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Senate
File
2239
-
Introduced
SENATE
FILE
2239
BY
BLAKE
,
DONAHUE
,
DREY
,
BENNETT
,
WAHLS
,
STAED
,
KNOX
,
TOWNSEND
,
DOTZLER
,
WINCKLER
,
BISIGNANO
,
ZIMMER
,
TRONE
GARRIOTT
,
PETERSEN
,
HARDMAN
,
and
WEINER
A
BILL
FOR
An
Act
relating
to
a
family
leave
and
medical
leave
insurance
1
program
that
provides
for
paid,
job-protected
leave
for
2
certain
family
leave
and
medical
leave
reasons
for
eligible
3
employees
of
specified
employers.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
7E.5,
subsection
1,
paragraph
h,
Code
1
2026,
is
amended
to
read
as
follows:
2
h.
The
department
of
workforce
development,
created
3
in
section
84A.1
,
which
has
primary
responsibility
for
4
administering
the
laws
relating
to
unemployment
compensation
5
insurance,
job
placement
and
training,
the
family
leave
and
6
medical
insurance
program,
and
related
matters.
7
Sec.
2.
Section
84A.1,
subsection
1,
Code
2026,
is
amended
8
to
read
as
follows:
9
1.
The
department
of
workforce
development
is
created
to
10
administer
the
laws
of
this
state
relating
to
unemployment
11
compensation
insurance
,
and
job
placement
and
training
,
and
the
12
family
leave
and
medical
leave
insurance
program
.
13
Sec.
3.
NEW
SECTION
.
96A.1
Short
title.
14
This
chapter
may
be
cited
as
the
“Iowa
Family
and
Medical
15
Leave
Act”
.
16
Sec.
4.
NEW
SECTION
.
96A.2
Definitions.
17
As
used
in
this
chapter,
unless
the
context
otherwise
18
requires:
19
1.
“Child”
means
a
biological,
adopted,
or
foster
child,
20
a
stepchild,
a
legal
ward,
or
a
child
of
a
person
standing
in
21
loco
parentis,
regardless
of
the
child’s
age
or
dependency
22
status.
23
2.
“Covered
employer”
means
a
private
sector
employer
who
24
has
ten
or
more
employees
for
each
working
day
during
each
of
25
twenty
or
more
calendar
workweeks
in
the
current
or
previous
26
calendar
year,
and
a
public
employer
without
regard
to
the
27
number
of
employees
employed.
28
3.
“Department”
means
the
department
of
workforce
29
development.
30
4.
“Director”
means
the
director
of
the
department
of
31
workforce
development.
32
5.
“Employee”
means
a
natural
person
who
is
employed
in
33
this
state
for
wages
by
an
employer.
“Employee”
also
includes
34
a
commission
salesperson
who
takes
orders
or
performs
services
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on
behalf
of
a
principal
and
who
is
paid
on
the
basis
of
1
commissions
but
does
not
include
persons
who
purchase
for
2
their
own
account
for
resale.
“Employee”
shall
not
include
an
3
independent
contractor,
a
self-employed
person,
or
a
patient
or
4
inmate
employed
by
a
state
or
local
institution
to
which
the
5
patient
or
inmate
has
been
sentenced
or
committed,
or
any
of
6
the
following
persons
engaged
in
agriculture:
7
a.
The
spouse
of
the
employer
and
a
relative
of
either
the
8
employer
or
the
employer’s
spouse
who
resides
on
the
premises
9
of
the
employer.
10
b.
A
person
engaged
in
agriculture
as
an
owner-operator
11
or
tenant-operator,
and
the
spouse
or
a
relative
of
either
12
an
owner-operator
or
a
tenant-operator
who
resides
on
the
13
premises
while
exchanging
labor
with
the
owner-operator
or
the
14
tenant-operator
for
mutual
benefit.
15
c.
A
neighboring
person
engaged
in
agriculture
who
is
16
exchanging
labor
or
other
services.
17
6.
“Employer”
means
the
same
as
defined
in
91A.2.
18
“Employer”
includes
a
temporary
staffing
agency
or
employment
19
agency.
20
7.
“Employment
benefits”
means
all
benefits
provided
or
21
made
available
to
an
employee
by
an
employer,
including
group
22
life
insurance,
health
insurance,
disability
insurance,
sick
23
leave,
annual
leave,
educational
benefits,
and
pensions
except
24
benefits
that
are
provided
by
a
practice
or
written
policy
of
25
an
employer
or
through
an
employee
benefit
plan
as
defined
in
26
29
U.S.C.
§1002(3).
27
8.
“Family
leave”
means
a
leave
taken
from
work
by
an
28
employee
for
any
of
the
following
reasons:
29
a.
To
participate
in
providing
care,
including
physical
or
30
psychological
care,
for
a
family
member
of
the
employee
made
31
necessary
by
a
serious
health
condition
of
the
family
member.
32
b.
To
bond
with
the
employee’s
child
after
the
child’s
33
birth,
or
with
a
child
under
the
age
of
eighteen
placed
with
34
the
employee
for
adoption
or
foster
care.
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c.
Because
of
a
qualifying
exigency
for
a
family
member
as
1
permitted
under
the
federal
Family
and
Medical
Leave
Act
of
2
1993,
as
amended,
and
federal
regulations
as
provided
in
29
3
C.F.R.
§825.126.
4
9.
“Family
member”
means
a
child,
parent,
or
spouse
of
an
5
employee.
6
10.
“Gross
earnings”
means
the
same
as
defined
in
section
7
85.61.
8
11.
“Health
care
provider”
means
a
physician
or
other
9
health
care
practitioner
licensed,
accredited,
registered,
or
10
certified
to
perform
specified
health
care
services
consistent
11
with
state
law.
12
12.
“In
loco
parentis”
means
an
individual
who
has
13
day-to-day
responsibilities
to
care
for
or
financially
support
14
a
child.
15
13.
“Inpatient
care”
means
an
overnight
stay
in
a
hospital,
16
hospice,
or
residential
medical
care
facility,
including
any
17
period
of
incapacity,
or
any
subsequent
treatment
in
connection
18
with
such
inpatient
care.
19
14.
“Medical
leave”
means
a
leave
from
work
taken
by
an
20
employee
made
necessary
by
the
employee’s
own
serious
health
21
condition.
22
15.
“Parent”
means
a
biological,
adoptive,
step,
or
foster
23
father
or
mother,
or
any
other
individual
who
stands
in
24
loco
parentis
to
an
employee
or
who
stood
in
loco
parentis
25
when
the
employee
was
a
child.
“Parent”
does
not
include
a
26
parent-in-law.
