House Study Bill 576 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act providing for employment leave relating to adoption. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5381YC (1) 86 je/rj

H.F. _____ Section 1. Section 84A.5, subsection 4, Code 2016, is 1 amended to read as follows: 2 4. The division of labor services is responsible for the 3 administration of the laws of this state under chapters 88 , 4 88A , 88B , 89 , 89A , 89B , 90A , 91 , 91A , 91C , 91D , 91E , 92 , 93, and 5 94A , and section 85.68 . The executive head of the division is 6 the labor commissioner, appointed pursuant to section 91.2 . 7 Sec. 2. Section 91.4, subsection 2, Code 2016, is amended 8 to read as follows: 9 2. The director of the department of workforce development, 10 in consultation with the labor commissioner, shall, at the 11 time provided by law, make an annual report to the governor 12 setting forth in appropriate form the business and expense of 13 the division of labor services for the preceding year, the 14 number of remedial actions taken under chapter 89A , the number 15 of disputes or violations processed by the division and the 16 disposition of the disputes or violations, and other matters 17 pertaining to the division which are of public interest, 18 together with recommendations for change or amendment of the 19 laws in this chapter and chapters 88 , 88A , 88B , 89 , 89A , 89B , 20 90A , 91A , 91C , 91D , 91E , 92 , 93, and 94A , and section 85.68 , 21 and the recommendations, if any, shall be transmitted by the 22 governor to the first general assembly in session after the 23 report is filed. 24 Sec. 3. NEW SECTION . 93.1 Definitions. 25 As used in this chapter, unless the context otherwise 26 requires: 27 1. “Adoption” means the permanent placement in this 28 state of a child by the department of human services, by a 29 licensed agency under chapter 238, by an agency that meets the 30 provisions of the interstate compact in section 232.158, or 31 by a person making an independent placement according to the 32 provisions of chapter 600. 33 2. “Employee” means a natural person who is employed in this 34 state for wages by an employer. 35 -1- LSB 5381YC (1) 86 je/rj 1/ 4

H.F. _____ 3. “Employer” means a person, as defined in section 4.1, who 1 in this state employs for wages a natural person. 2 4. “Grandparent” means a person who is the parent of a 3 parent in a parent-child relationship, but who is not a parent 4 in that parent-child relationship. 5 5. “Parent-child relationship” and “stepparent” mean the same 6 as defined in section 600A.2. 7 Sec. 4. NEW SECTION . 93.2 Adoption leave. 8 1. If an employer provides employees with maternity, 9 paternity, or other leave relating to natural childbirth, 10 the employer shall also provide similar leave to employees 11 relating to adoption of a child under five years of age or of 12 a child five years of age or older and incapable of self-care 13 because of a mental or physical disability, if the child will 14 be residing with the employee during the period of the leave. 15 Leave pursuant to this chapter shall only be required within 16 the first year of such an adoption by an employee. 17 2. Before granting leave pursuant to this chapter, the 18 employer may ask that an employee provide documentation 19 verifying the employee’s adoption, the date of the adoption, 20 that the child will be living with the employee, and that the 21 employee is not the child’s grandparent or stepparent and does 22 not have an already established parent-child relationship with 23 the child. 24 3. Leave pursuant to this chapter shall not be required if 25 the employee is the child’s grandparent or stepparent or if the 26 employee has an already established parent-child relationship 27 with the child. 28 Sec. 5. NEW SECTION . 93.3 Construction. 29 1. This chapter shall not be construed to require an 30 employer to provide paid maternity, paternity, or adoption 31 leave, or paid vacation, temporary disability, or sick time. 32 2. This chapter shall not be construed to prohibit an 33 employer from complying with the federal Family and Medical 34 Leave Act of 1993, Pub. L. No. 103-3, or other federal law 35 -2- LSB 5381YC (1) 86 je/rj 2/ 4

H.F. _____ or from implementing leave policies with additional employee 1 benefits for adoption leave beyond that required by this 2 chapter. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill creates new Code chapter 93, relating to adoption 7 leave. The bill requires an employer who provides employees 8 with maternity, paternity, or other leave relating to natural 9 childbirth to also provide similar leave to employees relating 10 to adoption of a child under five years of age or of a child 11 five years of age or older and incapable of self-care because 12 of a mental or physical disability, if the child will be 13 residing with the employee during the period of the leave. The 14 bill only requires such leave within the first year of such an 15 adoption by an employee. 16 The bill permits an employer to ask that an employee provide 17 documentation verifying certain information about the adoption 18 before granting leave pursuant to the bill. 19 Leave pursuant to the bill is not required if the employee 20 is the child’s grandparent or stepparent or if the employee 21 has an already established parent-child relationship with 22 the child. “Parent-child relationship” is defined under 23 Code section 600A.2 as the relationship between a parent 24 and a child recognized by the law as conferring certain 25 rights and privileges and imposing certain duties. The term 26 extends equally to every child and every parent, regardless 27 of the marital status of the parents of the child. The 28 rights, duties, and privileges recognized in the parent-child 29 relationship include those which are maintained by a guardian, 30 custodian, and guardian ad litem. 31 The bill is not to be construed to require an employer to 32 provide paid maternity, paternity, or adoption leave, or paid 33 vacation, temporary disability, or sick time. The bill is 34 not to be construed to prohibit an employer from complying 35 -3- LSB 5381YC (1) 86 je/rj 3/ 4

H.F. _____ with the federal Family and Medical Leave Act of 1993 or other 1 federal law or from implementing leave policies with additional 2 employee benefits for adoption leave beyond that required by 3 the bill. 4 -4- LSB 5381YC (1) 86 je/rj 4/ 4