Senate File 7 - IntroducedA Bill ForAn Act 1relating to the treatment of adoptive parent employees
2and making penalties applicable.
1   Section 1.  NEW SECTION.  91A.5B  Treatment of adoptive parent
   31.  For purposes of this section, “adoption” means the
4permanent placement for adoption in this state of a child
5by the department of human services, by an adoption service
6provider as defined in section 600A.2, or by an agency that
7meets the provisions of the interstate compact in section
   92.  An employer shall treat an employee who adopts a child in
10the same manner as an employee who is the biological parent of
11a newborn child for purposes of employment policies, benefits,
12and protections for the first year of the adoption.
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
   16This bill requires an employer under Code chapter 91A to
17treat an employee who adopts a child in the same manner as an
18employee who is the biological parent of a newborn child for
19purposes of employment policies, benefits, and protections for
20the first year of the adoption.
   21The bill defines “adoption” as the permanent placement for
22adoption in this state of a child by the department of human
23services, by an adoption service provider as defined in Code
24section 600A.2, or by an agency that meets the provisions of
25the interstate compact in Code section 232.158.
   26Code section 91A.2 defines “employer” as a person, as
27defined in Code chapter 4, who in this state employs for wages
28a natural person. The definition specifies that an employer
29does not include a client, patient, customer, or other person
30who obtains professional services from a licensed person
31who provides the services on a fee service basis or as an
32independent contractor.
   33Code section 91A.2 defines “employee” as a natural person
34who is employed in this state for wages by an employer.
35Code section 91A.2 specifies that “employee” also includes a
-1-1commission salesperson who takes orders or performs services
2on behalf of a principal and who is paid on the basis of
3commissions but does not include persons who purchase for their
4own account for resale. Code section 91A.2 also excludes
5certain persons engaged in agriculture from the definition of
   7Code chapter 91A is administered and enforced by the
8labor commissioner. A violation of Code chapter 91A or the
9administrative rules promulgated under it is subject to a
10civil penalty of not more than $500 per pay period for each