27
16.
“Period
of
incapacity”
means
an
inability
to
work,
28
attend
school,
or
perform
other
regular
daily
activities
due
29
to
a
serious
health
condition,
treatment
of
a
serious
health
30
condition,
or
recovery
from
a
serious
health
condition.
31
17.
“Premium”
or
“premiums”
means
the
payments
required
by
32
section
96A.12
and
paid
to
the
department
for
deposit
in
the
33
family
and
medical
leave
insurance
account
pursuant
to
section
34
96A.22.
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18.
“Public
employer”
means
the
state
of
Iowa,
its
1
boards,
commissions,
agencies,
departments,
and
its
political
2
subdivisions
including
school
districts
and
other
special
3
purpose
districts.
4
19.
“Serious
health
condition”
means
an
illness,
injury,
5
impairment,
physical
condition,
or
mental
condition
that
6
involves
inpatient
care
in
a
hospital,
hospice,
medical
care
7
facility,
or
continued
treatment
or
continuing
supervision
by
8
a
health
care
provider.
9
20.
“Spendable
weekly
earnings”
means
the
amount
remaining
10
after
payroll
taxes
are
deducted
from
an
employee’s
gross
11
weekly
earnings.
12
21.
“Spouse”
means
the
person
with
whom
an
individual
has
13
entered
into
marriage
as
defined
or
recognized
under
state
law
14
for
purposes
of
marriage
in
the
state
in
which
the
marriage
15
was
entered
into
or,
in
the
case
of
a
marriage
entered
into
16
outside
of
any
state,
if
the
marriage
is
valid
in
the
place
17
where
the
marriage
was
entered
into
and
the
marriage
could
have
18
been
entered
into
in
at
least
one
state,
including
a
common
law
19
marriage.
20
22.
“Wages”
means
the
same
as
defined
in
section
91A.2.
21
Sec.
5.
NEW
SECTION
.
96A.3
Benefit
eligibility.
22
An
employee
is
eligible
for
family
leave
and
medical
leave
23
as
provided
in
this
chapter
after
working
for
a
covered
24
employer
for
both
a
minimum
of
twelve
consecutive
months
25
immediately
preceding
the
employee’s
request
for
leave
and
a
26
minimum
of
one
thousand
two
hundred
fifty
hours
during
that
27
twelve-consecutive-month
period.
28
Sec.
6.
NEW
SECTION
.
96A.4
Leave
entitlement
for
a
defined
29
twelve-month
period.
30
1.
An
employee
is
entitled
to
a
maximum
of
twelve
weeks
31
of
family
leave
during
a
defined
period
of
twelve
consecutive
32
months.
33
2.
An
employee
is
entitled
to
a
maximum
of
twelve
weeks
of
34
medical
leave
during
a
defined
period
of
twelve
consecutive
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months
unless
the
employee
experiences
a
serious
health
1
condition,
which
is
pregnancy-related,
that
results
in
a
longer
2
period
of
incapacity
in
which
case
any
extended
medical
leave
3
beyond
twelve
weeks
shall
conform
with
section
216.6.
4
3.
An
employee
is
entitled
to
a
maximum
combined
total
of
5
paid
family
leave
and
medical
leave
of
sixteen
weeks
during
a
6
defined
period
of
twelve
consecutive
months.
7
4.
An
employee
is
not
entitled
to
family
leave
or
medical
8
leave
of
less
than
eight
consecutive
hours.
9
Sec.
7.
NEW
SECTION
.
96A.5
Calculating
the
defined
10
twelve-month
period.
11
The
defined
period
of
twelve
consecutive
months
for
12
calculation
of
an
eligible
employee’s
family
leave
or
medical
13
leave
entitlement
begins
on
any
of
the
following:
14
1.
The
date
of
birth
of
the
employee’s
child,
or
the
date
15
of
placement
of
a
child
for
adoption
or
foster
care
with
the
16
employee.
17
2.
The
first
day
of
family
leave
that
the
employee
takes
for
18
a
family
member’s
serious
health
condition
or
a
family
member’s
19
qualifying
exigency.
20
3.
The
first
day
of
the
employee’s
medical
leave.
21
Sec.
8.
NEW
SECTION
.
96A.6
Disqualification
from
leave
22
entitlement.
23
An
eligible
employee
is
disqualified
for
family
leave
or
24
medical
leave
benefits
under
this
chapter
for
any
of
the
25
following
reasons:
26
1.
An
absence
due
to
the
employee’s
willful
intention
to
27
injure
or
cause
a
sickness
to
the
employee
or
to
the
employee’s
28
family
member.
29
2.
An
injury
or
sickness
caused
by
the
employee
engaging
in
30
an
illegal
act.
31
3.
The
employee’s
absence
due
to
an
employer
taking
any
32
disciplinary
action
against
the
employee.
33
Sec.
9.
NEW
SECTION
.
96A.7
Employee
notice
to
employer
of
34
intent
to
take
leave.
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1.
If
leave
for
the
birth
of
a
child
or
placement
of
a
child
1
for
adoption
or
foster
care
with
an
employee
is
foreseeable,
2
the
employee
shall
provide
written
notice
to
the
employer
not
3
less
than
thirty
calendar
days
before
the
date
the
leave
is
to
4
begin.
5
2.
If
the
birth
of
a
child
or
placement
of
a
child
for
6
adoption
or
foster
care
with
an
employee
requires
leave
to
7
begin
in
less
than
thirty
calendar
days,
the
employee
shall
8
provide
written
notice
to
the
employer
as
far
in
advance
as
is
9
practicable.
10
3.
If
leave
for
a
family
member’s
serious
health
condition
11
or
an
employee’s
serious
health
condition
is
foreseeable
based
12
on
planned
medical
treatment,
the
employee
shall
do
all
of
the
13
following:
14
a.
Make
a
reasonable
effort
to
schedule
such
medical
15
treatment,
subject
to
the
recommendation
of
the
employee’s
or
16
family
member’s
health
care
provider
as
appropriate,
to
not
17
unduly
disrupt
the
operations
of
the
employer.
18
b.
Provide
the
employer
with
not
less
than
thirty
calendar
19
days
prior
written
notice
of
the
employee’s
intention
to
take
20
leave
for
a
family
member’s
serious
health
condition
or
the
21
employee’s
serious
health
condition.
22
4.
If
leave
for
a
family
member’s
serious
health
condition
23
or
an
employee’s
serious
health
condition
is
not
foreseeable,
24
the
employee
shall
provide
written
notice
to
the
employer
as
25
far
in
advance
as
is
practicable.
26
Sec.
10.
NEW
SECTION
.
