H.F. 116 Section 1. Section 216.2, Code 2015, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 01. “Absence due to an adoption” includes 3 an absence in order to prepare for or participate in the 4 adoption of a child, or to care for a newly adopted child 5 within the first year of adoption. 6 NEW SUBSECTION . 001. “Adoption” means the process of 7 securing legal custody of a child. 8 NEW SUBSECTION . 0001. “Child” means a person under six 9 years of age. 10 Sec. 2. Section 216.6, subsection 2, unnumbered paragraph 11 1, Code 2015, is amended to read as follows: 12 Employment policies relating to pregnancy , and childbirth , 13 and adoption shall be governed by the following: 14 Sec. 3. Section 216.6, subsection 2, paragraphs a, d, and e, 15 Code 2015, are amended to read as follows: 16 a. A written or unwritten employment policy or practice 17 which excludes from employment applicants or employees because 18 of the employee’s pregnancy or adoption is a prima facie 19 violation of this chapter . 20 d. An employer shall not terminate the employment of a 21 person disabled by pregnancy or absent due to an adoption 22 because of the employee’s pregnancy or absence . 23 e. Where a leave is not available or a sufficient leave 24 is not available under any health or temporary disability 25 insurance or sick leave plan available in connection with 26 employment, the employer of the pregnant or adopting employee 27 shall not refuse to grant to the employee who is disabled by 28 the pregnancy , or absent due to an adoption, a leave of absence 29 if the leave of absence is for the period that the employee is 30 disabled because of the employee’s pregnancy, childbirth, or 31 related medical conditions, or preparing for or participating 32 in the adoption of a child, or caring for a newly adopted 33 child within the first year of adoption, or for eight weeks, 34 whichever is less. However, the employee must provide timely 35 -1- LSB 1828YH (1) 86 je/sc 1/ 4

H.F. 116 notice of the period of leave requested and the employer must 1 approve any change in the period requested before the change is 2 effective. Before granting the leave of absence, the employer 3 may require that one of the following: 4 (1) That the employee’s disability resulting from pregnancy 5 be verified by medical certification stating that the employee 6 is not able to reasonably perform the duties of employment. 7 (2) That the employee’s adoption of a child be verified by 8 documentation of the adoption and that the employee certify in 9 writing that the employee will not able to reasonably perform 10 the duties of employment because the employee will be preparing 11 for or participating in the adoption of a child, or caring for 12 a newly adopted child within the first year of adoption. 13 Sec. 4. Section 216.6, subsection 2, Code 2015, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . 0c. An employee’s absence due to an adoption 16 shall, for all job-related purposes, be treated in the same 17 manner as a temporary disability under any health or temporary 18 disability insurance or sick leave plan available in connection 19 with employment. Written and unwritten employment policies 20 and practices involving matters such as the commencement and 21 duration of leave, the availability of extensions, the accrual 22 of seniority, and other benefits and privileges, reinstatement, 23 and payment under any health or temporary disability insurance 24 or sick leave plan, formal or informal, shall be applied to an 25 employee’s absence due to an adoption on the same terms and 26 conditions as they are applied to temporary disabilities. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 Code chapter 216, the Iowa civil rights Act, provides 31 certain employment protections to employees relating to 32 pregnancy and childbirth. This bill provides that these 33 protections also apply to employees who are absent from work 34 due to an adoption. The bill defines “adoption” as the 35 -2- LSB 1828YH (1) 86 je/sc 2/ 4

H.F. 116 process of securing legal custody of a child. The bill defines 1 “absence due to an adoption” to include an absence in order 2 to prepare for or participate in the adoption of a child, or 3 to care for a newly adopted child within the first year of 4 adoption. The bill defines “child” as a person under six years 5 of age. 6 The bill provides that an employment policy or practice 7 which excludes from employment applicants or employees because 8 of the employee’s adoption is a prima facie violation of Code 9 chapter 216. 10 The bill provides that an employee’s absence due to an 11 adoption shall, for all job-related purposes, be treated in 12 the same manner as a temporary disability under any health or 13 temporary disability insurance or sick leave plan available in 14 connection with employment. The bill provides that employment 15 policies and practices involving certain matters such as the 16 commencement and duration of leave, the accrual of seniority, 17 and payment under any health or temporary disability insurance 18 or sick leave plan shall be applied to an employee’s absence 19 due to an adoption on the same terms and conditions as they are 20 applied to temporary disabilities. 21 The bill prohibits an employer from terminating the 22 employment of a person absent due to an adoption because of the 23 employee’s absence. 24 Where a leave is not available or a sufficient leave is not 25 available under any health or temporary disability insurance 26 or sick leave plan available in connection with employment, 27 the bill prohibits an employer of an adopting employee from 28 refusing to grant to the employee a leave of absence if 29 the leave of absence is for the period that the employee is 30 preparing for or participating in the adoption of a child, 31 or caring for a newly adopted child within the first year of 32 adoption, or for eight weeks, whichever is less. The employee 33 must provide timely notice of the period of leave requested. 34 The employer may first require that the employee’s adoption 35 -3- LSB 1828YH (1) 86 je/sc 3/ 4

H.F. 116 of a child be verified by documentation and that the employee 1 certify that the employee will not able to reasonably perform 2 the duties of employment because the employee will be preparing 3 for or participating in the adoption of a child, or caring for 4 a newly adopted child within the first year of adoption. 5 Penalty provisions for discriminatory employment practices 6 are made applicable to violations of the employment protections 7 granted by the bill. 8 -4- LSB 1828YH (1) 86 je/sc 4/ 4