Bill Text: IA HF149 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act requiring minimum sick and safe time for employees, providing a penalty, and including applicability provisions.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF149 Detail]
Download: Iowa-2013-HF149-Introduced.html
House
File
149
-
Introduced
HOUSE
FILE
149
BY
ISENHART
and
KEARNS
A
BILL
FOR
An
Act
requiring
minimum
sick
and
safe
time
for
employees,
1
providing
a
penalty,
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
91F.1
Title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Healthy
2
and
Safe
Families
and
Workplaces
Act”
.
3
Sec.
2.
NEW
SECTION
.
91F.2
Public
policy.
4
It
is
the
public
policy
of
this
state
to
protect
public
5
health
and
safety
and
to
promote
the
general
welfare
of
its
6
citizens
by
supporting
employers
in
their
efforts
to
encourage
7
employees
to
work
when
they
are
healthy
and
by
protecting
8
the
basic
rights
of
workers
who
safeguard
public
health
by
9
remaining
home
when
they
are
ill.
10
Sec.
3.
NEW
SECTION
.
91F.3
Definitions.
11
1.
“Commissioner”
means
the
labor
commissioner
appointed
12
pursuant
to
section
91.2.
13
2.
“Domestic
abuse
assault”
means
as
defined
in
section
14
708.2A.
15
3.
“Employee”
means
as
defined
in
the
federal
Fair
Labor
16
Standards
Act
of
1938,
29
U.S.C.
§
201
et
seq.,
as
amended.
17
4.
“Employer”
means
as
defined
in
the
federal
Fair
Labor
18
Standards
Act
of
1938,
29
U.S.C.
§
201
et
seq.,
as
amended.
19
5.
“Family
member”
means
any
of
the
following:
20
a.
An
employee’s
spouse
or
domestic
partner.
21
b.
A
child
or
foster
child;
stepchild;
legal
ward;
a
child
22
of
a
domestic
partner;
or
a
child
to
whom
the
employee
stands
23
in
loco
parentis.
24
c.
A
parent
or
foster
parent;
stepparent;
legal
guardian;
25
or
a
person
who
stood
in
loco
parentis
to
the
employee
when
the
26
employee
was
a
minor
child.
27
d.
A
grandparent
or
spouse
or
domestic
partner
of
a
28
grandparent.
29
e.
A
grandchild.
30
f.
A
sibling
or
foster
sibling;
stepsibling;
or
spouse
or
31
domestic
partner
of
a
sibling,
foster
sibling,
or
stepsibling.
32
g.
Any
other
individual
related
to
the
employee
by
blood
33
or
affinity
whose
close
association
with
the
employee
is
the
34
equivalent
of
a
familial
relationship.
35
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6.
“Health
care
professional”
means
as
defined
in
section
1
135.157.
2
7.
“Retaliatory
personnel
action”
means
the
discharge,
3
suspension,
or
demotion
of,
or
any
other
adverse
action
taken
4
by
an
employer
against,
an
employee.
5
8.
“Sexual
abuse”
means
as
defined
in
section
709.1.
6
9.
“Sick
and
safe
time”
means
time,
whether
paid
or
unpaid,
7
that
is
earned
and
is
provided
by
an
employer
to
an
employee
8
for
the
purposes
described
in
section
91F.5.
9
10.
“Stalking”
means
as
described
in
section
708.11.
10
Sec.
4.
NEW
SECTION
.
91F.4
Accrual
——
sick
and
safe
time.
11
1.
An
employee
who
works
for
compensation
for
an
employer
12
shall
have
the
right
to
accrue
and
use
sick
and
safe
time
as
13
provided
in
this
chapter.
14
2.
a.
An
employee
shall
accrue
a
minimum
of
five
and
15
fifty-four
hundredths
hours
of
sick
and
safe
time
for
every
16
forty
hours
worked.
17
b.
An
employee
shall
not
accrue
more
than
one
hundred
18
forty-four
hours
of
sick
and
safe
time
in
a
calendar
year,
19
unless
the
employer
selects
a
higher
limit.
20
3.
Employees
who
are
exempt
from
overtime
requirements
21
under
section
13(a)(1)
of
the
federal
Fair
Labor
Standards
Act
22
of
1938,
29
U.S.C.
§
213(a)(1),
are
deemed
to
work
forty
hours
23
in
each
work
week
for
purposes
of
sick
and
safe
time
accrual
24
unless
their
normal
work
week
is
less
than
forty
hours,
in
25
which
case
sick
and
safe
time
accrues
based
upon
that
normal
26
work
week.