96A.8
Weekly
claim,
certification,
27
and
verification.
28
Beginning
January
1,
2031,
family
leave
or
medical
leave
29
insurance
benefits
are
payable
to
an
employee
during
a
period
30
in
which
the
employee
is
unable
to
perform
the
employee’s
31
regular
or
customary
work
because
the
employee
is
on
family
32
leave
or
medical
leave
if
the
employee
meets
all
of
the
33
following
requirements:
34
1.
The
employee
files
a
weekly
claim
for
benefits
with
the
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department
as
required
per
rules
adopted
by
the
director.
1
2.
The
employee
meets
the
eligibility
requirements
pursuant
2
to
section
96A.3
or
the
elective
coverage
requirements
pursuant
3
to
section
96A.14.
4
3.
The
employee
consents
to
the
disclosure
of
information
or
5
records
that
may
be
deemed
private
or
confidential
under
state
6
or
federal
law.
Disclosure
of
such
information
and
records
by
7
another
state
agency
or
an
employer
to
the
department
shall
8
be
solely
for
purposes
related
to
the
administration
of
this
9
chapter.
Information
and
records
disclosed
by
an
employee
10
under
this
chapter
shall
not
be
public
records
as
defined
in
11
section
22.1.
12
4.
The
employee
authorizes
the
health
care
provider
of
the
13
employee’s
family
member
or
of
the
employee,
as
applicable,
to
14
complete
a
certification
of
a
serious
health
condition
in
a
15
form
as
required
by
the
director.
16
5.
The
employee
attests
that
written
notice
has
been
17
provided
to
the
employee’s
employer
per
section
96A.7.
18
6.
The
employee
provides
documentation
of
a
family
member’s
19
qualifying
exigency
if
requested
by
the
employee’s
employer.
20
Sec.
11.
NEW
SECTION
.
96A.9
Waiting
period
for
leave
21
benefits.
22
Family
leave
or
medical
leave
insurance
benefits
shall
be
23
payable
to
an
eligible
employee
following
a
waiting
period
24
consisting
of
the
first
seven
calendar
days
of
the
employee’s
25
leave.
However,
no
such
waiting
period
applies
to
a
leave
for
26
the
birth
or
placement
of
a
child
with
an
eligible
employee.
27
Sec.
12.
NEW
SECTION
.
96A.10
Weekly
leave
benefit
amount.
28
1.
The
basis
for
the
calculation
of
a
leave
benefit
amount
29
shall
be
the
weekly
earnings
of
an
eligible
employee
on
the
30
day
the
leave
is
granted.
“Weekly
earnings”
means
the
gross
31
earnings
of
an
employee
to
which
the
employee
would
have
been
32
entitled
had
the
employee
worked
the
employee’s
customary
hours
33
for
the
full
pay
period
in
which
the
employee
is
on
family
34
leave
or
medical
leave.
Weekly
earnings
shall
be
computed
as
35
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follows,
rounded
to
the
nearest
dollar,
for
an
employee
who
is
1
paid
on
the
following
basis:
2
a.
On
a
weekly
pay
period
basis,
the
weekly
earnings
are
the
3
weekly
gross
earnings.
4
b.
On
a
biweekly
pay
period
basis,
the
weekly
earnings
are
5
one-half
of
the
biweekly
gross
earnings.
6
c.
On
a
semimonthly
pay
period
basis,
the
weekly
earnings
7
are
the
semimonthly
gross
earnings
multiplied
by
twenty-four
8
and
then
divided
by
fifty-two.
9
d.
On
a
monthly
pay
period
basis,
the
weekly
earnings
10
are
the
monthly
gross
earnings
multiplied
by
twelve
and
then
11
divided
by
fifty-two.
12
e.
On
a
yearly
pay
period
basis,
the
weekly
earnings
shall
13
be
the
yearly
earnings
divided
by
fifty-two.
14
f.
On
a
daily
or
hourly
basis,
or
by
the
output
of
an
15
employee,
the
weekly
earnings
shall
be
computed
by
dividing
by
16
thirteen
the
earnings,
including
shift
differential
pay
but
17
not
including
overtime
or
premium
pay,
of
the
employee
earned
18
in
the
last
completed
period
of
thirteen
consecutive
calendar
19
weeks
immediately
preceding
the
start
day
of
the
leave.
If
20
the
employee
was
absent
from
employment
for
personal
reasons
21
during
part
of
the
thirteen
calendar
weeks
preceding
the
22
leave,
the
employee’s
weekly
earnings
shall
be
the
amount
the
23
employee
would
have
earned
had
the
employee
worked
when
work
24
was
available
to
other
employees
of
the
employer
in
a
similar
25
occupation.
A
week
that
does
not
fairly
reflect
the
employee’s
26
customary
earnings
shall
be
replaced
by
the
closest
previous
27
week
with
earnings
that
fairly
represent
the
employee’s
28
customary
earnings.
29
2.
If
on
the
date
that
an
employee’s
leave
begins
the
30
employee’s
hourly
earnings
cannot
be
ascertained,
the
earnings
31
for
the
purpose
of
calculating
the
benefit
amount
shall
be
the
32
usual
earnings
for
similar
services
where
such
services
are
33
rendered
by
paid
employees.
34
3.
If
an
employee
earns
either
no
wages,
or
less
than
the
35
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usual
weekly
earnings
of
a
regular
full-time
adult
laborer
1
in
the
line
of
work
in
which
the
employee
is
working
in
that
2
locality,
the
weekly
earnings
shall
be
one-fiftieth
of
the
3
total
earnings
that
the
employee
has
earned
from
all
employment
4
during
the
twelve
consecutive
calendar
months
immediately
5
preceding
the
date
that
the
employee’s
leave
begins.
6
4.
The
weekly
leave
benefit
amount
payable
to
an
employee
7
for
any
one
week
shall
be
eighty
percent
of
the
employee’s
8
spendable
weekly
earnings,
but
shall
not
exceed
an
amount
equal
9
to
two
hundred
percent
of
the
statewide
average
weekly
wage
10
as
calculated
by
the
department
pursuant
to
section
96.1A
and
11
in
effect
on
the
date
that
the
employee’s
leave
commences.
12
However,
the
weekly
leave
benefit
amount
shall
be
a
minimum
13
equal
to
the
lesser
of
the
weekly
leave
benefit
amount
of
a
14
person
whose
gross
weekly
earnings
are
thirty-five
percent
of
15
the
statewide
average
weekly
wage,
or
to
the
spendable
weekly
16
earnings
of
the
employee.
17
Sec.
13.
NEW
SECTION
.
96A.11
Payment
of
benefits
to
an
18
eligible
employee.
