Senate File 437 - Introduced
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB
1062)
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:
TLSB 1493SV (2) 86
je/sc
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 43.4A 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.
2 35 EXPLANATION
3 1 The inclusion of this explanation does not constitute agreement with
3 2 the explanation's substance by the members of the general assembly.
3 3 This bill provides that a person shall be entitled to unpaid
3 4 time off from work to attend a presidential precinct caucus
3 5 for up to four hours beginning one hour prior to the start
3 6 of the precinct caucus. The bill provides that the employee
3 7 shall make a written application with their employer for such
3 8 absence two weeks prior to the caucus and the employee is not
3 9 liable for any penalty nor shall any deduction be made from the
3 10 person's regular salary or wages except for the period of time
3 11 of the absence.
3 12 The bill provides that the requirement to allow time off
3 13 does not apply if the person is employed in a position that
3 14 affects the protection of public health or safety or by an
3 15 entity that would experience severe economic disruption due
3 16 to the person's absence. Such employer must file a written
3 17 notice with the county commissioner of elections specifying the
3 18 exigent circumstances justifying the denial of such leave and
3 19 the minimum number of persons needed, by position, to protect
3 20 public health and safety or maintain minimum operational
3 21 capacity, and that the number of persons not applying for leave
3 22 is less than the minimum number specified by the employer.
3 23 The denial of leave for those number of persons needed to
3 24 reach the minimum staffing number specified must be done in a
3 25 nondiscriminatory manner.
3 26 The bill also permits an employer, in lieu of providing
3 27 unpaid leave, to provide paid leave for the absence or to allow
3 28 affected employees the option to work the hours of the absence
3 29 at another time to the extent permitted by law so long as
3 30 either option is made available to all affected employees.
3 31 The bill provides that an employer who denies an employee
3 32 the privilege conferred by this bill to attend a presidential
3 33 precinct caucus commits election misconduct in the fourth
3 34 degree, a simple misdemeanor. A simple misdemeanor is
3 35 punishable by confinement for no more than 30 days or a fine of
4 1 at least $65 but not more than $625 or by both.
4 2 The bill takes effect upon enactment.