27
4.
Sick
and
safe
time
as
provided
in
this
section
shall
28
begin
to
accrue
upon
the
commencement
of
employment
for
new
29
employees
and
for
existing
employees
beginning
July
1,
2013.
30
5.
a.
A
new
employee
may
use
accrued
sick
and
safe
time
31
beginning
on
the
sixtieth
calendar
day
following
commencement
32
of
the
employee’s
employment.
On
and
after
the
sixtieth
33
calendar
day
of
employment,
an
employee
may
use
accrued
sick
34
and
safe
time
and
accruing
sick
and
safe
time
as
it
accrues.
35
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b.
Existing
employees
may
use
sick
and
safe
time
as
it
1
accrues
pursuant
to
this
chapter.
2
6.
Accrued
sick
and
safe
time
shall
be
carried
over
to
3
the
following
calendar
year
subject
to
the
limit
described
in
4
subsection
2,
paragraph
“b”
.
5
7.
An
employer
with
a
leave
policy
who
makes
available
an
6
amount
of
leave
sufficient
to
meet
the
accrual
requirements
of
7
this
section
that
may
be
used
for
the
same
purposes
and
under
8
the
same
conditions
as
sick
and
safe
time
under
this
chapter
is
9
not
required
to
provide
additional
sick
and
safe
time.
10
8.
Nothing
in
this
section
shall
be
construed
as
requiring
11
financial
or
other
reimbursement
to
an
employee
from
an
12
employer
upon
the
employee’s
termination,
resignation,
13
retirement,
or
other
separation
from
employment
for
accrued
14
sick
and
safe
time
that
has
not
been
used.
15
9.
a.
If
an
employee
is
transferred
to
a
separate
division,
16
entity,
or
location,
but
remains
employed
by
the
same
employer,
17
the
employee
is
entitled
to
all
sick
and
safe
time
previously
18
accrued;
is
entitled
to
immediately
use
all
accrued
sick
and
19
safe
time
as
provided
in
this
chapter;
and
shall
continue
to
20
accrue
sick
and
safe
time
at
the
same
rate
or
higher
as
before
21
the
transfer.
22
b.
When
there
is
a
separation
from
employment
and
the
23
employee
is
rehired
within
three
months
of
the
separation
24
by
the
same
employer,
previously
accrued
sick
and
safe
time
25
that
had
not
been
used
prior
to
the
separation
shall
be
26
reinstated.
The
employee
may
use
such
accrued
sick
and
safe
27
time
immediately
upon
rehire,
and
sick
and
safe
time
shall
28
begin
to
accrue
immediately
upon
rehire.
29
10.
At
the
employer’s
discretion,
the
employer
may
advance
30
sick
and
safe
time
to
an
employee
ahead
of
accrual
of
such
time
31
by
the
employee.
32
Sec.
5.
NEW
SECTION
.
91F.5
Use
of
sick
and
safe
time
——
33
purposes
——
procedures.
34
1.
Sick
and
safe
time
shall
be
provided
to
an
employee
by
an
35
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149
employer
for
the
following
purposes:
1
a.
An
employee’s
mental
or
physical
illness,
injury,
or
2
health
condition;
an
employee’s
need
for
medical
diagnosis,
3
care,
or
treatment
of
a
mental
or
physical
illness,
injury,
or
4
health
condition;
an
employee’s
need
for
preventive
medical
5
care.
6
b.
An
employee’s
need
to
care
for
a
family
member
with
a
7
mental
or
physical
illness,
injury,
or
health
condition;
an
8
employee’s
need
to
care
for
a
family
member
who
needs
medical
9
diagnosis,
care,
or
treatment
of
a
mental
or
physical
illness,
10
injury,
or
health
condition;
an
employee’s
need
to
care
for
a
11
family
member
who
needs
preventive
medical
care.
12
c.
(1)
Closure
of
the
employee’s
place
of
work
by
order
of
13
a
public
official
due
to
a
public
health
emergency.
14
(2)
An
employee’s
need
to
care
for
a
family
member
whose
15
school
or
place
of
care
has
been
closed
by
order
of
a
public
16
official
due
to
a
public
health
emergency.