19
1.
The
department
shall
send
the
first
benefit
payment
to
20
an
employee
within
ten
calendar
days
after
the
first
properly
21
completed
weekly
claim
from
the
employee
is
received
by
22
the
department.
Subsequent
payments
shall
be
sent
at
least
23
biweekly
to
an
eligible
employee
if
a
properly
completed
weekly
24
claim
from
the
employee
is
received
by
the
department.
25
2.
If
an
employer
contests
an
employee’s
initial
claim
26
for
family
leave
or
medical
leave
benefits,
the
employer
must
27
notify
the
employee
and
the
department
in
the
manner
prescribed
28
by
the
director
within
ten
calendar
days
of
the
employer’s
29
receipt
of
notice
from
the
department
of
the
employee’s
filing
30
of
a
claim
for
benefits
pursuant
to
section
96A.21,
subsection
31
3.
Failure
to
timely
contest
an
initial
application
shall
32
constitute
a
waiver
of
objection
to
the
family
leave
or
medical
33
leave
claim.
34
3.
If
the
department
or
the
employee’s
employer
contests
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an
employee’s
eligibility
for
benefits
after
the
employee
1
begins
receiving
benefits,
the
employee
shall
continue
to
2
be
paid
benefits
conditionally
for
any
weeks
for
which
the
3
employee
files
a
claim
for
benefits.
The
employee’s
right
to
4
retain
such
benefit
payments
shall
be
conditioned
upon
the
5
department’s
finding
that
the
employee
is
eligible
for
such
6
benefit
payments.
7
a.
At
an
employee’s
request,
the
department
shall
hold
8
conditional
benefit
payments
until
the
department
resolves
the
9
employee’s
eligibility
status.
10
b.
Payment
shall
be
issued
promptly
for
any
withheld
benefit
11
payments
if
the
department
determines
that
an
employee
is
12
eligible
for
benefits.
13
c.
If
the
department
determines
that
an
employee
is
14
ineligible
for
the
conditionally
paid
benefits,
the
employee
15
shall
repay
the
overpayment
per
rules
adopted
by
the
director.
16
Sec.
14.
NEW
SECTION
.
96A.12
Funding
the
family
leave
and
17
medical
leave
insurance
program.
18
1.
Beginning
on
January
1,
2030,
and
ending
December
19
31,
2031,
the
department
shall
assess
for
each
employee
20
in
employment
with
a
covered
employer
a
premium
rate
of
21
four-tenths
of
one
percent
of
the
employee’s
wages
based
on
the
22
amount
of
the
wages,
subject
to
subsection
6.
23
a.
The
premium
rate
for
family
leave
benefits
shall
be
equal
24
to
one-third
of
the
total
premium
rate.
25
b.
The
premium
rate
for
medical
leave
benefits
shall
be
26
equal
to
two-thirds
of
the
total
premium
rate.
27
2.
For
calendar
year
2032
and
subsequent
calendar
years
the
28
director
shall
determine
the
percentage
of
paid
claims
related
29
to
family
leave
benefits
and
the
percentage
of
paid
claims
30
related
to
medical
leave
benefits
and
adjust
the
premium
rates
31
set
in
subsection
1
by
the
proportional
share
of
claims
paid
32
for
both
types
of
leave.
33
3.
For
family
leave
premiums
a
covered
employer
may
deduct
34
up
to
forty-five
percent
of
the
full
amount
of
the
required
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premiums
from
the
wages
of
each
employee.
The
remaining
1
fifty-five
percent
of
the
required
premiums
shall
be
paid
by
2
the
covered
employer.
3
4.
For
medical
leave
premiums
a
covered
employer
may
deduct
4
up
to
forty-five
percent
of
the
full
amount
of
the
required
5
premiums
from
the
wages
of
each
employee.
The
remaining
6
fifty-five
percent
of
the
required
premiums
shall
be
paid
by
7
the
covered
employer.
8
5.
A
covered
employer
may
elect
to
pay
all
or
any
portion
of
9
its
employees’
share
of
the
premiums
for
family
leave
benefits
10
or
medical
leave
benefits
or
both.
11
6.
The
director
shall
annually
set
a
maximum
limit
on
the
12
amount
of
an
employee’s
wages
that
are
subject
to
a
premium
13
assessment
under
this
section
that
is
equal
to
the
contribution
14
and
benefit
base
for
the
calendar
year
as
determined
by
the
15
United
States
social
security
administration
for
purposes
of
16
26
U.S.C.
§3121(a).
17
7.
For
calendar
year
2032
and
subsequent
calendar
years,
18
the
total
premium
rate
shall
be
based
on
the
family
leave
and
19
medical
leave
insurance
account
balance
ratio
as
of
September
20
30
of
the
previous
year.
The
director
shall
calculate
the
21
account
balance
ratio
by
dividing
the
balance
of
the
family
22
leave
and
medical
leave
insurance
account
by
the
total
wages
23
paid
by
covered
employers.
The
division
shall
be
carried
24
to
the
fourth
decimal
place
with
the
remaining
fraction
25
disregarded
unless
it
amounts
to
five
hundred
thousandths
or
26
more
in
which
case
the
fourth
decimal
place
shall
be
rounded
27
to
the
next
higher
digit.
If
the
family
leave
and
medical
28
leave
insurance
account
balance
ratio
is
any
of
the
following
29
percentages,
the
premium
shall
be
the
following
percentage
of
30
an
employee’s
wages
subject
to
a
premium
assessment:
31
a.
If
the
ratio
is
zero
to
nine
hundredths
of
one
percent,
32
the
premium
shall
be
six-tenths
of
one
percent.
33
b.
If
the
ratio
is
one-tenth
of
one
percent
to
nineteen
34
hundredths
of
one
percent,
the
premium
shall
be
five-tenths
of
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one
percent.
1
c.
If
the
ratio
is
two-tenths
of
one
percent
to
twenty-nine
2
hundredths
of
one
percent,
the
premium
shall
be
four-tenths
of
3
one
percent.
4
d.
If
the
ratio
is
three-tenths
of
one
percent
to
5
thirty-nine
hundredths
of
one
percent,
the
premium
shall
be
6
three-tenths
of
one
percent.
7
e.
If
the
ratio
is
four-tenths
of
one
percent
to
forty-nine
8
hundredths
of
one
percent,
the
premium
shall
be
two-tenths
of
9
one
percent.
10
f.
If
the
ratio
is
five-tenths
of
one
percent
or
greater,
11
the
premium
shall
be
one-tenth
of
one
percent.
12
8.
