SF 2015 (LSB 5107XS (5) 87)

SENATE FILE 2015

BY  ZAUN

A BILL FOR

An Act relating to the treatment of adoptive parent employees and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  91A.5B  Treatment of adoptive parent employees.
   1.  For purposes of this section, “adoption” means the permanent placement for adoption in this state of a child by the department of human services, by an adoption service provider as defined in section 600A.2, or by an agency that meets the provisions of the interstate compact in section 232.158.
   2.  An employer shall treat an employee who adopts a child in the same manner as an employee who is the biological parent of a newborn child for purposes of employment policies, benefits, and protections for the first year of the adoption.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires an employer under Code chapter 91A to treat an employee who adopts a child in the same manner as an employee who is the biological parent of a newborn child for purposes of employment policies, benefits, and protections for the first year of the adoption.
   The bill defines “adoption” as the permanent placement for adoption in this state of a child by the department of human services, by an adoption service provider as defined in Code section 600A.2, or by an agency that meets the provisions of the interstate compact in Code section 232.158.
   Code section 91A.2 defines “employer” as a person, as defined in Code chapter 4, who in this state employs for wages a natural person. The definition specifies that an employer does not include a client, patient, customer, or other person who obtains professional services from a licensed person who provides the services on a fee service basis or as an independent contractor.
   Code section 91A.2 defines “employee” as a natural person who is employed in this state for wages by an employer. Code section 91A.2 specifies that “employee” also includes a commission salesperson who takes orders or performs services on behalf of a principal and who is paid on the basis of commissions but does not include persons who purchase for their own account for resale. Code section 91A.2 also excludes certain persons engaged in agriculture from the definition of “employee”.
   Code chapter 91A is administered and enforced by the labor commissioner. A violation of Code chapter 91A or the administrative rules promulgated under it is subject to a civil penalty of not more than $500 per pay period for each violation.