A bill for an act providing for paid family and medical leave to certain employees who have a child receiving inpatient care in a neonatal intensive care unit.

Senate

File

2248

-

Introduced

SENATE

FILE

2248

BY

DONAHUE

A

BILL

FOR

An

Act

providing

for

paid

family

and

medical

leave

to

certain

1

employees

who

have

a

child

receiving

inpatient

care

in

a

2

neonatal

intensive

care

unit.

3

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

4

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2248

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

an

individual

employed

for

wages

in

this

30

state.

31

3.

“Employer”

means

a

person

who

employs

ten

or

more

32

full-time

employees

in

this

state.

33

Sec.

4.

NEW

SECTION

.

91F.2

Paid

family

and

medical

leave

——

34

neonatal

intensive

care

unit.

35

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2248

An

employer

shall

provide

an

employee

who

has

a

child

1

receiving

inpatient

care

in

a

neonatal

intensive

care

unit

with

2

paid

family

and

medical

leave

for

the

duration

the

child

is

3

receiving

care

in

the

unit,

up

to

twelve

weeks.

Such

leave

4

shall

be

compensated

at

the

same

hourly

rate

or

salary

and

5

with

the

same

benefits,

including

health

care

benefits,

as

the

6

employee

normally

earns

during

hours

worked.

7

Sec.

5.

NEW

SECTION

.

91F.3

Civil

penalty.

8

An

employer

who

violates

section

91F.2

is

liable

to

an

9

employee

for

back

pay

and

any

other

equitable

relief

the

court

10

deems

appropriate,

including

attorney

fees

and

costs.

11

Sec.

6.

NEW

SECTION

.

91F.4

Enforcement.

12

The

director

shall

have

the

authority

to

enforce

this

13

chapter

and

investigate

alleged

violations

of

this

chapter.

14

Sec.

7.

NEW

SECTION

.

91F.5

Rules.

15

The

director

shall

adopt

rules

pursuant

to

chapter

17A

to

16

administer

this

chapter.

17

EXPLANATION

18

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

19

the

explanation’s

substance

by

the

members

of

the

general

assembly.

20

This

bill

requires

an

employer

who

employs

10

or

more

21

full-time

employees

in

Iowa

to

provide

an

employee

who

has

a

22

child

receiving

inpatient

care

in

a

neonatal

intensive

care

23

unit

with

paid

family

and

medical

leave

for

the

duration

the

24

child

is

receiving

care

in

the

unit,

up

to

12

weeks.

Such

leave

25

shall

be

compensated

at

the

same

hourly

rate

or

salary

and

26

with

the

same

benefits,

including

health

care

benefits,

as

the

27

employee

normally

earns

during

hours

worked.

28

An

employer

who

violates

this

requirement

is

liable

to

an

29

employee

for

back

pay

and

any

other

equitable

relief

the

court

30

deems

appropriate,

including

attorney

fees

and

costs.

31

The

bill

provides

the

director

of

the

department

of

32

inspections,

appeals,

and

licensing

the

authority

to

enforce

33

and

investigate

alleged

violations

of

the

bill.

34

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