17
(3)
An
employee’s
need
to
care
for
a
family
member
when
18
public
health
authorities
or
a
health
care
professional
has
19
determined
that
the
family
member’s
presence
in
the
community
20
jeopardizes
the
health
of
others
because
of
the
family
member’s
21
exposure
to
communicable
disease,
whether
or
not
the
family
22
member
has
actually
contracted
the
communicable
disease.
23
d.
An
employee’s
need
to
be
absent
from
work
due
to
domestic
24
abuse
assault,
sexual
abuse,
or
stalking,
provided
the
leave
25
from
work
is
to
do
one
or
more
of
the
following:
26
(1)
Seek
medical
attention
for
the
employee
or
family
member
27
to
recover
from
physical
or
psychological
injury
or
disability
28
caused
by
domestic
abuse
assault
or
sexual
abuse.
29
(2)
Obtain
services
from
a
victim
services
organization.
30
(3)
Obtain
psychological
or
other
counseling.
31
(4)
Seek
relocation
due
to
the
domestic
abuse
assault,
32
sexual
abuse,
or
stalking.
33
(5)
Take
legal
action,
including
preparing
for
or
34
participating
in
any
civil
or
criminal
legal
proceeding
related
35
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to
or
resulting
from
the
domestic
abuse
assault,
sexual
abuse,
1
or
stalking.
2
2.
Sick
and
safe
time
shall
be
allowed
upon
the
oral
request
3
of
an
employee.
When
possible,
the
employee
shall
include
the
4
expected
duration
of
the
employee’s
absence.
5
3.
When
the
use
of
sick
and
safe
time
is
foreseeable,
the
6
employee
shall
make
a
good
faith
effort
to
provide
notice
7
of
the
need
for
such
time
to
the
employer
in
advance
of
the
8
use
of
the
sick
and
safe
time,
and
the
employee
shall
make
a
9
reasonable
effort
to
schedule
the
use
of
sick
and
safe
time
in
10
a
manner
that
does
not
unduly
disrupt
the
operations
of
the
11
employer.
12
4.
Accrued
sick
and
safe
time
may
be
used
in
the
smaller
of
13
hourly
increments
or
the
smallest
increment
that
the
employer’s
14
payroll
system
uses
to
account
for
absences
or
use
of
other
15
time.
16
5.
a.
For
sick
and
safe
time
for
more
than
three
17
consecutive
days,
an
employer
may
require
reasonable
18
documentation
that
the
sick
and
safe
time
is
for
the
purposes
19
described
in
subsection
1.
20
(1)
Documentation
signed
by
a
health
care
professional
21
indicating
that
sick
time
is
necessary
shall
be
considered
22
reasonable
documentation.
23
(2)
A
police
report
indicating
that
the
employee
was
a
24
victim
of
domestic
abuse
assault,
sexual
abuse,
or
stalking;
a
25
court
order;
or
a
signed
statement
from
a
victim
and
witness
26
advocate
affirming
that
the
employee
is
involved
in
legal
27
action
related
to
domestic
abuse
assault,
sexual
abuse,
or
28
stalking
shall
be
considered
reasonable
documentation.
29
b.
An
employer
may
not
require
that
the
documentation
30
explain
the
nature
of
the
medical
reason
or
the
details
of
the
31
domestic
abuse
assault,
sexual
abuse,
or
stalking.
32
c.
(1)
If
an
employer
chooses
to
require
documentation
33
for
use
of
sick
time
and
the
employee
does
not
have
health
34
insurance,
the
employer
is
responsible
for
paying
all
35
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149
out-of-pocket
expenses
the
employee
incurs
in
obtaining
the
1
documentation.
2
(2)
If
the
employee
does
have
health
insurance,
the
3
employer
is
responsible
for
paying
any
costs
charged
to
the
4
employee
by
the
health
care
provider
for
providing
the
specific
5
documentation
required
by
the
employer.
6
6.
An
employer
shall
not
require
as
a
condition
of
allowing
7
sick
and
safe
time
under
this
chapter
that
the
employee
search
8
for
or
find
a
replacement
worker
to
cover
the
hours
during
9
which
the
employee
will
be
using
sick
and
safe
time.
10
Sec.
6.
NEW
SECTION
.
91F.6
Exercise
of
rights
——
11
retaliation
prohibited.
12
1.
An
employer
or
any
other
person
shall
not
interfere
with,
13
restrain,
or
deny
the
exercise
of,
or
the
attempt
to
exercise,
14
any
right
protected
under
this
chapter.
15
2.
