Bill Text: IA SF3 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to the treatment of adoptive parent employees and making penalties applicable.(See SF 186.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-01 - Committee report approving bill, renumbered as SF 186. S.J. 234. [SF3 Detail]

Download: Iowa-2023-SF3-Introduced.html
Senate File 3 - Introduced SENATE FILE 3 BY ZAUN 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 1295XS (1) 90 je/rn
S.F. 3 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 in 9 the same manner as an employee who is the biological parent of 10 a newborn child for purposes of employment policies, benefits, 11 and protections for the first year of the adoption. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill requires an employer under Code chapter 91A to 16 treat an employee who adopts a child in the same manner as an 17 employee who is the biological parent of a newborn child for 18 purposes of employment policies, benefits, and protections for 19 the first year of the adoption. 20 The bill defines “adoption” as the permanent placement 21 for adoption in this state of a child by the department of 22 health and human services, by an adoption service provider as 23 defined in Code section 600A.2, or by an agency that meets the 24 provisions of the interstate compact in Code section 232.158. 25 Code section 91A.2 defines “employer” as a person, as 26 defined in Code chapter 4, who in this state employs for wages 27 a natural person. The definition specifies that an employer 28 does not include a client, patient, customer, or other person 29 who obtains professional services from a licensed person 30 who provides the services on a fee service basis or as an 31 independent contractor. 32 Code section 91A.2 defines “employee” as a natural person 33 who is employed in this state for wages by an employer. 34 Code section 91A.2 specifies that “employee” also includes a 35 -1- LSB 1295XS (1) 90 je/rn 1/ 2
S.F. 3 commission salesperson who takes orders or performs services 1 on behalf of a principal and who is paid on the basis of 2 commissions but does not include persons who purchase for their 3 own account for resale. Code section 91A.2 also excludes 4 certain persons engaged in agriculture and certain independent 5 contractors from the definition of “employee”. 6 Code chapter 91A is administered and enforced by the 7 labor commissioner. A violation of Code chapter 91A or the 8 administrative rules promulgated under it is subject to a 9 civil penalty of not more than $500 per pay period for each 10 violation. 11 -2- LSB 1295XS (1) 90 je/rn 2/ 2
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