Beginning
January
1,
2032,
if
the
account
balance
ratio
13
calculated
in
subsection
7
is
below
five
hundredths
of
one
14
percent,
the
director
shall
assess
a
solvency
surcharge
at
15
the
lowest
rate
necessary
to
provide
revenue
to
pay
for
the
16
administrative
and
benefit
costs
of
family
leave
and
medical
17
leave
insurance
for
the
calendar
year.
The
solvency
surcharge
18
shall
be
at
least
one-tenth
of
one
percent
and
no
more
than
19
six-tenths
of
one
percent
and
shall
be
added
to
the
total
20
premium
rate
assessed
to
each
employee
of
a
covered
employer
21
for
family
leave
and
medical
leave
benefits.
22
9.
A
covered
employer
shall
collect
all
required
premiums
23
and
surcharges
from
the
employer’s
employees
through
payroll
24
deductions
and
shall
remit
the
amount
collected
and
the
amount
25
to
be
paid
by
the
employer
to
the
department
as
required
by
26
rules
adopted
by
the
director.
27
10.
On
September
30
of
each
year
the
department
shall
28
average
the
number
of
employees
reported
by
an
employer
over
29
the
last
four
completed
calendar
quarters
to
determine
the
30
number
of
employees
employed
by
the
employer
for
the
purpose
31
of
determining
if
an
employer
shall
be
considered
a
covered
32
employer
for
the
next
calendar
year.
33
Sec.
15.
NEW
SECTION
.
96A.13
Conditional
waiver
of
premium
34
for
out-of-state
employee.
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1.
An
employer
may
file
an
application
with
the
department
1
for
a
conditional
waiver
of
the
payment
of
family
leave
and
2
medical
leave
premiums
assessed
under
section
96A.12
for
an
3
employee
who
meets
all
of
the
following
requirements:
4
a.
The
employee
is
physically
based
outside
of
the
state.
5
b.
The
employee
physically
works
in
the
state
on
a
limited
6
or
temporary
work
schedule.
7
c.
The
employee
is
not
expected
to
physically
work
in
the
8
state
for
one
thousand
two
hundred
fifty
hours
or
more
during
9
any
consecutive
twelve-month
period.
10
2.
The
department
shall
approve
an
application
that
is
11
signed
by
both
the
employee
and
the
employee’s
employer
12
attesting
to
compliance
with
the
requirements
of
subsection
1.
13
3.
If
the
employee
physically
works
in
the
state
for
one
14
thousand
two
hundred
fifty
hours
or
more
in
any
consecutive
15
twelve-month
period,
the
conditional
waiver
shall
expire
and
16
the
employer
and
employee
shall
be
responsible
for
all
premiums
17
pursuant
to
section
96A.12
for
the
consecutive
twelve-month
18
period
in
which
the
employee
worked
one
thousand
two
hundred
19
fifty
hours
or
more.
Upon
submission
of
the
premiums
by
the
20
employer
to
the
department,
the
employee
shall
be
credited
for
21
the
hours
worked
during
that
consecutive
twelve-month
period
22
and
shall
be
eligible
for
benefits
under
this
chapter.
23
Sec.
16.
NEW
SECTION
.
96A.14
Self-employed
persons
elective
24
participation
in
the
family
leave
and
medical
leave
insurance
25
program.
26
1.
A
self-employed
person
electing
to
participate
in
the
27
family
leave
and
medical
leave
insurance
program
shall
be
28
considered
either
an
employer
or
employee
under
this
chapter
29
as
the
context
dictates.
30
2.
For
benefits
payable
beginning
January
1,
2032,
a
31
self-employed
person
may
elect
to
participate
in
the
family
32
leave
and
medical
leave
insurance
program
under
this
chapter
33
if
the
self-employed
person
meets
all
of
the
following
34
requirements:
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a.
The
initial
participation
period
for
the
self-employed
1
person
must
be
a
minimum
of
three
years.
2
b.
Any
subsequent
participation
period
by
the
self-employed
3
person
must
be
for
a
minimum
of
one
year.
4
c.
The
self-employed
person
must
participate
in
both
family
5
leave
and
medical
leave.
6
d.
One
hundred
percent
of
all
premiums
assessed
by
7
the
department
under
section
96A.12
shall
be
paid
by
the
8
self-employed
person.
9
3.
A
self-employed
person
shall
file
a
written
notice
of
10
election
of
elective
coverage
with
the
department
in
the
manner
11
required
by
the
director.
12
4.
A
self-employed
person
shall
be
eligible
for
13
family
leave
and
medical
leave
benefits
after
working
one
14
thousand
two
hundred
fifty
hours
in
the
state
during
the
15
twelve-consecutive-month
period
immediately
following
the
date
16
of
the
written
notice
the
self-employed
person
filed
pursuant
17
to
subsection
3.
18
5.
A
self-employed
person
who
has
elected
coverage
may
19
withdraw
from
coverage
within
thirty
calendar
days
after
the
20
end
of
each
participation
period
pursuant
to
subsection
2,
21
paragraph
“a”
or
“b”
,
by
filing
a
written
notice
of
withdrawal
22
as
required
pursuant
to
the
rules
adopted
by
the
director.
The
23
withdrawal
shall
take
effect
no
sooner
than
thirty
calendar
24
days
after
the
self-employed
person
files
the
notice
of
25
withdrawal.
26
6.
If
a
self-employed
person
fails
to
submit
the
required
27
premium
payments,
the
department
may
cancel
the
person’s
28
elective
coverage.
The
cancellation
shall
be
effective
no
29
sooner
than
thirty
days
from
the
date
of
a
written
notice
30
from
the
department
to
the
self-employed
person
advising
the
31
self-employed
person
of
the
impending
cancellation
of
the
32
self-employed
person’s
elective
coverage.
The
department
shall
33
collect
all
due
and
unpaid
premiums
from
the
self-employed
34
person
for
the
remainder
of
the
applicable
participation
period
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pursuant
to
subsection
2,
paragraph
“a”
or
“b”
.
1
Sec.
17.
NEW
SECTION
.
96A.15
Employment
protection.
2
1.
An
eligible
employee
who
takes
family
leave
or
medical
3
leave
under
this
chapter
is
entitled
to
either
of
the
following
4
on
the
employee’s
return
from
leave:
5
a.
To
be
restored
to
the
same
position
held
by
the
employee
6
when
the
employee’s
leave
commenced.
7
b.
To
be
restored
to
an
equivalent
position
with
equivalent
8
employment
benefits,
pay,
and
other
terms
and
conditions
of
9
employment.
10
2.