An
employer
shall
not
take
retaliatory
personnel
action
16
or
discriminate
against
an
employee
because
the
employee
has
17
exercised
rights
protected
under
this
chapter.
Such
rights
18
include
but
are
not
limited
to
the
following:
19
a.
The
right
to
use
sick
and
safe
time
pursuant
to
this
20
chapter.
21
b.
The
right
to
file
a
complaint
or
inform
any
person
about
22
any
employer’s
alleged
violation
of
this
chapter.
23
c.
The
right
to
cooperate
with
the
commissioner
in
any
24
investigation
of
alleged
violations
of
this
chapter.
25
d.
The
right
to
inform
any
person
of
the
person’s
potential
26
rights
under
this
chapter.
27
3.
An
employer’s
absence
control
policy
shall
not
count
28
sick
and
safe
time
taken
pursuant
to
this
chapter
as
an
absence
29
that
may
lead
to
or
result
in
discipline,
discharge,
demotion,
30
suspension,
or
any
other
adverse
action.
31
4.
The
protections
of
this
section
shall
apply
to
any
person
32
who
mistakenly
but
in
good
faith
alleges
violations
of
this
33
section.
34
5.
There
is
a
rebuttable
presumption
of
retaliation
under
35
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149
this
section
whenever
an
employer
takes
adverse
action
against
1
an
employee
within
ninety
days
of
when
that
employee
has
done
2
any
of
the
following:
3
a.
Filed
a
complaint
with
the
commissioner
or
a
court
4
alleging
a
violation
of
any
provision
of
this
chapter.
5
b.
Informed
any
person
about
an
employer’s
alleged
violation
6
of
this
chapter.
7
c.
Cooperated
with
the
commissioner
or
others
in
an
8
investigation
or
prosecution
of
any
alleged
violation
of
this
9
chapter.
10
d.
Opposed
any
policy,
practice,
or
act
that
is
unlawful
11
under
this
chapter.
12
e.
Informed
any
person
of
the
person’s
potential
rights
13
under
this
chapter.
14
Sec.
7.
NEW
SECTION
.
91F.7
Notice
and
posting.
15
1.
An
employer
shall
give
notice
to
employees
of
the
16
following:
17
a.
Employees
are
entitled
to
sick
and
safe
time.
18
b.
The
accrual
amounts
of
sick
and
safe
time.
19
c.
The
terms
of
use
of
sick
and
safe
time
guaranteed
under
20
this
chapter.
21
d.
The
prohibition
against
retaliation
against
employees
who
22
request
or
use
sick
and
safe
time.
23
e.
Each
employee
has
the
right
to
file
a
complaint
or
24
bring
a
civil
action
if
sick
and
safe
time
as
required
by
25
this
chapter
is
denied
by
the
employer,
or
the
employee
is
26
retaliated
against
for
requesting
or
taking
sick
and
safe
time.
27
2.
a.
An
employer
may
comply
with
this
section
by
supplying
28
each
employee
with
a
notice
that
contains
all
the
information
29
required
in
subsection
1.
30
b.
An
employer
may
comply
with
this
section
by
displaying
a
31
poster
and
other
informational
materials
in
a
conspicuous
and
32
accessible
place
in
each
establishment
where
such
employees
33
are
employed
which
contains
all
the
information
required
in
34
subsection
1.
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3.
An
employer
who
willfully
violates
the
notice
and
posting
1
requirements
of
this
section
shall
be
subject
to
a
civil
2
penalty
in
an
amount
not
to
exceed
one
hundred
dollars
for
each
3
separate
offense.
4
Sec.
8.
NEW
SECTION
.
91F.8
Damages
recoverable
by
an
5
employee.
6
In
an
action
by
an
employee
against
the
employee’s
employer
7
or
former
employer
for
an
alleged
violation
of
this
chapter,
8
when
it
has
been
shown
that
the
employer
has
intentionally
9
failed
to
provide
sick
and
safe
time
to
the
employee
in
10
violation
of
this
chapter
or
failed
to
allow
the
employee
to
11
use
accrued
sick
and
safe
time
as
provided
by
this
chapter,
12
the
employer
shall
be
liable
to
the
employee
for
the
monetary
13
value
of
the
owed
sick
and
safe
time,
plus
liquidated
damages
14
for
failure
to
allow
the
employee
to
use
accrued
sick
and
safe
15
time,
court
costs,
and
any
attorney
fees
incurred
in
the
civil
16
action.
17
Sec.
9.
NEW
SECTION
.
