Senate Study Bill 1030 - IntroducedA Bill ForAn Act 1relating to the treatment of adoptive parent employees
2and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  91A.5B  Treatment of adoptive parent
2employees.
   31.  For purposes of this section, “adoption” means the
4permanent placement in this state of a child by the department
5of human services, by a licensed agency under chapter 238, by
6an agency that meets the provisions of the interstate compact
7in section 232.158, or by a person making an independent
8placement according to the provisions of chapter 600.
   92.  An employer shall treat an employee who chooses to adopt
10a child up to eighteen years of age in the same manner as an
11employee who is the biological parent of a newborn child for
12purposes of employment policies, benefits, and protections for
13the first year of the adoption.
   143.  Notwithstanding subsection 2, an employee shall not be
15entitled to disability leave without a qualifying disability
16under an employer’s disability policies.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
   20This bill requires an employer under Code chapter 91A to
21treat an employee who chooses to adopt a child up to 18 years
22of age in the same manner as an employee who is the biological
23parent of a newborn child for purposes of employment policies,
24benefits, and protections for the first year of the adoption.
25An employee shall not be entitled to disability leave without a
26qualifying disability under an employer’s disability policies.
   27The bill defines “adoption” as the permanent placement in
28this state of a child by the department of human services,
29by a licensed agency under Code chapter 238, by an agency
30that meets the provisions of the interstate compact in Code
31section 232.158, or by a person making an independent placement
32according to the provisions of Code chapter 600.
   33Code section 91A.2 defines “employer” as a person, as
34defined in Code chapter 4, who in this state employs for wages
35a natural person. The definition specifies that an employer
-1-1does not include a client, patient, customer, or other person
2who obtains professional services from a licensed person
3who provides the services on a fee service basis or as an
4independent contractor.
   5Code section 91A.2 defines “employee” as a natural person
6who is employed in this state for wages by an employer.
7Code section 91A.2 specifies that “employee” also includes a
8commission salesperson who takes orders or performs services
9on behalf of a principal and who is paid on the basis of
10commissions but does not include persons who purchase for their
11own account for resale. Code section 91A.2 also excludes
12certain persons engaged in agriculture from the definition of
13“employee”.
   14Code chapter 91A is administered and enforced by the
15labor commissioner. A violation of Code chapter 91A or the
16administrative rules promulgated under it is subject to a
17civil penalty of not more than $500 per pay period for each
18violation.
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