As
a
condition
of
restoration
under
subsection
1
for
an
11
employee
who
has
taken
medical
leave,
the
employer
may
apply
12
a
uniform
policy
to
the
employee
that
requires
an
employee
to
13
provide
certification
from
the
employee’s
health
care
provider
14
that
the
employee
is
able
to
resume
work.
15
3.
Taking
leave
under
this
chapter
shall
not
result
in
the
16
loss
of
any
employment
benefits
accrued
by
an
employee
prior
to
17
the
date
on
which
the
employee’s
leave
commenced.
18
4.
This
section
shall
not
be
construed
to
entitle
a
restored
19
employee
to
any
of
the
following:
20
a.
The
accrual
of
any
seniority
or
employment
benefits
21
during
any
period
of
leave.
22
b.
Any
right,
benefit,
or
position
of
employment
other
than
23
any
right,
benefit,
or
position
of
employment
to
which
the
24
employee
would
have
been
entitled
had
the
employee
not
taken
25
leave.
26
5.
This
section
shall
not
be
construed
to
prohibit
an
27
employer
from
requiring
an
employee
on
leave
to
report
28
periodically
to
the
employer
on
the
status
and
intention
of
the
29
employee
to
return
to
work.
30
6.
An
employer
may
deny
restoration
under
this
section
to
31
a
salaried
employee
who
is
among
the
ten
percent
highest-paid
32
employees
employed
by
the
employer
within
seventy-five
miles
33
of
the
facility
at
which
the
employee
is
employed
if
all
of
the
34
following
apply:
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a.
Denial
of
restoration
is
necessary
to
prevent
substantial
1
and
grievous
economic
injury
to
the
operations
of
the
employer.
2
b.
The
employer
notifies
the
employee
of
the
intent
of
the
3
employer
to
deny
restoration
on
such
basis
at
the
time
the
4
employer
determines
such
basis
exists.
5
c.
The
employee
is
on
leave
and
elects
not
to
return
6
to
employment
after
receiving
the
employer’s
notice
of
the
7
employer’s
intent
not
to
restore
the
employee.
8
7.
This
section
shall
not
be
construed
as
providing
an
9
employee
greater
restoration
rights
than
those
required
under
10
the
federal
Family
and
Medical
Leave
Act
of
1993,
as
amended.
11
Sec.
18.
NEW
SECTION
.
96A.16
Maintenance
of
existing
health
12
benefits.
13
If
required
by
the
federal
Family
and
Medical
Leave
14
Act
of
1993,
as
amended,
an
employer
shall
maintain
any
15
existing
health
benefits
of
an
employee
for
the
duration
of
16
an
employee’s
leave
under
this
chapter.
If
the
employer
and
17
the
employee
normally
share
the
cost
of
such
existing
health
18
benefits,
the
employee
shall
remain
responsible
for
the
19
employee’s
share
of
the
cost
of
such.
20
Sec.
19.
NEW
SECTION
.
96A.17
Employer
submission
of
reports
21
and
maintenance
of
records.
22
1.
Pursuant
to
rules
adopted
by
the
director,
an
employer
23
shall
submit
reports
and
furnish
information
related
to
24
the
family
leave
and
medical
leave
insurance
program
to
the
25
director.
26
2.
An
employer
shall
maintain
at
the
employer’s
primary
27
place
of
business
a
record
of
employment
for
each
employee
from
28
which
any
information
needed
by
the
department
for
purposes
of
29
this
chapter
may
be
obtained.
Such
record
shall
be
maintained
30
for
ten
years
from
the
date
on
which
an
eligible
employee
31
applies
for
family
leave
or
medical
leave
under
this
chapter.
32
The
record
shall
be
open
for
inspection
by
the
director
at
all
33
times.
All
personnel
records
and
employee
medical
records
34
shall
be
maintained
by
the
employer
in
compliance
with
all
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applicable
federal
and
state
laws.
1
Sec.
20.
NEW
SECTION
.
96A.18
Coordination
of
family
leave
2
and
medical
leave
with
other
laws
and
with
employer
policies.
3
1.
Family
leave
or
medical
leave
taken
by
an
employee
under
4
this
chapter
shall
be
in
addition
to
any
leave
available
to
5
an
employee
as
required
by
applicable
state
or
federal
law
6
for
sickness
or
temporary
disability
because
of
pregnancy
or
7
childbirth.
8
2.
Family
leave
or
medical
leave
taken
by
an
employee
under
9
this
chapter
shall
be
taken
concurrently
with
any
leave
taken
10
under
the
federal
Family
and
Medical
Leave
Act
of
1993,
as
11
amended.
12
3.
An
employer
may
allow
an
employee
who
has
accrued
13
vacation,
sick,
or
other
paid
time
off
to
choose
to
use
either
14
such
accrued
time
or
to
receive
paid
family
leave
or
medical
15
leave
insurance
benefits
under
this
chapter.
16
Sec.
21.
NEW
SECTION
.
96A.19
Relationship
to
other
state
17
and
federal
benefits.
18
In
any
week
an
employee
is
eligible
to
receive
benefits
under
19
chapter
85,
85A,
85B,
or
96,
or
any
other
applicable
state
or
20
federal
unemployment
compensation,
workers’
compensation,
or
21
disability
insurance
laws,
the
employee
is
disqualified
from
22
receiving
family
leave
or
medical
leave
insurance
benefits
23
under
this
chapter.
24
Sec.
22.
NEW
SECTION
.
96A.20
Discrimination
prohibited.
25
This
chapter
shall
not
be
construed
to
modify
or
affect
any
26
federal,
state,
or
local
law
prohibiting
discrimination
on
the
27
basis
of
age,
race,
creed,
color,
sex,
sexual
orientation,
28
gender
identity,
national
origin,
religion,
disability,
or
29
other
protected
category.
30
Sec.
23.
NEW
SECTION
.
96A.21
Department
to
administer
31
family
leave
and
medical
leave
insurance
program
and
conduct
32
outreach.
33
1.
The
director
shall
establish
and
administer
the
family
34
leave
and
medical
leave
insurance
program
and
disburse
family
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leave
and
medical
leave
benefits
to
an
eligible
employee
as
1
specified
in
this
chapter.
2
2.
The
director
shall
establish
procedures
and
forms
for
3
an
employee
to
file
an
application
for
benefits
under
this
4
chapter.
5
3.
The
department
shall
notify
an
employer
within
five
6
business
days
of
an
employee
filing
a
claim
for
family
leave
or
7
medical
leave
insurance
benefits.
8
4.
Information
and
records
pertaining
to
an
employee
under
9
this
chapter
that
are
maintained
by
the
department
shall
10
be
confidential
and
shall
only
be
available
to
department
11
personnel
in
the
performance
of
official
duties.