91F.9
Employer
records.
18
1.
An
employer
shall
retain
records
documenting
hours
19
worked
by
employees
and
sick
and
safe
time
taken
by
employees,
20
for
a
period
of
five
years.
21
2.
An
employer
shall
allow
the
commissioner
access
to
such
22
records,
with
notice
and
at
a
mutually
agreeable
time,
to
23
monitor
compliance
with
the
requirements
of
this
chapter.
24
3.
If
an
issue
arises
as
to
an
employee’s
entitlement
to
25
sick
and
safe
time
under
this
chapter
and
the
employer
does
not
26
maintain
or
retain
adequate
records
according
to
this
section
27
or
does
not
allow
the
commissioner
access
to
such
records,
the
28
commissioner
or
other
investigating
authority
shall
presume
29
that
the
employer
has
violated
this
chapter,
absent
clear
and
30
convincing
evidence
otherwise.
31
Sec.
10.
NEW
SECTION
.
91F.10
Enforcement.
32
1.
Upon
the
written
complaint
of
the
employee
involved,
33
the
commissioner
may
determine
whether
to
investigate
if
34
an
employer
has
violated
any
provision
of
this
chapter.
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The
commissioner
shall
keep
confidential,
to
the
extent
1
permitted
by
applicable
law,
the
name
of
and
other
identifying
2
information
about
the
employee
reporting
the
alleged
violation.
3
However,
the
commissioner,
with
the
authorization
of
the
4
complaining
employee,
may
disclose
the
employee’s
name
and
5
other
information
as
necessary
to
enforce
this
chapter
or
for
6
other
appropriate
purposes.
7
2.
If
for
any
reason
the
commissioner
makes
a
determination
8
not
to
investigate,
the
commissioner
shall
notify
the
9
complaining
employee
within
fourteen
days
of
receipt
of
10
the
complaint.
The
commissioner
shall
otherwise
notify
11
the
employee
of
the
determination
to
investigate
within
12
a
reasonable
time.
If
it
is
determined
that
there
is
an
13
enforceable
claim,
the
commissioner,
with
the
consent
of
the
14
complaining
employee
and
with
the
assistance
of
the
office
15
of
the
attorney
general
if
the
commissioner
requests
such
16
assistance,
shall,
unless
a
settlement
is
reached,
commence
a
17
civil
action
in
any
court
of
competent
jurisdiction
to
recover
18
for
the
benefit
of
any
employee
any
sick
and
safe
time
claims
19
that
have
been
assigned
to
the
commissioner
for
recovery.
20
The
commissioner
may
also
request
reasonable
and
necessary
21
attorney
fees.
With
the
consent
of
the
assigning
employee,
the
22
commissioner
may
also
settle
a
claim
on
behalf
of
the
assigning
23
employee.
24
3.
Proceedings
under
this
section
that
precede
commencement
25
of
a
civil
action
shall
be
conducted
informally
without
any
26
party
having
a
right
to
be
heard
before
the
commissioner.
The
27
commissioner
may
join
various
assignments
in
one
claim
for
the
28
purpose
of
settling
or
litigating
the
assignees’
claims.
29
4.
The
provisions
of
subsections
1
and
2
shall
not
be
30
construed
to
prevent
an
employee
from
settling
or
bringing
an
31
action
for
damages
under
section
91F.8
if
the
employee
has
not
32
assigned
the
claim
under
subsection
2.
33
5.
Any
recovery
of
attorney
fees,
in
the
case
of
actions
34
brought
under
this
section
by
the
commissioner,
shall
be
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remitted
by
the
commissioner
to
the
treasurer
of
state
for
1
deposit
in
the
general
fund
of
the
state.
The
commissioner
is
2
not
required
to
pay
any
filing
fee
or
other
court
costs.
3
Sec.
11.
NEW
SECTION
.
91F.11
Confidentiality
and
4
nondisclosure.
5
1.
An
employer
may
not
require
disclosure
of
details
6
relating
to
domestic
abuse
assault,
sexual
abuse,
or
stalking,
7
or
of
the
details
of
an
employee’s
medical
condition
or
that
of
8
a
family
member
as
a
condition
of
allowing
sick
and
safe
time
9
under
this
chapter.
10
2.
If
an
employer
possesses
health
information
or
11
information
pertaining
to
domestic
abuse
assault,
sexual
abuse,
12
or
stalking
about
an
employee
or
an
employee’s
family
member,
13
such
information
shall
be
treated
as
confidential
and
not
14
disclosed
except
to
the
affected
employee
or
with
the
written
15
permission
of
the
affected
employee.
