Bill Text: IA SF437 | 2015-2016 | 86th General Assembly | Amended

---

Bill Title: A bill for an act providing time off from work to attend presidential precinct caucuses, making penalties applicable, and including effective date provisions. (Formerly SSB 1062.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2015-03-23 - Subcommittee, Forristall, Hunter, and Sheets. H.J. 667. [SF437 Detail]

Download: Iowa-2015-SF437-Amended.html

---

Senate File 437 - Reprinted




                                 SENATE FILE       
                                 BY  COMMITTEE ON STATE
                                     GOVERNMENT

                                 (SUCCESSOR TO SSB
                                     1062)
       (As Amended and Passed by the Senate March 18, 2015)

                                      A BILL FOR

  1 An Act providing time off from work to attend presidential
  2    precinct caucuses, making penalties applicable, and
  3    including effective date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    SF 437 (4) 86
    je/sc/jh

PAG LIN



  1  1    Section 1.  Section 39A.5, subsection 1, paragraph b, Code
  1  2 2015, is amended by adding the following new subparagraph:
  1  3    NEW SUBPARAGRAPH.  (3)  As an employer, denying an employee
  1  4 the privilege conferred by section 43.91A to attend a precinct
  1  5 caucus, or subjecting an employee to a penalty because of the
  1  6 exercise of that privilege.
  1  7    Sec. 2.  NEW SECTION.  43.91A  Employees entitled to time to
  1  8 participate in presidential precinct caucuses.
  1  9    1.  Any person entitled to participate in a precinct caucus
  1 10 held as part of the presidential nominating process in this
  1 11 state who is required to be present at work for an employer
  1 12 during the four=hour period starting one hour prior to the time
  1 13 the precinct caucus starts is entitled to take unpaid leave for
  1 14 as much of that four=hour period as is necessary to participate
  1 15 in the precinct caucus except as provided by this section.
  1 16 Application by any employee for such absence shall be made to
  1 17 the employee's employer individually and in writing at least
  1 18 two weeks prior to the time the precinct caucus is scheduled to
  1 19 start.  The employee shall not be liable for any loss of wages
  1 20 or salary or any other penalty except for the loss of wages or
  1 21 salary for the hours of unpaid leave actually used.
  1 22    2.  a.  An application by an employee for an absence may be
  1 23 denied by an employer if all the following circumstances exist:
  1 24    (1)  The person is employed in an emergency services position
  1 25 which shall include peace officer, fire fighter, emergency
  1 26 medical personnel, and any other position that affects the
  1 27 protection of public health or safety, or is employed by an
  1 28 entity that would experience severe economic or operational
  1 29 disruption due to the person's absence.
  1 30    (2)  The employer filed a written notice with the
  1 31 commissioner at least seven days prior to the date of the
  1 32 precinct caucus specifying exigent circumstances justifying the
  1 33 denial of such leave for personnel described in subparagraph
  1 34 (1) and declaring the minimum number of such personnel,
  1 35 by position, needed to protect public health and safety or
  2  1 maintain minimum operational capacity, as applicable.  A copy
  2  2 of this written notice shall be provided to employees of the
  2  3 employer.
  2  4    (3)  The number of persons employed in a position that did
  2  5 not apply for an absence is less than the minimum number of
  2  6 persons in that position needed by the employer to protect
  2  7 public health and safety or maintain minimum operational
  2  8 capacity, as applicable.
  2  9    b.  If the circumstances in paragraph "a" exist as to a
  2 10 particular position of the employer, then the employer may deny
  2 11 the minimum number of employees in that position applying for
  2 12 an absence that is needed to yield the minimum staffing level
  2 13 for that position as specified in the written notice to the
  2 14 commissioner.  The selection of which employees applying for
  2 15 an absence shall be denied an absence shall be made without
  2 16 regard to political party affiliation, political belief, or
  2 17 affiliation with or support for any candidate, or for any of
  2 18 the grounds for which employment discrimination is prohibited
  2 19 in this state.
  2 20    3.  This section shall not be construed to prohibit an
  2 21 employer from doing any of the following:
  2 22    a.  Authorizing paid leave to all affected employees.
  2 23    b.  Allowing all affected employees the option to work
  2 24 additional compensatory hours to the extent otherwise permitted
  2 25 by law, at a time designated by the employer not in conflict
  2 26 with the time needed for caucus participation, equal in number
  2 27 to the number of hours taken to participate in the presidential
  2 28 precinct caucus as provided in subsection 1.  The option of
  2 29 working compensatory hours may be exercised individually by
  2 30 each employee.  Work performed during the compensatory hours
  2 31 shall be compensated in the same manner as work performed
  2 32 during regular hours.
  2 33    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
  2 34 immediate importance, takes effect upon enactment.