S.F. 375 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 permanent 7 placement in this state of a child by the department of human 8 services, by a licensed agency under chapter 238, by an agency 9 that meets the provisions of the interstate compact in section 10 232.158, or by a person making an independent placement 11 according to the provisions of chapter 600. 12 NEW SUBSECTION . 0001. “Child” means a person under eighteen 13 years of age. 14 Sec. 2. Section 216.6, subsection 2, unnumbered paragraph 15 1, Code 2015, is amended to read as follows: 16 Employment policies relating to pregnancy , and childbirth , 17 and adoption shall be governed by the following: 18 Sec. 3. Section 216.6, subsection 2, paragraphs a, b, d, and 19 e, Code 2015, are amended to read as follows: 20 a. A written or unwritten employment policy or practice 21 which excludes from employment applicants or employees because 22 of the employee’s pregnancy or adoption is a prima facie 23 violation of this chapter . 24 b. Disabilities caused or contributed to by the employee’s 25 pregnancy, miscarriage, childbirth, and recovery therefrom , 26 or an employee’s absence due to an adoption, are, for all 27 job-related purposes, temporary disabilities and shall be 28 treated as such under any health or temporary disability 29 insurance or sick leave plan available in connection with 30 employment. Written and unwritten employment policies and 31 practices involving matters such as the commencement and 32 duration of leave, the availability of extensions, the accrual 33 of seniority, and other benefits and privileges, reinstatement, 34 and payment under any health or temporary disability insurance 35 -1- LSB 2216SV (2) 86 je/sc 1/ 4

S.F. 375 or sick leave plan, formal or informal, shall be applied to a 1 disability due to the employee’s pregnancy or giving birth, or 2 an employee’s absence due to an adoption, on the same terms and 3 conditions as they are applied to other temporary disabilities. 4 d. An employer shall not terminate the employment of a 5 person disabled by pregnancy or absent due to an adoption 6 because of the employee’s pregnancy or absence . 7 e. Where a leave is not available or a sufficient leave 8 is not available under any health or temporary disability 9 insurance or sick leave plan available in connection with 10 employment, the employer of the pregnant or adopting employee 11 shall not refuse to grant to the employee who is disabled by 12 the pregnancy , or absent due to an adoption, a leave of absence 13 if the leave of absence is for the period that the employee is 14 disabled because of the employee’s pregnancy, childbirth, or 15 related medical conditions, or preparing for or participating 16 in the adoption of a child, or caring for a newly adopted 17 child within the first year of adoption, or for eight weeks, 18 whichever is less. However, the employee must provide timely 19 notice of the period of leave requested and the employer must 20 approve any change in the period requested before the change is 21 effective. Before granting the leave of absence, the employer 22 may require that one of the following: 23 (1) That the employee’s disability resulting from pregnancy 24 be verified by medical certification stating that the employee 25 is not able to reasonably perform the duties of employment. 26 (2) That the employee’s adoption of a child be verified by 27 documentation of the adoption and that the employee certify in 28 writing that the employee will not able to reasonably perform 29 the duties of employment because the employee will be preparing 30 for or participating in the adoption of a child, or caring for 31 a newly adopted child within the first year of adoption. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -2- LSB 2216SV (2) 86 je/sc 2/ 4

S.F. 375 Code chapter 216, the Iowa civil rights Act, provides 1 certain employment protections to employees relating to 2 pregnancy and childbirth. This bill provides that these 3 protections also apply to employees who are absent from work 4 due to an adoption. The bill defines “adoption” as the 5 permanent placement in Iowa of a child by the department of 6 human services, by a licensed agency under Code chapter 238, by 7 an agency that meets the provisions of the interstate compact 8 in Code section 232.158, or by a person making an independent 9 placement according to the provisions of Code chapter 600. The 10 bill defines “absence due to an adoption” to include an absence 11 in order to prepare for or participate in the adoption of a 12 child, or to care for a newly adopted child within the first 13 year of adoption. 14 The bill provides that an employment policy or practice 15 which excludes from employment applicants or employees because 16 of the employee’s adoption is a prima facie violation of Code 17 chapter 216. 18 The bill provides that an employee’s absence due to an 19 adoption is, for job-related purposes, a temporary disability 20 and shall be treated as such under any health or temporary 21 disability insurance or sick leave plan available in connection 22 with employment. Employment policies and practices involving 23 certain matters such as the commencement and duration of leave, 24 the accrual of seniority, and payment under any health or 25 temporary disability insurance or sick leave plan shall be 26 applied to a disability due to the employee’s absence due to an 27 adoption on the same terms and conditions as they are applied 28 to other temporary disabilities. 29 The bill prohibits an employer from terminating the 30 employment of a person absent due to an adoption because of the 31 employee’s absence. 32 Where a leave is not available or a sufficient leave is not 33 available under any health or temporary disability insurance 34 or sick leave plan available in connection with employment, 35 -3- LSB 2216SV (2) 86 je/sc 3/ 4

S.F. 375 the bill prohibits an employer of an adopting employee from 1 refusing to grant to the employee a leave of absence if 2 the leave of absence is for the period that the employee is 3 preparing for or participating in the adoption of a child, 4 or caring for a newly adopted child within the first year of 5 adoption, or for eight weeks, whichever is less. The employee 6 must provide timely notice of the period of leave requested. 7 The employer may first require that the employee’s adoption 8 of a child be verified by documentation and that the employee 9 certify 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 Penalty provisions for discriminatory employment practices 14 are made applicable to violations of the employment protections 15 granted by the bill. 16 -4- LSB 2216SV (2) 86 je/sc 4/ 4