Bill Text: IA SF105 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing for employment leave for prenatal appointments and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-19 - Subcommittee: Zaun, Bisignano, and Schultz. S.J. 107. [SF105 Detail]
Download: Iowa-2017-SF105-Introduced.html
Senate File 105 - Introduced SENATE FILE BY PETERSEN A BILL FOR 1 An Act providing for employment leave for prenatal appointments 2 and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1614XS (3) 87 je/rj PAG LIN 1 1 Section 1. Section 84A.5, subsection 4, Code 2017, 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 2017, 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 Public policy. 1 26 It is the public policy of this state to promote healthy 1 27 pregnancies by ensuring that pregnant workers are able to 1 28 obtain necessary prenatal care without loss of income. 1 29 Sec. 4. NEW SECTION. 91F.2 Definitions. 1 30 1. "Employee" means a natural person who is employed in 1 31 this state for wages by an employer for at least twelve hours 1 32 a week. 1 33 2. "Employer" means a person, as defined in section 4.1, who 1 34 employs for wages fifty or more natural persons in this state. 1 35 3. "Prenatal appointment" means an appointment with a 2 1 licensed health care professional to receive medical advice, 2 2 diagnosis, care, or treatment relating to an employee's 2 3 pregnancy before the employee gives birth. 2 4 4. "Primary care provider" means a physician who provides 2 5 primary care and who is a family or general practitioner, a 2 6 pediatrician, an internist, an obstetrician, or a gynecologist, 2 7 or a midwife. 2 8 Sec. 5. NEW SECTION. 91F.3 Leave for prenatal appointments. 2 9 1. An employee shall be entitled to take leave to attend 2 10 prenatal appointments as recommended by an employee's primary 2 11 care provider in order to promote a healthy pregnancy. 2 12 2. An employer shall compensate an employee for leave taken 2 13 pursuant to this section at the same rate and with the same 2 14 benefits as the employee normally earns working regular hours. 2 15 3. An employee shall become eligible for leave pursuant to 2 16 this section on the first day the employee begins employment. 2 17 4. Each time an employee takes leave pursuant to 2 18 this section, the employee shall provide to the employer 2 19 documentation from a licensed health care professional that 2 20 leave taken pursuant to this section was taken for the purpose 2 21 of attending a prenatal appointment. 2 22 5. Leave to which an employee is entitled pursuant to this 2 23 section shall be in addition to any other paid sick leave 2 24 offered by an employer, whether or not such paid sick leave is 2 25 required by law. An employer shall not require an employee to 2 26 take any other leave to which the employee is entitled before 2 27 the employee takes leave pursuant to this section or as a 2 28 substitute for leave taken pursuant to this section. 2 29 Sec. 6. NEW SECTION. 91F.4 Prohibition against discharge 2 30 and discrimination. 2 31 An employer shall not discharge or in any other manner 2 32 discriminate against an employee because the employee has 2 33 filed a complaint alleging a violation of this chapter or 2 34 has cooperated in filing or responding to such a complaint. 2 35 An employee may also file a complaint with the commissioner 3 1 alleging discharge or discrimination within thirty days after 3 2 such violation occurs. Upon receipt of the complaint, the 3 3 commissioner shall cause an investigation to be made to the 3 4 extent deemed appropriate. If the commissioner determines from 3 5 the investigation that the provisions of this chapter have 3 6 been violated, the commissioner shall bring an action in the 3 7 appropriate district court against such person. The district 3 8 court shall have jurisdiction, for cause shown, to restrain 3 9 violations of this chapter and order all appropriate relief 3 10 including rehiring or reinstatement of the employee to the 3 11 former position with back pay. 3 12 Sec. 7. NEW SECTION. 91F.5 General powers and duties of the 3 13 commissioner. 3 14 1. The commissioner shall administer and enforce the 3 15 provisions of this chapter. The commissioner may hold hearings 3 16 and investigate charges of violations of this chapter. 3 17 2. The commissioner shall establish a process for receiving 3 18 and responding to complaints of violations of this chapter, 3 19 including determination of the validity of complaints. 3 20 3. The commissioner may, consistent with due process of 3 21 law, enter any place of employment to question the employer and 3 22 employees and to investigate such facts, conditions, or matters 3 23 as are deemed appropriate in determining whether any person has 3 24 violated the provisions of this chapter. However, such entry 3 25 by the commissioner shall only be in response to a written 3 26 complaint. 3 27 4. The commissioner may employ such qualified personnel 3 28 as are necessary for the enforcement of this chapter. Such 3 29 personnel shall be employed pursuant to chapter 8A, subchapter 3 30 IV. 3 31 5. The commissioner shall adopt rules pursuant to chapter 3 32 17A to administer this chapter. 3 33 Sec. 8. NEW SECTION. 91F.6 Civil penalties. 