16
Sec.
12.
NEW
SECTION
.
91F.12
Other
sick
and
safe
time
17
policies
——
legal
requirements.
18
1.
Nothing
in
this
chapter
shall
be
construed
to
discourage
19
or
prohibit
an
employer
from
the
adoption
or
retention
of
a
20
sick
and
safe
time
policy
that
is
more
generous
than
that
21
provided
in
this
chapter.
22
2.
Nothing
in
this
chapter
shall
be
construed
as
diminishing
23
the
obligation
of
an
employer
to
comply
with
any
contract,
24
collective
bargaining
agreement,
employment
benefit
plan,
or
25
other
agreement
that
provides
more
generous
sick
and
safe
time
26
to
an
employee
than
required
in
this
chapter.
27
3.
Nothing
in
this
chapter
shall
be
construed
as
diminishing
28
the
rights
of
public
employees
regarding
sick
and
safe
time
or
29
the
use
of
sick
and
safe
time
as
provided
by
state
law.
30
4.
This
chapter
provides
minimum
requirements
pertaining
31
to
sick
and
safe
time
and
shall
not
be
construed
to
preempt,
32
limit,
or
otherwise
affect
the
applicability
of
any
other
law,
33
regulation,
requirement,
policy,
or
standard
that
provides
for
34
greater
accrual
or
use
by
employees
of
sick
and
safe
time
or
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that
extends
other
protections
to
employees.
1
Sec.
13.
NEW
SECTION
.
91F.13
Paid
sick
and
safe
time
——
2
posting.
3
1.
For
the
purposes
of
this
section,
“paid
sick
and
safe
4
time”
means
time
that
is
compensated
at
the
same
hourly
rate
5
and
with
the
same
benefits,
including
health
care
benefits,
as
6
the
employee
normally
earns
during
hours
worked
and
is
provided
7
by
an
employer
to
an
employee
for
the
purposes
described
in
8
section
91F.5,
but
in
no
instance
shall
the
hourly
wage
be
less
9
than
that
provided
in
section
91D.1.
10
2.
Employers
in
this
state
are
encouraged
to
offer
paid
11
sick
and
safe
time
to
their
employees.
The
department
of
12
public
health
shall
create
a
poster
and
other
informational
13
materials
that
may
be
used
by
an
employer
for
public
display
if
14
the
employer
provides
paid
sick
and
safe
time
to
all
employees
15
in
each
establishment
where
the
poster
and
other
informational
16
materials
are
displayed.
The
poster
and
other
informational
17
materials
shall
contain
all
the
information
required
in
section
18
91F.7,
subsection
1.
19
3.
An
employer
may
apply
to
the
department
of
public
health
20
for
authorization
to
display
or
distribute
the
poster
and
21
other
informational
materials
created
by
the
department.
The
22
department
shall
verify
that
an
applicant
offers
paid
sick
and
23
safe
time
to
all
employees
in
each
establishment
where
the
24
poster
and
other
informational
materials
will
be
displayed
25
and
is
in
compliance
with
the
requirements
of
this
chapter.
26
The
department
shall
electronically
transmit
the
poster
and
27
other
informational
materials
to
any
verified
applicant.
The
28
department
shall
consult
with
the
commissioner
as
necessary
to
29
carry
out
the
requirements
of
this
section.
30
Sec.
14.
Section
91.4,
subsection
2,
Code
2013,
is
amended
31
to
read
as
follows:
32
2.
The
director
of
the
department
of
workforce
development,
33
in
consultation
with
the
labor
commissioner,
shall,
at
the
34
time
provided
by
law,
make
an
annual
report
to
the
governor
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setting
forth
in
appropriate
form
the
business
and
expense
of
1
the
division
of
labor
services
for
the
preceding
year,
the
2
number
of
remedial
actions
taken
under
chapter
89A
,
the
number
3
of
disputes
or
violations
processed
by
the
division
and
the
4
disposition
of
the
disputes
or
violations,
and
other
matters
5
pertaining
to
the
division
which
are
of
public
interest,
6
together
with
recommendations
for
change
or
amendment
of
the
7
laws
in
this
chapter
and
chapters
88
,
88A
,
88B
,
89
,
89A
,
89B
,
8
90A
,
91A
,
91C
,
91D
,
91E
,
91F,
92
,
and
94A
,
and
section
85.68
,
9
and
the
recommendations,
if
any,
shall
be
transmitted
by
the
10
governor
to
the
first
general
assembly
in
session
after
the
11
report
is
filed.
