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House
File
2266
-
Introduced
HOUSE
FILE
2266
BY
CROKEN
,
MADISON
,
and
KURTH
A
BILL
FOR
An
Act
providing
for
family
medical
leave
for
grandparents
and
1
providing
penalties
and
remedies.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
10A.202,
subsection
2,
Code
2026,
is
1
amended
to
read
as
follows:
2
2.
The
department
is
responsible
for
the
administration
of
3
the
laws
of
this
state
under
chapters
88A
,
88B
,
89
,
89A
,
90A
,
4
91A
,
91C
,
91D
,
91E
,
91F,
and
92
,
and
such
other
labor-services
5
duties
assigned
to
the
department
or
director.
6
Sec.
2.
Section
10A.204,
subsection
3,
Code
2026,
is
amended
7
to
read
as
follows:
8
3.
The
director,
in
consultation
with
the
labor
9
commissioner,
shall,
at
the
time
provided
by
law,
make
an
10
annual
report
to
the
governor
setting
forth
in
appropriate
11
form
the
business
and
expense
of
the
division
and
department
12
under
this
subchapter
for
the
preceding
year,
the
number
13
of
remedial
actions
taken
under
chapter
89A
,
the
number
of
14
disputes
or
violations
processed
by
the
division
or
department
15
and
the
disposition
of
the
disputes
or
violations,
and
other
16
matters
pertaining
to
the
division
or
department
under
this
17
subchapter
which
that
are
of
public
interest,
together
with
18
recommendations
for
change
or
amendment
of
the
laws
in
this
19
chapter
and
chapters
88
,
88A
,
88B
,
89
,
89A
,
89B
,
90A
,
91A
,
91C
,
20
91D
,
91E
,
91F,
and
92
,
and
sections
85.67A
and
85.68
,
and
the
21
recommendations,
if
any,
shall
be
transmitted
by
the
governor
22
to
the
first
general
assembly
in
session
after
the
report
is
23
filed.
24
Sec.
3.
NEW
SECTION
.
91F.1
Definitions.
25
As
used
in
this
chapter,
unless
the
context
otherwise
26
requires:
27
1.
“Director”
means
the
director
of
the
department
of
28
inspections,
appeals,
and
licensing.
29
2.
“Employee”
means
the
same
as
defined
in
the
federal
30
Family
and
Medical
Leave
Act
of
1993,
as
codified
in
29
U.S.C.
31
§825.102.
32
3.
“Employer”
means
the
same
as
defined
in
the
federal
33
Family
and
Medical
Leave
Act
of
1993,
as
codified
in
29
U.S.C.
34
§825.102.
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4.
“Family
and
Medical
Leave
Act
of
1993”
means
29
U.S.C.
1
§825.100
et
seq.,
and
includes
all
implementing
regulations
2
thereof.
3
Sec.
4.
NEW
SECTION
.
91F.2
Grandparents
——
family
medical
4
leave.
5
1.
An
employee
who
is
a
grandparent
shall
have
the
same
6
rights
provided
to
an
employee
under
the
federal
Family
and
7
Medical
Leave
Act
of
1993.
An
employer
of
such
an
employee
8
shall
be
subject
to
the
same
requirements
as
an
employer
under
9
the
federal
Family
and
Medical
Leave
Act
of
1993.
10
2.
Notwithstanding
subsection
1,
the
rights
provided
to
11
an
employee
under
the
federal
Family
and
Medical
Leave
Act
of
12
1993
shall
be
modified
as
follows
for
purposes
of
this
chapter.
13
In
all
other
respects,
the
rights
provided
under
this
chapter
14
shall
be
the
same
as
those
provided
under
the
federal
Family
15
and
Medical
Leave
Act
of
1993.
An
employee
shall
be
eligible
16
for
leave
for
all
of
the
following:
17
a.
For
the
birth
of
a
grandchild
and
to
care
for
the
newborn
18
child
within
one
year
of
birth.
19
b.
To
care
for
the
employee’s
grandchild
who
has
a
serious
20
health
condition.
21
c.
For
any
qualifying
exigency
arising
out
of
the
fact
22
that
the
employee’s
grandchild
is
a
covered
military
member
on
23
covered
active
duty.
24
d.
To
care
for
a
covered
service
member
with
a
serious
25
injury
or
illness
if
the
eligible
employee
is
the
service
26
member’s
grandparent.
27
Sec.
5.
NEW
SECTION
.
91F.3
Enforcement
——
rules.
28
1.
The
director
shall
enforce
this
chapter.
This
chapter
29
shall
be
enforced
pursuant
to
chapter
91A.
30
2.
The
director
shall
adopt
rules
pursuant
to
chapter
31
17A
to
administer
this
chapter.
Such
rules
may
establish
32
additional
procedures,
requirements,
and
definitions
necessary
33
to
implement
this
chapter.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
provides
that
an
employee
who
is
a
grandparent
3
shall
have
the
same
rights
provided
to
an
employee
under
the
4
federal
Family
and
Medical
Leave
Act
of
1993
(the
Act).
The
5
bill
provides
that
an
employer
of
such
an
employee
shall
be
6
subject
to
the
same
requirements
as
an
employer
under
the
Act.
7
“Employee”
and
“employer”
mean
the
same
as
defined
in
the
Act.
8
The
bill
provides
for
modification
of
such
rights.
The
9
modifications
include
that
an
employee
is
entitled
to
leave
for
10
the
birth
of
a
grandchild
and
to
care
for
the
newborn
child
11
within
one
year
of
birth;
to
care
for
the
employee’s
grandchild
12
who
has
a
serious
health
condition;
for
any
qualifying
exigency
13
arising
out
of
the
fact
that
the
employee’s
grandchild
is
a
14
covered
military
member
on
covered
active
duty;
and
to
care
for
15
a
covered
service
member
with
a
serious
injury
or
illness
if
16
the
eligible
employee
is
the
service
member’s
grandparent.
17
The
bill
is
enforced
by
the
director
of
the
department
of
18
inspections,
appeals,
and
licensing.
The
bill
is
enforced
19
pursuant
to
Code
chapter
91A,
which
provides
for
civil
remedies
20
and
penalties.
21
The
bill
requires
the
director
to
adopt
administrative
22
rules
to
administer
the
bill,
which
may
establish
additional
23
procedures,
requirements,
and
definitions
necessary
to
24
implement
the
bill.
25
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