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House File 500 - IntroducedA Bill ForAn Act 1providing for employment protections for employees
2absent from work due to certain adoptions and making
3penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.2, Code 2017, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 01. “Absence due to an adoption” includes
4an absence in order to prepare for or participate in the
5adoption of a child, or to care for a newly adopted child
6within the first year of adoption.
7 NEW SUBSECTION. 001. “Adoption” means the process of
8securing legal custody of a child as an adopting parent.
9 NEW SUBSECTION. 0001. “Child” means a person under six
10years of age.
11 Sec. 2. Section 216.6, subsection 2, unnumbered paragraph
121, Code 2017, is amended to read as follows:
13Employment policies relating to pregnancy, and childbirth,
14and adoption shall be governed by the following:
15 Sec. 3. Section 216.6, subsection 2, paragraphs a, d, and e,
16Code 2017, are amended to read as follows:
17a. A written or unwritten employment policy or practice
18which excludes from employment applicants or employees because
19of the employee’s pregnancy or absence due to an adoption is a
20prima facie violation of this chapter.
21d. An employer shall not terminate the employment of a
22person disabled by pregnancy or absent due to an adoption
23 because of the employee’s pregnancy or absence.
24e. Where a leave is not available or a sufficient leave
25is not available under any health or temporary disability
26insurance or sick leave plan available in connection with
27employment, the employer of the pregnant or adopting employee
28shall not refuse to grant to the employee who is disabled by
29the pregnancy, or absent due to an adoption, a leave of absence
30if the leave of absence is for the period that the employee is
31disabled because of the employee’s pregnancy, childbirth, or
32related medical conditions, or preparing for or participating
33in the adoption of a child, or caring for a newly adopted
34child within the first year of adoption, or for eight weeks,
35whichever is less. However, the employee must provide timely
-1-1notice of the period of leave requested and the employer must
2approve any change in the period requested before the change is
3effective. Before granting the leave of absence, the employer
4may require that one of the following:
5(1) Thatthe employee’s disability resulting from pregnancy
6be verified by medical certification stating that the employee
7is not able to reasonably perform the duties of employment.
8(2) That the employee’s adoption of a child be verified by
9documentation of the adoption and that the employee certify in
10writing that the employee will not able to reasonably perform
11the duties of employment because the employee will be preparing
12for or participating in the adoption of a child, or caring for
13a newly adopted child within the first year of adoption.
14 Sec. 4. Section 216.6, subsection 2, Code 2017, is amended
15by adding the following new paragraph:
16 NEW PARAGRAPH. 0c. An employee’s absence due to an adoption
17shall, for all job-related purposes, be treated in the same
18manner as a temporary disability under any health or temporary
19disability insurance or sick leave plan available in connection
20with employment. Written and unwritten employment policies
21and practices involving matters such as the commencement and
22duration of leave, the availability of extensions, the accrual
23of seniority, and other benefits and privileges, reinstatement,
24and payment under any health or temporary disability insurance
25or sick leave plan, formal or informal, shall be applied to an
26employee’s absence due to an adoption on the same terms and
27conditions as they are applied to temporary disabilities.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31Code chapter 216, the Iowa civil rights Act, provides
32certain employment protections to employees relating to
33pregnancy and childbirth. This bill provides that these
34protections also apply to employees who are absent from work
35due to an adoption. The bill defines “adoption” as the process
-2-1of securing legal custody of a child as an adopting parent.
2The bill defines “absence due to an adoption” to include an
3absence in order to prepare for or participate in the adoption
4of a child, or to care for a newly adopted child within the
5first year of adoption. The bill defines “child” as a person
6under six years of age.
7The bill provides that an employment policy or practice
8which excludes from employment applicants or employees because
9of the employee’s absence due to an adoption is a prima facie
10violation of Code chapter 216.
11The bill provides that an employee’s absence due to an
12adoption shall, for all job-related purposes, be treated in
13the same manner as a temporary disability under any health or
14temporary disability insurance or sick leave plan available in
15connection with employment. The bill provides that employment
16policies and practices involving certain matters such as the
17commencement and duration of leave, the accrual of seniority,
18and payment under any health or temporary disability insurance
19or sick leave plan shall be applied to an employee’s absence
20due to an adoption on the same terms and conditions as they are
21applied to temporary disabilities.
22The bill prohibits an employer from terminating the
23employment of a person absent due to an adoption because of the
24employee’s absence.
25Where a leave is not available or a sufficient leave is not
26available under any health or temporary disability insurance
27or sick leave plan available in connection with employment,
28the bill prohibits an employer of an adopting employee from
29refusing to grant to the employee a leave of absence if
30the leave of absence is for the period that the employee is
31preparing for or participating in the adoption of a child,
32or caring for a newly adopted child within the first year of
33adoption, or for eight weeks, whichever is less. The employee
34must provide timely notice of the period of leave requested.
35The employer may first require that the employee’s adoption
-3-1of a child be verified by documentation and that the employee
2certify that the employee will not able to reasonably perform
3the duties of employment because the employee will be preparing
4for or participating in the adoption of a child, or caring for
5a newly adopted child within the first year of adoption.
6Penalty provisions for discriminatory employment practices
7are made applicable to violations of the employment protections
8granted by the bill.