12
Sec.
15.
Section
135.11,
Code
2013,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
32.
In
consultation
with
the
labor
15
commissioner,
carry
out
duties
relating
to
the
creation
and
16
transmission
of
posters
and
other
informational
materials
17
pursuant
to
section
91F.13.
18
Sec.
16.
APPLICABILITY.
Notwithstanding
the
section
of
19
this
Act
relating
to
applicability
of
this
Act
on
or
after
20
the
effective
date
of
this
Act,
this
Act
does
not
apply
to
21
employees
under
a
contract
or
collective
bargaining
agreement
22
that
was
in
effect
on
or
before
the
effective
date
of
this
Act.
23
Sec.
17.
APPLICABILITY.
This
Act
applies
to
all
existing
24
employees
on
and
after
the
effective
date
of
this
Act
and
to
25
all
new
employees
hired
on
or
after
that
date.
26
EXPLANATION
27
This
bill,
entitled
the
“Healthy
and
Safe
Families
and
28
Workplace
Act”,
provides
minimum
sick
and
safe
time,
whether
29
paid
or
unpaid,
for
all
employees
working
part-time
and
30
full-time
in
the
state
in
new
Code
chapter
91F.
The
bill
31
declares
that
it
is
the
public
policy
of
the
state
to
protect
32
public
health
and
safety
and
to
promote
the
general
welfare
33
of
its
citizens
by
supporting
employers
in
their
efforts
to
34
encourage
employees
to
work
when
they
are
healthy
and
by
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protecting
the
basic
rights
of
workers
who
safeguard
public
1
health
by
remaining
home
when
they
are
ill.
2
The
bill
defines
several
terms
including
“family
member”
and
3
“sick
and
safe
time”.
4
The
bill
provides
that
all
employees
shall
have
the
right
to
5
accrue
and
use
sick
and
safe
time.
The
formula
for
accruing
6
sick
and
safe
time
is
contained
in
the
bill,
and
there
are
7
limits
for
the
amount
of
sick
and
safe
time
an
employee
may
8
accrue
per
year,
unless
the
employer
sets
a
higher
limit.
9
The
formula
for
accruing
sick
and
safe
time
and
the
10
limitations
and
exceptions
are
provided
in
new
Code
section
11
91F.4.
Sick
and
safe
time
shall
begin
to
accrue
for
new
12
employees
on
the
first
day
of
work
and
for
existing
employees
13
on
July
1,
2013.
New
employees
may
use
accrued
sick
and
safe
14
time
starting
the
60th
day
of
employment.
Existing
employees
15
may
use
sick
and
safe
time
as
it
accrues.
Sick
and
safe
time
16
shall
carry
over
each
year,
but
an
employee
may
not
use
more
17
than
144
hours
of
sick
and
safe
time
per
year.
18
An
employer
who
provides
a
leave
policy
that
meets
the
19
minimum
accrual
requirements
and
the
same
minimum
uses
and
20
conditions
is
deemed
to
be
in
compliance
with
the
bill.
The
21
bill
does
not
require
employees
to
be
reimbursed
for
unused
22
sick
and
safe
time
upon
separation
from
employment.
However,
23
if
an
employee
is
moved
or
transferred
within
the
company,
24
the
employee
shall
retain
all
accrued
sick
and
safe
time
and
25
may
use
such
time
immediately.
If
there
is
an
employment
26
separation,
but
an
employee
is
rehired
within
three
months,
all
27
accrued
sick
and
safe
time
shall
be
reinstated
upon
rehire
and
28
be
available
for
immediate
use.
An
employer
has
the
discretion
29
to
advance
sick
and
safe
time
to
an
employee.
30
The
bill
provides
specific
reasons
for
which
employees
may
31
use
the
sick
and
safe
time
in
new
Code
section
91F.5.
An
32
employee
shall
give
reasonable
notice
to
an
employer
when
33
use
of
sick
and
safe
time
is
foreseeable.
When
an
employee
34
uses
more
than
three
consecutive
days
of
sick
and
safe
time,
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an
employer
may
require
reasonable
documentation
that
the
1
time
used
is
covered
by
the
reasons
the
time
may
be
taken
as
2
provided
in
the
bill.
