Bill Text: IA SF476 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the treatment of adoptive parent employees and making penalties applicable. (Formerly SSB 1204, SF 82; See SF 2165.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-02-05 - Committee report approving bill, renumbered as SF 2165. S.J. 221. [SF476 Detail]

Download: Iowa-2019-SF476-Introduced.html
Senate File 476 - Introduced SENATE FILE 476 BY COMMITTEE ON LABOR AND BUSINESS RELATIONS (SUCCESSOR TO SSB 1204) 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 1833SV (1) 88 je/rn
S.F. 476 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 9 adopt in the same manner as an employee who is the biological 10 parent of a newborn child for purposes of employment policies, 11 benefits, 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 chooses to adopt 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 in 21 this state of a child by the department of human services, 22 by a licensed agency under Code chapter 238, by an agency 23 that meets the provisions of the interstate compact in Code 24 section 232.158, or by a person making an independent placement 25 according to the provisions of Code chapter 600. 26 Code section 91A.2 defines “employer” as a person, as 27 defined in Code chapter 4, who in this state employs for wages 28 a natural person. The definition specifies that an employer 29 does not include a client, patient, customer, or other person 30 who obtains professional services from a licensed person 31 who provides the services on a fee service basis or as an 32 independent contractor. 33 Code section 91A.2 defines “employee” as a natural person 34 who is employed in this state for wages by an employer. 35 -1- LSB 1833SV (1) 88 je/rn 1/ 2
S.F. 476 Code section 91A.2 specifies that “employee” also includes a 1 commission salesperson who takes orders or performs services 2 on behalf of a principal and who is paid on the basis of 3 commissions but does not include persons who purchase for their 4 own account for resale. Code section 91A.2 also excludes 5 certain persons engaged in agriculture from the definition of 6 “employee”. 7 Code chapter 91A is administered and enforced by the 8 labor commissioner. A violation of Code chapter 91A or the 9 administrative rules promulgated under it is subject to a 10 civil penalty of not more than $500 per pay period for each 11 violation. 12 -2- LSB 1833SV (1) 88 je/rn 2/ 2
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