-4-je/sc
2absent from work due to certain adoptions and making
3penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.2, Code 2017, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 01. “Absence due to an adoption” includes
4an absence in order to prepare for or participate in the
5adoption of a child, or to care for a newly adopted child
6within the first year of adoption.
7 NEW SUBSECTION. 001. “Adoption” means the process of
8securing legal custody of a child as an adopting parent.
9 NEW SUBSECTION. 0001. “Child” means a person under six
10years of age.
11 Sec. 2. Section 216.6, subsection 2, unnumbered paragraph
121, Code 2017, is amended to read as follows:
13Employment policies relating to pregnancy, and childbirth,
14and adoption shall be governed by the following:
15 Sec. 3. Section 216.6, subsection 2, paragraphs a, d, and e,
16Code 2017, are amended to read as follows:
17a. A written or unwritten employment policy or practice
18which excludes from employment applicants or employees because
19of the employee’s pregnancy or absence due to an adoption is a
20prima facie violation of this chapter.
21d. An employer shall not terminate the employment of a
22person disabled by pregnancy or absent due to an adoption
23 because of the employee’s pregnancy or absence.
24e. Where a leave is not available or a sufficient leave
25is not available under any health or temporary disability
26insurance or sick leave plan available in connection with
27employment, the employer of the pregnant or adopting employee
28shall not refuse to grant to the employee who is disabled by
29the pregnancy, or absent due to an adoption, a leave of absence
30if the leave of absence is for the period that the employee is
31disabled because of the employee’s pregnancy, childbirth, or
32related medical conditions, or preparing for or participating
33in the adoption of a child, or caring for a newly adopted
34child within the first year of adoption, or for eight weeks,
35whichever is less. However, the employee must provide timely
-1-1notice of the period of leave requested and the employer must
2approve any change in the period requested before the change is
3effective. Before granting the leave of absence, the employer
4may require that one of the following:
5(1) Thatthe employee’s disability resulting from pregnancy
6be verified by medical certification stating that the employee
7is not able to reasonably perform the duties of employment.
8(2) That the employee’s adoption of a child be verified by
9documentation of the adoption and that the employee certify in
10writing that the employee will not able to reasonably perform
11the duties of employment because the employee will be preparing
12for or participating in the adoption of a child, or caring for
13a newly adopted child within the first year of adoption.
14 Sec. 4. Section 216.6, subsection 2, Code 2017, is amended
15by adding the following new paragraph:
16 NEW PARAGRAPH. 0c. An employee’s absence due to an adoption
17shall, for all job-related purposes, be treated in the same
18manner as a temporary disability under any health or temporary
19disability insurance or sick leave plan available in connection
20with employment. Written and unwritten employment policies
21and practices involving matters such as the commencement and
22duration of leave, the availability of extensions, the accrual
23of seniority, and other benefits and privileges, reinstatement,
24and payment under any health or temporary disability insurance
25or sick leave plan, formal or informal, shall be applied to an
26employee’s absence due to an adoption on the same terms and
27conditions as they are applied to temporary disabilities.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31Code chapter 216, the Iowa civil rights Act, provides
32certain employment protections to employees relating to
33pregnancy and childbirth. This bill provides that these
34protections also apply to employees who are absent from work
35due to an adoption. The bill defines “adoption” as the process
-2-1of securing legal custody of a child as an adopting parent.
2The bill defines “absence due to an adoption” to include an
3absence in order to prepare for or participate in the adoption
4of a child, or to care for a newly adopted child within the
5first year of adoption. The bill defines “child” as a person
6under six years of age.
7The bill provides that an employment policy or practice
8which excludes from employment applicants or employees because
9of the employee’s absence due to an adoption is a prima facie
10violation of Code chapter 216.
11The bill provides that an employee’s absence due to an
12adoption shall, for all job-related purposes, be treated in
13the same manner as a temporary disability under any health or
14temporary disability insurance or sick leave plan available in
15connection with employment. The bill provides that employment
16policies and practices involving certain matters such as the
17commencement and duration of leave, the accrual of seniority,
18and payment under any health or temporary disability insurance
19or sick leave plan shall be applied to an employee’s absence
20due to an adoption on the same terms and conditions as they are
21applied to temporary disabilities.
22The bill prohibits an employer from terminating the
23employment of a person absent due to an adoption because of the
24employee’s absence.
25Where a leave is not available or a sufficient leave is not
26available under any health or temporary disability insurance
27or sick leave plan available in connection with employment,
28the bill prohibits an employer of an adopting employee from
29refusing to grant to the employee a leave of absence if
30the leave of absence is for the period that the employee is
31preparing for or participating in the adoption of a child,
32or caring for a newly adopted child within the first year of
33adoption, or for eight weeks, whichever is less. The employee
34must provide timely notice of the period of leave requested.
35The employer may first require that the employee’s adoption
-3-1of a child be verified by documentation and that the employee
2certify that the employee will not able to reasonably perform
3the duties of employment because the employee will be preparing
4for or participating in the adoption of a child, or caring for
5a newly adopted child within the first year of adoption.
6Penalty provisions for discriminatory employment practices
7are made applicable to violations of the employment protections
8granted by the bill.
-4-je/sc