Bill Text: IA SF4 | 2017-2018 | 87th General Assembly | Introduced

Iowa Senate Bill 4 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-08 - NOBA: Final [SF4 Detail]

Download: Iowa-2017-SF4-Introduced.html

Senate File 4 - Introduced




                                 SENATE FILE       
                                 BY  McCOY

                                      A BILL FOR

  1 An Act relating to the treatment of adoptive parent employees
  2    and making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  91A.5B  Treatment of adoptive parent
  1  2 employees.
  1  3    1.  For purposes of this section, "adoption" means the
  1  4 permanent placement in this state of a child by the department
  1  5 of human services, by a licensed agency under chapter 238, by
  1  6 an agency that meets the provisions of the interstate compact
  1  7 in section 232.158, or by a person making an independent
  1  8 placement according to the provisions of chapter 600.
  1  9    2.  An employer shall treat an employee who chooses to
  1 10 adopt in the same manner as an employee who is the biological
  1 11 parent of a newborn child for purposes of employment policies,
  1 12 benefits, and protections for the first year of the adoption.
  1 13                           EXPLANATION
  1 14 The inclusion of this explanation does not constitute agreement with
  1 15 the explanation's substance by the members of the general assembly.
  1 16    This bill requires an employer under Code chapter 91A to
  1 17 treat an employee who chooses to adopt in the same manner as an
  1 18 employee who is the biological parent of a newborn child for
  1 19 purposes of employment policies, benefits, and protections for
  1 20 the first year of the adoption.
  1 21    The bill defines "adoption" as the permanent placement in
  1 22 this state of a child by the department of human services,
  1 23 by a licensed agency under Code chapter 238, by an agency
  1 24 that meets the provisions of the interstate compact in Code
  1 25 section 232.158, or by a person making an independent placement
  1 26 according to the provisions of Code chapter 600.
  1 27    Code section 91A.2 defines "employer" as a person, as
  1 28 defined in Code chapter 4, who in this state employs for wages
  1 29 a natural person. The definition specifies that an employer
  1 30 does not include a client, patient, customer, or other person
  1 31 who obtains professional services from a licensed person
  1 32 who provides the services on a fee service basis or as an
  1 33 independent contractor.
  1 34    Code section 91A.2 defines "employee" as a natural person
  1 35 who is employed in this state for wages by an employer.
  2  1 Code section 91A.2 specifies that "employee" also includes a
  2  2 commission salesperson who takes orders or performs services
  2  3 on behalf of a principal and who is paid on the basis of
  2  4 commissions but does not include persons who purchase for their
  2  5 own account for resale. Code section 91A.2 also excludes
  2  6 certain persons engaged in agriculture from the definition of
  2  7 "employee".
  2  8    Code chapter 91A is administered and enforced by the
  2  9 labor commissioner. A violation of Code chapter 91A or the
  2 10 administrative rules promulgated under it is subject to a
  2 11 civil penalty of not more than $500 per pay period for each
  2 12 violation.
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