12
5.
The
director
shall
develop
and
implement
an
outreach
13
program
to
ensure
that
employers
and
employees
are
aware
of
14
the
family
leave
and
medical
leave
insurance
program
and
are
15
aware
of
the
leave
benefits
available
to
eligible
employees.
16
Outreach
information
shall
explain
in
an
easy-to-understand
17
format
all
of
the
following:
18
a.
Eligibility
requirements.
19
b.
The
application
process.
20
c.
How
weekly
benefits
are
calculated
and
the
minimum
and
21
maximum
weekly
benefit
amount.
22
d.
Restoration
rights.
23
e.
Nondiscrimination
rights.
24
f.
Confidentiality.
25
g.
The
relationship
between
employment
protection,
leave
26
from
employment,
wage
replacement
benefits
under
this
chapter
27
and
other
laws,
and
employer
policies.
28
6.
The
department
shall
be
authorized
to
inspect
and
audit
29
an
employer’s
files
and
records
relating
to
the
family
leave
30
and
medical
leave
insurance
program
under
this
chapter.
31
Sec.
24.
NEW
SECTION
.
96A.22
Family
leave
and
medical
leave
32
insurance
account.
33
1.
The
family
leave
and
medical
leave
insurance
account
34
is
created
as
a
separate
account
in
the
state
treasury
in
the
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custody
of
the
treasurer
of
state.
1
2.
The
director
shall
deposit
all
receipts
from
premiums
2
imposed
pursuant
to
sections
96A.12,
96A.13,
and
96A.14
into
3
the
account.
Expenditures
from
the
account
shall
be
used
4
only
for
the
purposes
of
the
family
leave
and
medical
leave
5
insurance
program
and
only
as
authorized
by
the
director.
6
3.
All
premiums
deposited
in
the
account
shall
remain
in
7
the
account
until
expended
pursuant
to
the
requirements
of
this
8
chapter.
9
Sec.
25.
NEW
SECTION
.
96A.23
Rules.
10
The
director
shall
adopt
rules
pursuant
to
chapter
17A
to
11
implement
and
administer
this
chapter.
12
Sec.
26.
NEW
SECTION
.
96A.24
Enforcement.
13
The
director
may
take
any
action
under
the
director’s
14
authority
to
enforce
compliance
with
this
chapter.
15
Sec.
27.
DIRECTOR
ANALYSIS
OF
FUNDING
THE
FAMILY
LEAVE
16
AND
MEDICAL
LEAVE
INSURANCE
PROGRAM
AND
REPORT
TO
THE
GENERAL
17
ASSEMBLY.
18
1.
The
director
of
the
department
of
workforce
development
19
shall
conduct
an
analysis
of
the
family
leave
and
medical
20
leave
insurance
program
as
funded
pursuant
to
section
96A.12,
21
as
enacted
in
this
Act,
and
of
the
benefits
paid
pursuant
22
to
section
96A.10,
as
enacted
in
this
Act.
The
director
23
shall
determine
if
the
premium
rates
and
benefit
levels
are
24
appropriate
to
fully
fund
and
maintain
the
solvency
of
the
25
family
leave
and
medical
leave
insurance
account.
26
2.
The
director
shall
submit
the
director’s
findings
to
27
the
general
assembly
pursuant
to
section
7A.11
no
later
than
28
January
12,
2027.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
a
family
leave
and
medical
leave
33
insurance
program
(program),
administered
by
the
director
of
34
the
department
of
workforce
development,
that
provides
for
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paid,
job-protected
leave
for
certain
family
leave
and
medical
1
leave
reasons
for
eligible
employees
of
specified
employers.
2
An
employee
is
eligible
for
family
leave
and
medical
leave
3
after
working
for
a
covered
employer,
as
defined
in
the
bill,
4
for
a
minimum
of
12
consecutive
months
and
a
minimum
of
1,250
5
hours
during
the
12
consecutive-month
period
immediately
6
preceding
the
employee’s
request
for
leave.
“Family
leave”
and
7
“medical
leave”
are
defined
in
the
bill.
Family
leave
includes
8
leave
to
care
for
an
immediate
family
member
with
a
serious
9
health
condition,
to
bond
with
a
newborn
child
or
adopted
or
10
foster
child,
or
for
a
qualifying
exigency
for
a
family
member
11
as
permitted
under
the
federal
Family
and
Medical
Leave
Act
of
12
1993,
as
amended
(FMLA).
Medical
leave
includes
leave
due
to
13
the
employee’s
own
serious
health
condition.
“Serious
health
14
condition”
is
defined
in
the
bill.
15
The
bill
provides
that
an
eligible
employee
may
not
receive
16
more
than
12
weeks
of
family
leave,
12
weeks
of
medical
leave,
17
or
16
weeks
of
combined
family
and
medical
leave
in
a
defined
18
consecutive
12-month
period.
The
defined
consecutive
12-month
19
period
begins
on
the
date
of
the
birth
of
a
child
or
placement
20
of
a
child
for
adoption
or
foster
care
with
an
eligible
21
employee,
or
on
the
first
date
that
an
eligible
employee
takes
22
either
family
leave
or
medical
leave.
The
minimum
duration
of
23
leave
an
eligible
employee
may
take
is
eight
consecutive
hours.
24
The
bill
disqualifies
an
employee
from
family
leave
and
25
medical
leave
benefits
under
circumstances
detailed
in
the
26
bill.
27
An
employee
must
provide
a
minimum
of
30
days’
notice
28
to
an
employer
of
the
employee’s
intent
to
take
leave.
If
29
circumstances
require
an
employee’s
leave
to
begin
in
less
30
than
30
days,
the
employee
must
give
as
much
notice
as
is
31
practicable.
If
an
eligible
employee
requests
medical
leave
32
or
family
leave,
the
employee
must
make
a
reasonable
effort
to
33
schedule
their
own,
or
their
family
member’s,
medical
treatment
34
to
not
unduly
disrupt
the
employer’s
operations.
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The
bill
requires
an
eligible
employee
to
file
a
claim
1
for
benefits
as
required
by
the
director.
The
employee
2
must
consent
to
the
disclosure
of
private
or
confidential
3
information
to
and
from
the
department,
and
the
employee’s
4
employer,
for
administration
of
the
leave.
The
bill
specifies
5
that
such
information
is
not
a
public
record
pursuant
to
Code
6
section
22.1.
The
employee
must
attest
that
the
employee
has
7
provided
notice
of
intent
to
take
leave
to
the
employee’s
8
employer.
The
employee
must
also
authorize
the
employee’s,
9
or
the
employee’s
family
member’s
health
care
provider,
to
10
complete
a
certification
of
a
serious
health
condition.
