, 92, and 94A, and section 85.68, 1 22 and the recommendations, if any, shall be transmitted by the 1 23 governor to the first general assembly in session after the 1 24 report is filed. 1 25 Sec. 3. NEW SECTION. 91F.1 Definitions. 1 26 As used in this chapter, unless the context otherwise 1 27 requires: 1 28 1. "Child" means a biological, adopted, or foster child, 1 29 a stepchild, a legal ward, or a child of a person standing in 1 30 loco parentis who is under eighteen years of age or is eighteen 1 31 years of age or older and incapable of self=care because of a 1 32 mental or physical disability. 1 33 2. "Commissioner" means the labor commissioner, appointed 1 34 pursuant to section 91.2. 1 35 3. "Eligible employee" means an employee as defined in 2 1 section 91A.2 who has been employed for at least twelve months 2 2 and for at least one thousand two hundred fifty hours during 2 3 the previous twelve=month period by the employer from whom 2 4 leave permitted by this chapter is requested. 2 5 4. "Employer" means a person who, in this state, employs 2 6 fifty or more natural persons for each working day during 2 7 each of twenty or more calendar work weeks in the current or 2 8 preceding calendar year. 2 9 5. "Leave" means full or partial absence from an eligible 2 10 employee's ordinary job responsibilities either with full or 2 11 partial pay or without pay. 2 12 Sec. 4. NEW SECTION. 91F.2 Leave for parent=teacher 2 13 conferences authorized. 2 14 Except as provided in section 91F.3, an eligible employee 2 15 shall be entitled to take leave to attend a parent=teacher 2 16 conference. 2 17 Sec. 5. NEW SECTION. 91F.3 Exemption. 2 18 1. An employer may deny leave under section 91F.2 to an 2 19 eligible employee if all of the following apply: 2 20 a. Denial is necessary to prevent substantial economic 2 21 injury to the operations of the employer. 2 22 b. The employer notifies the employee of the intent of the 2 23 employer to deny restoration of the employee's position on such 2 24 basis at the time the employer determines that such injury 2 25 would occur. 2 26 c. In any case in which the leave has commenced, the 2 27 employee elects not to return to employment after receiving 2 28 such notice. 2 29 2. This section applies only to an eligible employee who 2 30 is a salaried employee and who is among the highest=paid ten 2 31 percent of the employees employed by the employer within 2 32 seventy=five miles of the facility at which the eligible 2 33 employee is employed. 2 34 Sec. 6. NEW SECTION. 91F.4 Leave requirements. 2 35 1. An employer shall not be required to pay an eligible 3 1 employee for any leave taken pursuant to section 91F.2. 3 2 However, an eligible employee taking leave permitted by this 3 3 chapter may elect to substitute for the leave permitted under 3 4 this chapter any of the eligible employee's accrued vacation 3 5 leave or other accrued time off during such period or any other 3 6 paid or unpaid time off negotiated with the employer. 3 7 2. An eligible employee shall provide the employer with 3 8 reasonable advance notice of foreseeable need for leave 3 9 permitted by this chapter. Reasonable notice shall be at least 3 10 thirty days where practical. An eligible employee shall make 3 11 a reasonable effort in the scheduling of leave so as not to 3 12 unduly disrupt the operations of an employer. 3 13 3. An employer may require that a request for leave under 3 14 this chapter be supported by a certification issued by a 3 15 school superintendent, principal, or other school authority of 3 16 the eligible employee's child. The eligible employee shall 3 17 provide, in a timely manner, a copy of such certification to 3 18 the employer. The certification shall include the date on 3 19 which the leave is expected to occur. 3 20 Sec. 7. NEW SECTION. 91F.5 Employer notice. 3 21 An employer shall post, in conspicuous places on the 3 22 premises of the employer where notices to eligible employees 3 23 and applicants for employment are customarily posted, a notice, 3 24 to be prepared or approved by the commissioner, setting forth 3 25 excerpts from, or summaries of, the pertinent provisions of 3 26 this chapter. The commissioner shall adopt rules pursuant to 3 27 chapter 17A providing for requirements for such notice. 3 28 Sec. 8. APPLICABILITY. This Act applies only to those 3 29 collective bargaining agreements entered into on or after the 3 30 effective date of this Act. 3 31 EXPLANATION 3 32 The inclusion of this explanation does not constitute agreement with 3 33 the explanation's substance by the members of the general assembly. 3 34 This bill provides that an eligible employee is entitled to 3 35 take employment leave to attend a parent=teacher conference. 4 1 "Leave" is defined as full or partial absence from an eligible 4 2 employee's ordinary job responsibilities either with full or 4 3 partial pay or without pay. An "eligible employee" is defined 4 4 as an employee as defined in Code section 91A.2 who has been 4 5 employed for at least 12 months and for least 1,250 hours of 4 6 service during the previous 12=month period by the employer 4 7 from whom leave is requested. An "employer" is defined as a 4 8 person who, in this state, employs 50 or more natural persons 4 9 for each working day during each of 20 or more calendar work 4 10 weeks in the current or preceding calendar year. 4 11 The bill provides that an employer may deny the leave 4 12 to an eligible employee if denial is necessary to prevent 4 13 substantial economic injury to the operations of the employer; 4 14 the employer notifies the employee of the employer's intent to 4 15 deny restoration of the employee's position on such basis at 4 16 the time the employer determines that such injury would occur; 4 17 and in any case in which the leave has commenced, the employee 4 18 elects not to return to employment after receiving such notice. 4 19 This exemption applies only to an eligible employee who is a 4 20 salaried employee and who is among the highest paid 10 percent 4 21 of the employees employed by the employer within 75 miles of 4 22 the facility at which the employee is employed. 4 23 The bill provides that the leave need not be paid leave. 4 24 However, an eligible employee may elect to substitute for the 4 25 leave any of the eligible employee's accrued vacation leave or 4 26 other accrued time off during such period or any other paid or 4 27 unpaid time off negotiated with the employer. 4 28 The bill requires an eligible employee to provide the 4 29 employer with reasonable advance notice of foreseeable need for 4 30 the leave. Reasonable notice shall be at least 30 days where 4 31 practical. An eligible employee is also required to make a 4 32 reasonable effort in the scheduling of the leave so as not to 4 33 unduly disrupt the operations of an employer. 4 34 The bill provides that an employer may require that a request 4 35 for leave be supported by a certification issued by a school 5 1 superintendent, principal, or other school authority of the 5 2 eligible employee's child. The eligible employee must then 5 3 provide, in a timely manner, certification to the employer. 5 4 The certification is to include the date on which the leave is 5 5 to occur. 5 6 The bill requires each employer to post a notice, to be 5 7 prepared or approved by the labor commissioner, setting forth 5 8 excerpts from, or summaries of, the pertinent provisions of the 5 9 bill. 5 10 The bill applies to only those collective bargaining 5 11 agreements entered into on or after the effective date of the 5 12 bill. 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