Proyectos de ley › 89.ª Asamblea General
Requiring employers to provide reasonable accommodations to employees based on pregnancy or childbirth and providing civil penalties
Presentado por el comité Labor and Business Relations del Senado
Temas:Civil rightsJobs & workers
La misma legislación: SSB 1029
Dónde está ahora
- Hecho: Presentado12 de enero de 2021
- Hecho: Subcomité12 de enero de 2021
- Hecho: Comité del Senado1 de marzo de 2021
- Se detuvo: Lo aprueba el SenadoMurió al terminar la Asamblea General
- Sigue: Comité de la Cámara
- Sigue: Lo aprueba la Cámara
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Murió al terminar la sesión La sesión de 2022 terminó el 24 de mayo de 2022, la última sesión ordinaria de la Asamblea General. Los proyectos que no pasaron por ambas cámaras murieron. ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA Employers would be required to provide reasonable changes to a job, such as modified schedules or equipment, to help employees who are pregnant or recovering from childbirth. These accommodations must be requested with a doctor's advice and cannot cause an unfair hardship for the business. If an employer fails to follow these rules, they could face a fine of up to $750. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
This bill requires employers to provide reasonable accommodations to employees based on pregnancy or childbirth. The bill requires an employer to provide reasonable accommodations to an employee based on medical conditions related to the employee’s pregnancy or childbirth if the employee requests reasonable accommodations with the advice of the employee’s health care provider. The bill defines “reasonable accommodations” as actions which would permit an employee with a medical condition relating to the employee’s pregnancy or childbirth to perform in a reasonable manner the activities involved in the employee’s specific occupation and include but are not limited to the provision of an accessible worksite, acquisition or modification of equipment, job restructuring, and a modified work schedule. The bill provides that “reasonable accommodations” does not mean any action that would impose an undue hardship on the business of the employer from whom the action is requested. The bill provides that an employer who violates the bill is subject to a civil penalty of up to $750. The commissioner shall adopt rules to enforce the bill and provide exemptions where reasonable. The commissioner or commissioner’s representative upon presenting appropriate credentials to the person in charge may inspect employment records relating to the total number of employees and pregnant employees or employees recovering from childbirth and the services provided to pregnant employees or employees recovering from childbirth, as well as interview an employer, operator, owner, agent, or employee during working hours or at other reasonable times. The bill provides that compliance with minimum standards required by the bill shall not be subject to or considered in collective bargaining.
Senate subcommittee
Named January 18, 2022. On January 25, 2022 it recommended amendment and passage.
- Sen. J. Taylor
- Sen. Nate Boulton D
- Sen. Dawn Driscoll REmail
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Nota fiscal
Cost: up to $166,000 Compare con otros proyectos
Resumen con IA This bill requires employers to provide reasonable accommodations for employees based on pregnancy or childbirth and tasks the Labor Commissioner with enforcing these rules. It is estimated to increase costs to the Iowa Department of Workforce Development by $135,000 in fiscal year 2022 and $166,000 in fiscal year 2023 and subsequent fiscal years. These costs will be funded by the state's General Fund. (en inglés)3
Lea la nota fiscal (en inglés)
Description
Senate File 485 requires employers to provide reasonable accommodations to employees based on pregnancy or childbirth and tasks the Labor Commissioner with adopting rules to administer employment inspections and enforce the Bill. An employer who violates the Bill is subject to a civil penalty of up to $750. The Bill is effective July 1, 2021.
Background
The office of the Labor Commissioner, created in Iowa Code section 91.1, controls the Division of Labor Services under the Iowa Department of Workforce Development (IWD) and is responsible for the activities of the Division, including disseminating safety and wage information to businesses and employees, administering education programs on worker safety, licensing businesses and equipment, and enforcing wage and child labor standards. State employment policies regarding pregnancy and childbirth are covered under Iowa Code section 216.6, which received a hearing through the Iowa Supreme Court in McQuistion v. City of Clinton. The federal Family and Medical Leave Act (FMLA), detailed in 29 U.S.C. 28, outlines federal policies regarding pregnancy and childbirth and received a hearing through the U.S. Supreme Court in Young v. United Parcel Serv., Inc.
Assumptions
- The Bill will require the Division of Labor to implement and enforce a new program to write rules, perform inspections, and assess civil penalties.
- The Bill will require 2.0 additional full-time equivalent (FTE) positions to administer the program beginning in FY 2022. These positions include an Attorney 2 and an Investigator 2.
- Hiring of FTE positions will not take place, on average, until October 1, 2021. The estimated cost for salaries and benefits for FY 2022 is $118,000 and $161,000 for FY 2023.
- Operating costs are estimated at $10,000 annually, including travel, postage, and other administrative costs.
- Capital outlay includes desks, computers, chairs, and other costs of creating two new positions within the IWD.
- At $750 per citation, the IWD expects to collect $5,000 annually in penalty fees. The fiscal impact is shown in Table 1 below.
- Inflation is calculated at 2.1% in FY 2023 for salary and benefits.
- There will be seven penalty citations collected each fiscal year by the Division of Labor.
Fiscal Impact
Senate File 485 is estimated to increase the cost to the IWD by $135,000 in FY 2022, and $166,000 in FY 2023 and subsequent fiscal years. The cost for salaries and benefits will grow at 2.1% in the out-years. Funding is expected to come from the General Fund.
Sources
- Legislative Services Agency
- Iowa Department of Workforce Development
- Iowa Civil Rights Commission
- Pregnancy and Childbirth, Reasonable Employment Accommodations · 3 de marzo de 2021 · $166,000
Lo que cambia del Código de Iowa (Iowa Code)
Cabildeo
24 a favor · 2 en contra · 19 indecisos · Quiénes →
Family tree
Study bill
89th General Assembly
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None got through a chamber.
- HSB 608 HSB 60888th General Assembly · Subcommittee recommends passage · nearly identicalCleared committee
- HF 109 Requiring employers to provide reasonable accommodations to employees based on pregnancy o…88th General Assembly · In committee · nearly identicalCleared committee
Similar bills this General Assembly
- HSB 603 HSB 60389th General Assembly · Renumbered as HF 2257Nearly identical
- HF 676 Requiring employers to provide reasonable accommodations to employees based on pregnancy o…91st General Assembly · In committeeNearly identical
- HF 124 Requiring employers to provide reasonable accommodations to employees based on pregnancy o…89th General Assembly · In committeeNearly identical
- SF 435 Requiring employers to provide reasonable accommodations to employees based on pregnancy o…90th General Assembly · In committeeNearly identical
- SF 134 Requiring employers to provide reasonable accommodations to employees based on pregnancy o…91st General Assembly · In committeeNearly identical
Matched by wording or an identical title.