Senate File 186 - Introduced SENATE FILE 186 BY COMMITTEE ON WORKFORCE (SUCCESSOR TO SF 3) 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 1295SV (2) 90 je/rn

S.F. 186 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 for adoption in this state of a child by 4 the department of health and human services, by an adoption 5 service provider as defined in section 600A.2, or by an agency 6 that meets the provisions of the interstate compact in section 7 232.158. 8 2. An employer shall treat an employee who adopts a child up 9 to six years of age in the same manner as an employee who is the 10 biological parent of a newborn child for purposes of employment 11 policies, benefits, and protections for the first year of the 12 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 20 to treat an employee who adopts a child up to six years of 21 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 27 for adoption in this state of a child by the department of 28 health and human services, by an adoption service provider as 29 defined in Code section 600A.2, or by an agency that meets the 30 provisions of the interstate compact in Code section 232.158. 31 Code section 91A.2 defines “employer” as a person, as 32 defined in Code chapter 4, who in this state employs for wages 33 a natural person. The definition specifies that an employer 34 does not include a client, patient, customer, or other person 35 -1- LSB 1295SV (2) 90 je/rn 1/ 2

S.F. 186 who obtains professional services from a licensed person 1 who provides the services on a fee service basis or as an 2 independent contractor. 3 Code section 91A.2 defines “employee” as a natural person 4 who is employed in this state for wages by an employer. 5 Code section 91A.2 specifies that “employee” also includes a 6 commission salesperson who takes orders or performs services 7 on behalf of a principal and who is paid on the basis of 8 commissions but does not include persons who purchase for their 9 own account for resale. Code section 91A.2 also excludes 10 certain persons engaged in agriculture and certain independent 11 contractors from the definition of “employee”. 12 Code chapter 91A is administered and enforced by the 13 labor commissioner. A violation of Code chapter 91A or the 14 administrative rules promulgated under it is subject to a 15 civil penalty of not more than $500 per pay period for each 16 violation. 17 -2- LSB 1295SV (2) 90 je/rn 2/ 2