Bill > SF186

Introduced Session

This bill requires an employer under Code chapter 91A to treat an employee who adopts a child up to six years of age in the same manner as an employee who is the biological parent of a newborn child for purposes of employment policies, benefits, and protections for the first year of the adoption. An employee shall not be entitled to disability leave without a qualifying disability under an employer’s disability policies. The bill defines “adoption” as the permanent placement for adoption in this state of a child by the department of health and human services, by an adoption service provider as defined in Code section 600A.2, or by an agency that meets the provisions of the interstate compact in Code section 232.158. Code section 91A.2 defines “employer” as a person, as defined in Code chapter 4, who in this state employs for wages a natural person. The definition specifies that an employer does not include a client, patient, customer, or other person who obtains professional services from a licensed person who provides the services on a fee service basis or as an independent contractor. Code section 91A.2 defines “employee” as a natural person who is employed in this state for wages by an employer. Code section 91A.2 specifies that “employee” also includes a commission salesperson who takes orders or performs services on behalf of a principal and who is paid on the basis of commissions but does not include persons who purchase for their own account for resale. Code section 91A.2 also excludes certain persons engaged in agriculture and certain independent contractors from the definition of “employee”. Code chapter 91A is administered and enforced by the labor commissioner. A violation of Code chapter 91A or the administrative rules promulgated under it is subject to a civil penalty of not more than $500 per pay period for each violation.

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Referred to Workforce. S.J. 1091. (on 06/05/2023)

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