11
The
bill
provides
for
a
seven-day
waiting
period
before
12
benefits
are
payable.
There
is
no
waiting
period
for
benefits
13
for
leave
for
the
birth
of
a
child
or
placement
of
a
child
for
14
adoption
or
foster
care.
15
The
basis
for
the
calculation
of
the
amount
of
a
family
16
leave
or
medical
leave
benefit
is
an
eligible
employee’s
weekly
17
earnings
as
defined
in
the
bill.
The
weekly
leave
benefit
18
amount
payable
to
an
employee
is
detailed
in
the
bill.
19
The
department
must
send
the
first
benefit
payment
to
an
20
eligible
employee
within
10
days
after
a
properly
completed
21
weekly
claim
for
benefits
is
received
by
the
department.
If
22
the
employee
continues
to
submit
a
properly
completed
weekly
23
claim,
subsequent
payments
are
to
be
made
at
least
biweekly.
24
If
an
employer,
or
the
department,
contests
an
employee’s
25
eligibility,
benefit
payments
may
be
made
on
a
conditional
26
basis.
The
employee
is
required
to
pay
the
benefits
back
if
27
the
department
later
rules
that
the
employee
is
ineligible
for
28
the
benefits.
29
The
bill
provides
that
the
program
shall
be
funded
via
30
employee
and
employer
contributions.
Beginning
on
January
1,
31
2030,
and
ending
on
December
31,
2031,
the
department
must
32
assess
a
covered
employer
a
premium
rate
of
four-tenths
of
one
33
percent
of
an
employee’s
weekly
wages,
subject
to
a
maximum
as
34
determined
by
the
director
based
on
the
maximum
wages
subject
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to
taxation
for
social
security.
One-third
of
the
premium
1
is
to
be
used
to
fund
family
leave
insurance
benefits
and
2
two-thirds
of
the
premium
is
to
be
used
to
fund
medical
leave
3
benefits.
A
covered
employer
may
deduct
up
to
45
percent
of
4
the
medical
leave
premium
and
45
percent
of
the
family
leave
5
premium
from
an
employee’s
wage.
The
employer
must
pay
the
6
remaining
55
percent
of
both
the
medical
leave
and
family
7
leave
premiums,
and
may
elect
to
pay
all
or
any
portion
of
its
8
employees’
share
of
such
premiums.
Beginning
January
1,
2032,
9
the
premium
rate
shall
be
calculated
by
the
director
based
on
10
the
family
leave
and
medical
leave
insurance
account
balance
11
ratio
as
of
September
30
of
the
previous
calendar
year.
The
12
premium
rate
is
adjusted
based
on
the
balance
ratio
as
detailed
13
in
the
bill.
14
On
September
30
of
each
year,
the
bill
requires
the
15
department
to
average
the
number
of
employees
reported
by
an
16
employer
over
the
last
four
completed
calendar
quarters
to
17
determine
if
the
employer
is
a
covered
employer
for
the
next
18
calendar
year.
19
The
bill
requires
a
covered
employer
to
collect
all
assessed
20
premiums
and
surcharges
from
the
employer’s
employees
through
21
payroll
deduction
and
to
remit
all
premiums
to
the
department
22
as
required
by
the
director.
23
An
employer
may
apply
for,
and
the
director
must
grant,
a
24
waiver
of
premiums
for
an
employee
who
is
located
physically
25
outside
of
the
state
and
not
expected
to
work
in
the
state
for
26
1,250
or
more
hours
in
any
consecutive
12-month
period.
If
27
the
employee
subsequently
works
1,250
or
more
hours
within
28
the
state,
the
employer
and
employee
are
responsible
for
all
29
premiums
that
should
have
been
collected.
30
Self-employed
persons
may
elect
to
participate
in
the
31
program
as
detailed
in
the
bill.
32
An
eligible
employee
who
takes
family
leave
or
medical
leave
33
is
entitled
to
restoration
of
employment
equal
to
but
not
34
greater
than
that
provided
by
FMLA.
The
bill
provides
that
if
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required
under
FMLA,
an
employer
must
maintain
any
existing
1
health
benefits
during
an
employee’s
leave.
If
the
employer
2
and
employee
normally
share
the
cost
of
such,
the
employee
is
3
responsible
for
paying
the
employee’s
share
of
the
costs.
4
A
covered
employer
must
submit
reports
as
required
by
the
5
director
and
maintain
employment
records
for
each
employee
6
from
which
the
director
may
obtain
information
related
to
an
7
employee’s
leave.
Such
records
must
be
maintained
for
10
8
years.
9
The
bill
provides
that
family
leave
or
medical
leave
shall
10
be
in
addition
to
leave
required
under
state
or
federal
law
11
for
sickness
or
temporary
disability
due
to
pregnancy
or
12
childbirth.
The
bill
requires
family
leave
or
medical
leave
13
taken
under
this
program
to
be
taken
concurrently
with
leave
14
taken
under
FMLA.
A
covered
employer
may
allow
an
employee
15
to
choose
to
use
either
accrued
sick
or
vacation
benefits,
or
16
family
leave
and
medical
leave
benefits.
An
employee
cannot
17
receive
family
or
medical
leave
benefits
at
the
same
time
the
18
employee
is
receiving
state
or
federal
unemployment,
workers’
19
compensation,
or
disability
benefits.
The
bill
prohibits
20
discrimination
on
the
basis
of
any
state
or
federally
protected
21
category.
22
The
bill
requires
the
director
to
administer
the
program
and
23
to
provide
outreach
to
ensure
that
employers
and
employees
are
24
aware
of
the
program
and
the
benefits
available
under
such.
25
The
bill
provides
that
a
family
leave
and
medical
leave
26
insurance
account
shall
be
created
in
the
custody
of
the
27
treasurer
of
state.
The
director
shall
deposit
all
premiums
28
collected
from
employers
into
such
account
and
the
account
can
29
only
be
used
for
the
program
as
authorized
by
the
director.
30
The
bill
requires
the
director
to
adopt
rules
to
implement
31
and
administer
the
provisions
of
the
bill.
The
director
may
32
take
any
action
under
the
director’s
authority
to
enforce
33
compliance
with
the
bill.
34
The
director
is
required
to
analyze
the
funding
of
the
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program
and
the
benefits
payable
from
the
program’s
account.
1
The
director
shall
determine
if
the
premium
rates
and
the
2
benefit
levels
are
appropriate
to
fully
fund
and
maintain
the
3
solvency
of
the
program.
The
director
must
submit
the
findings
4
to
the
general
assembly
no
later
than
January
12,
2027.
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