S.F. 225 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 eighteen 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, b, d, and 15 e, 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 b. Disabilities caused or contributed to by the employee’s 21 pregnancy, miscarriage, childbirth, and recovery therefrom , 22 or an employee’s absence due to an adoption, are, for all 23 job-related purposes, temporary disabilities and shall be 24 treated as such under any health or temporary disability 25 insurance or sick leave plan available in connection with 26 employment. Written and unwritten employment policies and 27 practices involving matters such as the commencement and 28 duration of leave, the availability of extensions, the accrual 29 of seniority, and other benefits and privileges, reinstatement, 30 and payment under any health or temporary disability insurance 31 or sick leave plan, formal or informal, shall be applied to a 32 disability due to the employee’s pregnancy or giving birth, or 33 an employee’s absence due to an adoption, on the same terms and 34 conditions as they are applied to other temporary disabilities. 35 -1- LSB 2216XS (1) 86 je/sc 1/ 4

S.F. 225 d. An employer shall not terminate the employment of a 1 person disabled by pregnancy or absent due to an adoption 2 because of the employee’s pregnancy or absence . 3 e. Where a leave is not available or a sufficient leave 4 is not available under any health or temporary disability 5 insurance or sick leave plan available in connection with 6 employment, the employer of the pregnant or adopting employee 7 shall not refuse to grant to the employee who is disabled by 8 the pregnancy , or absent due to an adoption, a leave of absence 9 if the leave of absence is for the period that the employee is 10 disabled because of the employee’s pregnancy, childbirth, or 11 related medical conditions, or preparing for or participating 12 in the adoption of a child, or caring for a newly adopted 13 child within the first year of adoption, or for eight weeks, 14 whichever is less. However, the employee must provide timely 15 notice of the period of leave requested and the employer must 16 approve any change in the period requested before the change is 17 effective. Before granting the leave of absence, the employer 18 may require that one of the following: 19 (1) That the employee’s disability resulting from pregnancy 20 be verified by medical certification stating that the employee 21 is not able to reasonably perform the duties of employment. 22 (2) That the employee’s adoption of a child be verified by 23 documentation of the adoption and that the employee certify in 24 writing that the employee will not able to reasonably perform 25 the duties of employment because the employee will be preparing 26 for or participating in the adoption of a child, or caring for 27 a newly adopted child within the first year of adoption. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 Code chapter 216, the Iowa civil rights Act, provides 32 certain employment protections to employees relating to 33 pregnancy and childbirth. This bill provides that these 34 protections also apply to employees who are absent from work 35 -2- LSB 2216XS (1) 86 je/sc 2/ 4

S.F. 225 due to an adoption. The bill defines “adoption” as the 1 process of securing legal custody of a child. The bill defines 2 “absence due to an adoption” to include an absence in order 3 to prepare for or participate in the adoption of a child, or 4 to care for a newly adopted child within the first year of 5 adoption. 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 is, for job-related purposes, a temporary disability 12 and shall be treated as such under any health or temporary 13 disability insurance or sick leave plan available in connection 14 with employment. Employment policies and practices involving 15 certain matters such as the commencement and duration of leave, 16 the accrual of seniority, and payment under any health or 17 temporary disability insurance or sick leave plan shall be 18 applied to a disability due to the employee’s absence due to an 19 adoption on the same terms and conditions as they are applied 20 to other 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 2216XS (1) 86 je/sc 3/ 4

S.F. 225 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 2216XS (1) 86 je/sc 4/ 4