HF 26 (LSB 1317YH (1) 91)

HOUSE FILE 26

BY  LOHSE

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 in this state of a child by the department of health and human services, by a licensed agency under chapter 238, by an agency that meets the provisions of the interstate compact in section 232.158, or by a person making an independent placement according to the provisions of chapter 600.
   2.  An employer shall treat an employee who chooses to adopt a child up to six years of age 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.
   3.  Notwithstanding subsection 2, an employee shall not be entitled to disability leave without a qualifying disability under an employer’s disability policies.
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 chooses to adopt a child up to six years of age 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. An employee shall not be entitled to disability leave without a qualifying disability under an employer’s disability policies.
   The bill defines “adoption” as the permanent placement in this state of a child by the department of health and human services, by a licensed agency under Code chapter 238, by an agency that meets the provisions of the interstate compact in Code section 232.158, or by a person making an independent placement according to the provisions of Code chapter 600.
   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 and certain independent contractors from the definition of “employee”.
   Code chapter 91A is administered and enforced by the director of the department of inspections, appeals, and licensing. 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.