Bill Text: IA HF116 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act providing for employment protections for employees absent from work due to certain adoptions and making penalties applicable.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-02-04 - Passed subcommittee. [HF116 Detail]

Download: Iowa-2015-HF116-Introduced.html

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House File 116 - Introduced




                                 HOUSE FILE       
                                 BY  WINDSCHITL

                                      A BILL FOR

  1 An Act providing for employment protections for employees
  2    absent from work due to certain adoptions and making
  3    penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1828YH (1) 86
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PAG LIN



  1  1    Section 1.  Section 216.2, Code 2015, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  01.  "Absence due to an adoption" includes
  1  4 an absence in order to prepare for or participate in the
  1  5 adoption of a child, or to care for a newly adopted child
  1  6 within the first year of adoption.
  1  7    NEW SUBSECTION.  001.  "Adoption" means the process of
  1  8 securing legal custody of a child.
  1  9    NEW SUBSECTION.  0001.  "Child" means a person under six
  1 10 years of age.
  1 11    Sec. 2.  Section 216.6, subsection 2, unnumbered paragraph
  1 12 1, Code 2015, is amended to read as follows:
  1 13    Employment policies relating to pregnancy, and childbirth,
  1 14 and adoption shall be governed by the following:
  1 15    Sec. 3.  Section 216.6, subsection 2, paragraphs a, d, and e,
  1 16 Code 2015, are amended to read as follows:
  1 17    a.  A written or unwritten employment policy or practice
  1 18 which excludes from employment applicants or employees because
  1 19 of the employee's pregnancy or adoption is a prima facie
  1 20 violation of this chapter.
  1 21    d.  An employer shall not terminate the employment of a
  1 22 person disabled by pregnancy or absent due to an adoption
  1 23  because of the employee's pregnancy or absence.
  1 24    e.  Where a leave is not available or a sufficient leave
  1 25 is not available under any health or temporary disability
  1 26 insurance or sick leave plan available in connection with
  1 27 employment, the employer of the pregnant or adopting employee
  1 28 shall not refuse to grant to the employee who is disabled by
  1 29 the pregnancy, or absent due to an adoption, a leave of absence
  1 30 if the leave of absence is for the period that the employee is
  1 31 disabled because of the employee's pregnancy, childbirth, or
  1 32 related medical conditions, or preparing for or participating
  1 33 in the adoption of a child, or caring for a newly adopted
  1 34 child within the first year of adoption, or for eight weeks,
  1 35 whichever is less. However, the employee must provide timely
  2  1 notice of the period of leave requested and the employer must
  2  2 approve any change in the period requested before the change is
  2  3 effective. Before granting the leave of absence, the employer
  2  4 may require that one of the following:
  2  5    (1)  That the employee's disability resulting from pregnancy
  2  6 be verified by medical certification stating that the employee
  2  7 is not able to reasonably perform the duties of employment.
  2  8    (2)  That the employee's adoption of a child be verified by
  2  9 documentation of the adoption and that the employee certify in
  2 10 writing that the employee will not able to reasonably perform
  2 11 the duties of employment because the employee will be preparing
  2 12 for or participating in the adoption of a child, or caring for
  2 13 a newly adopted child within the first year of adoption.
  2 14    Sec. 4.  Section 216.6, subsection 2, Code 2015, is amended
  2 15 by adding the following new paragraph:
  2 16    NEW PARAGRAPH.  0c.  An employee's absence due to an adoption
  2 17 shall, for all job=related purposes, be treated in the same
  2 18 manner as a temporary disability under any health or temporary
  2 19 disability insurance or sick leave plan available in connection
  2 20 with employment.  Written and unwritten employment policies
  2 21 and practices involving matters such as the commencement and
  2 22 duration of leave, the availability of extensions, the accrual
  2 23 of seniority, and other benefits and privileges, reinstatement,
  2 24 and payment under any health or temporary disability insurance
  2 25 or sick leave plan, formal or informal, shall be applied to an
  2 26 employee's absence due to an adoption on the same terms and
  2 27 conditions as they are applied to temporary disabilities.
  2 28                           EXPLANATION
  2 29 The inclusion of this explanation does not constitute agreement with
  2 30 the explanation's substance by the members of the general assembly.
  2 31    Code chapter 216, the Iowa civil rights Act, provides
  2 32 certain employment protections to employees relating to
  2 33 pregnancy and childbirth. This bill provides that these
  2 34 protections also apply to employees who are absent from work
  2 35 due to an adoption. The bill defines "adoption" as the
  3  1 process of securing legal custody of a child. The bill defines
  3  2 "absence due to an adoption" to include an absence in order
  3  3 to prepare for or participate in the adoption of a child, or
  3  4 to care for a newly adopted child within the first year of
  3  5 adoption. The bill defines "child" as a person under six years
  3  6 of age.
  3  7    The bill provides that an employment policy or practice
  3  8 which excludes from employment applicants or employees because
  3  9 of the employee's adoption is a prima facie violation of Code
  3 10 chapter 216.
  3 11    The bill provides that an employee's absence due to an
  3 12 adoption shall, for all job=related purposes, be treated in
  3 13 the same manner as a temporary disability under any health or
  3 14 temporary disability insurance or sick leave plan available in
  3 15 connection with employment.  The bill provides that employment
  3 16 policies and practices involving certain matters such as the
  3 17 commencement and duration of leave, the accrual of seniority,
  3 18 and payment under any health or temporary disability insurance
  3 19 or sick leave plan shall be applied to an employee's absence
  3 20 due to an adoption on the same terms and conditions as they are
  3 21 applied to temporary disabilities.
  3 22    The bill prohibits an employer from terminating the
  3 23 employment of a person absent due to an adoption because of the
  3 24 employee's absence.
  3 25    Where a leave is not available or a sufficient leave is not
  3 26 available under any health or temporary disability insurance
  3 27 or sick leave plan available in connection with employment,
  3 28 the bill prohibits an employer of an adopting employee from
  3 29 refusing to grant to the employee a leave of absence if
  3 30 the leave of absence is for the period that the employee is
  3 31 preparing for or participating in the adoption of a child,
  3 32 or caring for a newly adopted child within the first year of
  3 33 adoption, or for eight weeks, whichever is less.  The employee
  3 34 must provide timely notice of the period of leave requested.
  3 35 The employer may first require that the employee's adoption
  4  1 of a child be verified by documentation and that the employee
  4  2 certify that the employee will not able to reasonably perform
  4  3 the duties of employment because the employee will be preparing
  4  4 for or participating in the adoption of a child, or caring for
  4  5 a newly adopted child within the first year of adoption.
  4  6    Penalty provisions for discriminatory employment practices
  4  7 are made applicable to violations of the employment protections
  4  8 granted by the bill.
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