3 34 1. An employer who violates the provisions of this chapter 3 35 shall be subject to a civil penalty of not more than five 4 1 hundred dollars for each violation. The commissioner may 4 2 recover such civil penalty according to the provisions of 4 3 subsections 2 to 5. Any civil penalty recovered shall be 4 4 deposited in the general fund of the state. 4 5 2. The commissioner may propose that an employer be assessed 4 6 a civil penalty by serving the employer with notice of such 4 7 proposal in the same manner as an original notice is served 4 8 under the rules of civil procedure. Upon service of such 4 9 notice, the proposed assessment shall be treated as a contested 4 10 case under chapter 17A, if the employer requests a hearing 4 11 within thirty days of being served. 4 12 3. If an employer does not request a hearing pursuant 4 13 to subsection 2 or if the commissioner determines, after an 4 14 appropriate hearing, that an employer is in violation of this 4 15 chapter, the commissioner shall assess a civil penalty which 4 16 is consistent with the provisions of subsection 1 and which is 4 17 made with due consideration for the penalty amount in terms 4 18 of the size of the employer's business, the gravity of the 4 19 violation, the good faith of the employer, and the history of 4 20 previous violations. 4 21 4. An employer may seek judicial review of an assessment 4 22 made under subsection 3 by instituting proceedings for judicial 4 23 review pursuant to chapter 17A. However, such proceedings must 4 24 be instituted in the district court of the county in which the 4 25 violation or one of the violations occurred and within thirty 4 26 days of the day on which the employer was notified that an 4 27 assessment was made. Also, an employer may be required, at 4 28 the discretion of the district court and upon instituting such 4 29 proceedings, to deposit the amount assessed with the clerk of 4 30 the district court. Any moneys so deposited shall either be 4 31 returned to the employer or be forwarded to the commissioner 4 32 for deposit in the general fund of the state, depending on the 4 33 outcome of the judicial review, including any appeal to the 4 34 supreme court. 4 35 5. After the time for seeking judicial review has expired 5 1 or after all judicial review has been exhausted and the 5 2 commissioner's assessment has been upheld, the commissioner 5 3 shall request the attorney general to recover the assessed 5 4 penalties in a civil action. 5 5 EXPLANATION 5 6 The inclusion of this explanation does not constitute agreement with 5 7 the explanation's substance by the members of the general assembly. 5 8 This bill provides that an employee is entitled to take leave 5 9 to attend prenatal appointments as recommended by an employee's 5 10 primary care provider to promote a healthy pregnancy. The bill 5 11 requires an employer to compensate an employee for such leave 5 12 at the same rate and with the same benefits as the employee 5 13 normally earns working regular hours. An employee becomes 5 14 eligible for such leave on the first day the employee begins 5 15 employment. 5 16 The bill requires an employee to provide documentation 5 17 to an employer from a licensed health care professional that 5 18 such leave was taken for the purpose of attending a prenatal 5 19 appointment. 5 20 The bill defines "prenatal appointment" as an appointment 5 21 with a licensed health care professional to receive medical 5 22 advice, diagnosis, care, or treatment relating to an employee's 5 23 pregnancy before the employee gives birth. The bill defines 5 24 "employer" as a person who employs for wages 50 or more natural 5 25 persons in this state. The bill defines "employee" as a 5 26 natural person who is employed in this state for wages by 5 27 an employer for at least 12 hours a week. The bill defines 5 28 "primary care provider" as a physician who provides primary 5 29 care who is a family or general practitioner, a pediatrician, 5 30 an internist, an obstetrician, a gynecologist, or a midwife. 5 31 The bill provides that leave to which an employee is entitled 5 32 pursuant to the bill shall be in addition to any other paid 5 33 sick leave offered by an employer, whether or not such paid 5 34 sick leave is required by law. The bill prohibits an employer 5 35 from requiring an employee to take any other leave to which the 6 1 employee is entitled before the employee takes leave pursuant 6 2 to the bill or as a substitute for leave taken pursuant to the 6 3 bill. 6 4 The bill prohibits an employer from discharging or in any 6 5 other manner discriminating against any employee because the 6 6 employee has filed a complaint alleging a violation of the bill 6 7 or has cooperated in filing or responding to such a complaint. 6 8 The bill permits an employee to file a complaint with the 6 9 labor commissioner alleging discharge or discrimination within 6 10 30 days after such violation occurs. The bill provides the 6 11 commissioner with investigative and remedial powers to respond 6 12 to such complaints. 6 13 The bill provides powers and duties for the commissioner 6 14 relating to the administration and enforcement of the bill, 6 15 including holding hearings, establishing a complaint process, 6 16 conducting investigations, employing qualified personnel, and 6 17 adopting rules. 6 18 An employer who violates the bill is subject to a civil 6 19 penalty of not more than $500 for each violation. The bill 6 20 provides administrative and judicial processes for imposing and 6 21 recovering such penalties. LSB 1614XS (3) 87 je/rj
