House
File
724
-
Introduced
HOUSE
FILE
724
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HSB
218)
(COMPANION
TO
SF
362
BY
COMMITTEE
ON
LABOR
AND
BUSINESS
RELATIONS)
A
BILL
FOR
An
Act
relating
to
the
treatment
of
adoptive
parent
employees
1
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1633HV
(1)
89
je/rn
H.F.
724
Section
1.
NEW
SECTION
.
91A.5B
Treatment
of
adoptive
parent
1
employees.
2
1.
For
purposes
of
this
section,
“adoption”
means
the
3
permanent
placement
in
this
state
of
a
child
by
the
department
4
of
human
services,
by
a
licensed
agency
under
chapter
238,
by
5
an
agency
that
meets
the
provisions
of
the
interstate
compact
6
in
section
232.158,
or
by
a
person
making
an
independent
7
placement
according
to
the
provisions
of
chapter
600.
8
2.
An
employer
shall
treat
an
employee
who
chooses
to
adopt
9
a
child
up
to
eighteen
years
of
age
in
the
same
manner
as
an
10
employee
who
is
the
biological
parent
of
a
newborn
child
for
11
purposes
of
employment
policies,
benefits,
and
protections
for
12
the
first
year
of
the
adoption.
13
3.
Notwithstanding
subsection
2,
an
employee
shall
not
be
14
entitled
to
disability
leave
without
a
qualifying
disability
15
under
an
employer’s
disability
policies.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
requires
an
employer
under
Code
chapter
91A
to
20
treat
an
employee
who
chooses
to
adopt
a
child
up
to
18
years
21
of
age
in
the
same
manner
as
an
employee
who
is
the
biological
22
parent
of
a
newborn
child
for
purposes
of
employment
policies,
23
benefits,
and
protections
for
the
first
year
of
the
adoption.
24
An
employee
shall
not
be
entitled
to
disability
leave
without
a
25
qualifying
disability
under
an
employer’s
disability
policies.
26
The
bill
defines
“adoption”
as
the
permanent
placement
in
27
this
state
of
a
child
by
the
department
of
human
services,
28
by
a
licensed
agency
under
Code
chapter
238,
by
an
agency
29
that
meets
the
provisions
of
the
interstate
compact
in
Code
30
section
232.158,
or
by
a
person
making
an
independent
placement
31
according
to
the
provisions
of
Code
chapter
600.
32
Code
section
91A.2
defines
“employer”
as
a
person,
as
33
defined
in
Code
chapter
4,
who
in
this
state
employs
for
wages
34
a
natural
person.
The
definition
specifies
that
an
employer
35
-1-
LSB
1633HV
(1)
89
je/rn
1/
2
H.F.
724
does
not
include
a
client,
patient,
customer,
or
other
person
1
who
obtains
professional
services
from
a
licensed
person
2
who
provides
the
services
on
a
fee
service
basis
or
as
an
3
independent
contractor.
4
Code
section
91A.2
defines
“employee”
as
a
natural
person
5
who
is
employed
in
this
state
for
wages
by
an
employer.
6
Code
section
91A.2
specifies
that
“employee”
also
includes
a
7
commission
salesperson
who
takes
orders
or
performs
services
8
on
behalf
of
a
principal
and
who
is
paid
on
the
basis
of
9
commissions
but
does
not
include
persons
who
purchase
for
their
10
own
account
for
resale.
Code
section
91A.2
also
excludes
11
certain
persons
engaged
in
agriculture
from
the
definition
of
12
“employee”.
13
Code
chapter
91A
is
administered
and
enforced
by
the
14
labor
commissioner.
A
violation
of
Code
chapter
91A
or
the
15
administrative
rules
promulgated
under
it
is
subject
to
a
16
civil
penalty
of
not
more
than
$500
per
pay
period
for
each
17
violation.
18
-2-
LSB
1633HV
(1)
89
je/rn
2/
2