An
employer
who
requests
documentation
3
for
use
of
sick
time
by
an
employee
without
health
insurance
4
is
responsible
for
paying
all
expenses
related
to
acquiring
5
the
documentation.
For
an
employee
with
health
insurance,
the
6
employer
is
responsible
for
paying
any
costs
charged
to
the
7
employee
to
receive
the
documentation.
An
employer
shall
not
8
require
an
employee
to
find
a
replacement
worker
in
order
to
9
use
sick
and
safe
time.
10
An
employee’s
rights
under
the
bill,
including
the
right
11
to
use
sick
and
safe
time
and
to
file
a
complaint
against
12
an
employer,
and
the
prohibitions
against
an
employer’s
13
retaliation
against
an
employee
exercising
those
rights,
are
14
explained
in
new
Code
section
91F.6.
15
Employers
are
required
to
give
employees
notice
of
their
16
rights
to
sick
and
safe
time
as
described
in
new
Code
section
17
91F.7,
either
by
supplying
each
employee
with
a
notice
or
18
by
posting
such
notice
in
an
accessible
and
obvious
place
19
where
employees
work.
Violations
of
the
notice
and
posting
20
requirements
may
result
in
a
civil
penalty
of
not
more
than
21
$100
for
each
offense.
22
An
employee
may
recover
the
monetary
value
of
owed
sick
23
and
safe
time
plus
liquidated
damages
for
the
wrongful
denial
24
of
use
of
accrued
sick
and
safe
time
if
an
employer
is
shown
25
to
have
intentionally
violated
the
bill
pursuant
to
new
Code
26
section
91F.8.
27
An
employer
must
retain
records
documenting
hours
worked
by
28
each
employee
and
the
amount
of
sick
and
safe
time
taken
by
the
29
employees
for
five
years.
The
labor
commissioner
shall
have
30
reasonable
access
to
these
records.
If
a
question
arises
about
31
an
employee’s
right
to
sick
and
safe
time
and
an
employer
does
32
not
have
adequate
records
or
does
not
allow
the
commissioner
to
33
examine
the
employer’s
records,
the
commissioner
shall
presume
34
that
the
employer
has
violated
the
bill.
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H.F.
149
Pursuant
to
new
Code
section
91F.10,
an
employee
may
submit
1
a
written
complaint
to
the
commissioner,
who
will
determine
2
whether
to
investigate
the
claim
that
an
employer
has
violated
3
any
provision
of
new
Code
chapter
91F.
If
the
commissioner
4
decides
to
investigate,
the
commissioner
shall
commence
a
civil
5
action
against
the
employer.
6
An
employer
may
not
require
an
employee
to
disclose
details
7
relating
to
domestic
abuse
assault,
sexual
abuse,
stalking,
8
or
a
medical
condition
as
a
condition
of
using
sick
and
safe
9
time.
An
employer
who
has
such
information
shall
treat
the
10
information
as
confidential
and
not
disclose
it
without
written
11
consent
of
the
affected
employee,
according
to
new
Code
section
12
91F.11.
13
The
bill
provides
that
the
new
Code
chapter
does
not
prohibit
14
an
employer
from
providing
a
more
generous
sick
and
safe
time
15
policy,
does
not
diminish
an
employer’s
previous
contractual
16
obligations
for
more
generous
sick
and
safe
time,
and
does
not
17
diminish
public
employees’
rights
to
sick
and
safe
time
as
18
provided
by
law.
19
The
bill
encourages
employers
to
offer
paid
sick
and
safe
20
time
as
defined
in
the
bill
to
their
employees.
“Paid
sick
and
21
safe
time”
is
defined
to
mean
time
that
is
compensated
at
the
22
same
hourly
rate
and
with
the
same
benefits,
including
health
23
care
benefits,
as
the
employee
normally
earns
during
hours
24
worked.
25
The
department
of
public
health,
in
consultation
26
with
the
commissioner,
is
to
create
a
poster
and
other
27
informational
materials
which
an
employer
may
use
for
public
28
display
if
the
employer
provides
sick
and
safe
time
to
all
29
employees
in
each
establishment
where
the
poster
and
other
30
informational
materials
are
to
be
displayed.
The
poster
and
31
other
informational
materials
must
comply
with
the
notice
32
requirements
for
sick
and
safe
time
provided
in
the
bill.
33
The
department
is
to
make
the
poster
and
other
informational
34
materials
available
to
an
employer
upon
verification
of
35
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