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House
File
26
-
Introduced
HOUSE
FILE
26
BY
LOHSE
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
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1317YH
(1)
91
je/js
H.F.
26
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
health
and
human
services,
by
a
licensed
agency
under
5
chapter
238,
by
an
agency
that
meets
the
provisions
of
the
6
interstate
compact
in
section
232.158,
or
by
a
person
making
an
7
independent
placement
according
to
the
provisions
of
chapter
8
600.
9
2.
An
employer
shall
treat
an
employee
who
chooses
to
adopt
10
a
child
up
to
six
years
of
age
in
the
same
manner
as
an
employee
11
who
is
the
biological
parent
of
a
newborn
child
for
purposes
of
12
employment
policies,
benefits,
and
protections
for
the
first
13
year
of
the
adoption.
14
3.
Notwithstanding
subsection
2,
an
employee
shall
not
be
15
entitled
to
disability
leave
without
a
qualifying
disability
16
under
an
employer’s
disability
policies.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
requires
an
employer
under
Code
chapter
91A
to
21
treat
an
employee
who
chooses
to
adopt
a
child
up
to
six
years
22
of
age
in
the
same
manner
as
an
employee
who
is
the
biological
23
parent
of
a
newborn
child
for
purposes
of
employment
policies,
24
benefits,
and
protections
for
the
first
year
of
the
adoption.
25
An
employee
shall
not
be
entitled
to
disability
leave
without
a
26
qualifying
disability
under
an
employer’s
disability
policies.
27
The
bill
defines
“adoption”
as
the
permanent
placement
in
28
this
state
of
a
child
by
the
department
of
health
and
human
29
services,
by
a
licensed
agency
under
Code
chapter
238,
by
an
30
agency
that
meets
the
provisions
of
the
interstate
compact
in
31
Code
section
232.158,
or
by
a
person
making
an
independent
32
placement
according
to
the
provisions
of
Code
chapter
600.
33
Code
section
91A.2
defines
“employer”
as
a
person,
as
34
defined
in
Code
chapter
4,
who
in
this
state
employs
for
wages
35
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26
a
natural
person.
The
definition
specifies
that
an
employer
1
does
not
include
a
client,
patient,
customer,
or
other
person
2
who
obtains
professional
services
from
a
licensed
person
3
who
provides
the
services
on
a
fee
service
basis
or
as
an
4
independent
contractor.
5
Code
section
91A.2
defines
“employee”
as
a
natural
person
6
who
is
employed
in
this
state
for
wages
by
an
employer.
7
Code
section
91A.2
specifies
that
“employee”
also
includes
a
8
commission
salesperson
who
takes
orders
or
performs
services
9
on
behalf
of
a
principal
and
who
is
paid
on
the
basis
of
10
commissions
but
does
not
include
persons
who
purchase
for
their
11
own
account
for
resale.
Code
section
91A.2
also
excludes
12
certain
persons
engaged
in
agriculture
and
certain
independent
13
contractors
from
the
definition
of
“employee”.
14
Code
chapter
91A
is
administered
and
enforced
by
the
15
director
of
the
department
of
inspections,
appeals,
16
and
licensing.
A
violation
of
Code
chapter
91A
or
the
17
administrative
rules
promulgated
under
it
is
subject
to
a
18
civil
penalty
of
not
more
than
$500
per
pay
period
for
each
19
violation.
20
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