Bill Text: IA SF362 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the treatment of adoptive parent employees and making penalties applicable.(Formerly SSB 1030.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2021-06-22 - Referred to Labor and Business Relations. S.J. 1148. [SF362 Detail]

Download: Iowa-2021-SF362-Introduced.html
Senate File 362 - Introduced SENATE FILE 362 BY COMMITTEE ON LABOR AND BUSINESS RELATIONS (SUCCESSOR TO SSB 1030) 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 1633SV (1) 89 je/rn
S.F. 362 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 in this state of a child by the department 4 of human services, by a licensed agency under chapter 238, by 5 an agency that meets the provisions of the interstate compact 6 in section 232.158, or by a person making an independent 7 placement according to the provisions of chapter 600. 8 2. An employer shall treat an employee who chooses to adopt 9 a child up to eighteen years of age in the same manner as an 10 employee who is the biological parent of a newborn child for 11 purposes of employment policies, benefits, and protections for 12 the first year of the adoption. 13 3. Notwithstanding subsection 2, an employee shall not be 14 entitled to disability leave without a qualifying disability 15 under an employer’s disability policies. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill requires an employer under Code chapter 91A to 20 treat an employee who chooses to adopt a child up to 18 years 21 of age in the same manner as an employee who is the biological 22 parent of a newborn child for purposes of employment policies, 23 benefits, and protections for the first year of the adoption. 24 An employee shall not be entitled to disability leave without a 25 qualifying disability under an employer’s disability policies. 26 The bill defines “adoption” as the permanent placement in 27 this state of a child by the department of human services, 28 by a licensed agency under Code chapter 238, by an agency 29 that meets the provisions of the interstate compact in Code 30 section 232.158, or by a person making an independent placement 31 according to the provisions of Code chapter 600. 32 Code section 91A.2 defines “employer” as a person, as 33 defined in Code chapter 4, who in this state employs for wages 34 a natural person. The definition specifies that an employer 35 -1- LSB 1633SV (1) 89 je/rn 1/ 2
S.F. 362 does not include a client, patient, customer, or other person 1 who obtains professional services from a licensed person 2 who provides the services on a fee service basis or as an 3 independent contractor. 4 Code section 91A.2 defines “employee” as a natural person 5 who is employed in this state for wages by an employer. 6 Code section 91A.2 specifies that “employee” also includes a 7 commission salesperson who takes orders or performs services 8 on behalf of a principal and who is paid on the basis of 9 commissions but does not include persons who purchase for their 10 own account for resale. Code section 91A.2 also excludes 11 certain persons engaged in agriculture from the definition of 12 “employee”. 13 Code chapter 91A is administered and enforced by the 14 labor commissioner. A violation of Code chapter 91A or the 15 administrative rules promulgated under it is subject to a 16 civil penalty of not more than $500 per pay period for each 17 violation. 18 -2- LSB 1633SV (1) 89 je/rn 2/ 2
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