Bill Text: IA HSB576 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for providing for employment leave relating to adoption.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-09 - 12:00PM; House Lounge Judiciary. [HSB576 Detail]
Download: Iowa-2015-HSB576-Introduced.html
House
Study
Bill
576
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
providing
for
employment
leave
relating
to
adoption.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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_____
Section
1.
Section
84A.5,
subsection
4,
Code
2016,
is
1
amended
to
read
as
follows:
2
4.
The
division
of
labor
services
is
responsible
for
the
3
administration
of
the
laws
of
this
state
under
chapters
88
,
4
88A
,
88B
,
89
,
89A
,
89B
,
90A
,
91
,
91A
,
91C
,
91D
,
91E
,
92
,
93,
and
5
94A
,
and
section
85.68
.
The
executive
head
of
the
division
is
6
the
labor
commissioner,
appointed
pursuant
to
section
91.2
.
7
Sec.
2.
Section
91.4,
subsection
2,
Code
2016,
is
amended
8
to
read
as
follows:
9
2.
The
director
of
the
department
of
workforce
development,
10
in
consultation
with
the
labor
commissioner,
shall,
at
the
11
time
provided
by
law,
make
an
annual
report
to
the
governor
12
setting
forth
in
appropriate
form
the
business
and
expense
of
13
the
division
of
labor
services
for
the
preceding
year,
the
14
number
of
remedial
actions
taken
under
chapter
89A
,
the
number
15
of
disputes
or
violations
processed
by
the
division
and
the
16
disposition
of
the
disputes
or
violations,
and
other
matters
17
pertaining
to
the
division
which
are
of
public
interest,
18
together
with
recommendations
for
change
or
amendment
of
the
19
laws
in
this
chapter
and
chapters
88
,
88A
,
88B
,
89
,
89A
,
89B
,
20
90A
,
91A
,
91C
,
91D
,
91E
,
92
,
93,
and
94A
,
and
section
85.68
,
21
and
the
recommendations,
if
any,
shall
be
transmitted
by
the
22
governor
to
the
first
general
assembly
in
session
after
the
23
report
is
filed.
24
Sec.
3.
NEW
SECTION
.
93.1
Definitions.
25
As
used
in
this
chapter,
unless
the
context
otherwise
26
requires:
27
1.
“Adoption”
means
the
permanent
placement
in
this
28
state
of
a
child
by
the
department
of
human
services,
by
a
29
licensed
agency
under
chapter
238,
by
an
agency
that
meets
the
30
provisions
of
the
interstate
compact
in
section
232.158,
or
31
by
a
person
making
an
independent
placement
according
to
the
32
provisions
of
chapter
600.
33
2.
“Employee”
means
a
natural
person
who
is
employed
in
this
34
state
for
wages
by
an
employer.
35
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3.
“Employer”
means
a
person,
as
defined
in
section
4.1,
who
1
in
this
state
employs
for
wages
a
natural
person.
2
4.
“Grandparent”
means
a
person
who
is
the
parent
of
a
3
parent
in
a
parent-child
relationship,
but
who
is
not
a
parent
4
in
that
parent-child
relationship.
5
5.
“Parent-child
relationship”
and
“stepparent”
mean
the
same
6
as
defined
in
section
600A.2.
7
Sec.
4.
NEW
SECTION
.
93.2
Adoption
leave.
8
1.
If
an
employer
provides
employees
with
maternity,
9
paternity,
or
other
leave
relating
to
natural
childbirth,
10
the
employer
shall
also
provide
similar
leave
to
employees
11
relating
to
adoption
of
a
child
under
five
years
of
age
or
of
12
a
child
five
years
of
age
or
older
and
incapable
of
self-care
13
because
of
a
mental
or
physical
disability,
if
the
child
will
14
be
residing
with
the
employee
during
the
period
of
the
leave.
15
Leave
pursuant
to
this
chapter
shall
only
be
required
within
16
the
first
year
of
such
an
adoption
by
an
employee.
17
2.
Before
granting
leave
pursuant
to
this
chapter,
the
18
employer
may
ask
that
an
employee
provide
documentation
19
verifying
the
employee’s
adoption,
the
date
of
the
adoption,
20
that
the
child
will
be
living
with
the
employee,
and
that
the
21
employee
is
not
the
child’s
grandparent
or
stepparent
and
does
22
not
have
an
already
established
parent-child
relationship
with
23
the
child.
24
3.
Leave
pursuant
to
this
chapter
shall
not
be
required
if
25
the
employee
is
the
child’s
grandparent
or
stepparent
or
if
the
26
employee
has
an
already
established
parent-child
relationship
27
with
the
child.
28
Sec.
5.
NEW
SECTION
.
93.3
Construction.
29
1.
This
chapter
shall
not
be
construed
to
require
an
30
employer
to
provide
paid
maternity,
paternity,
or
adoption
31
leave,
or
paid
vacation,
temporary
disability,
or
sick
time.
32
2.
This
chapter
shall
not
be
construed
to
prohibit
an
33
employer
from
complying
with
the
federal
Family
and
Medical
34
Leave
Act
of
1993,
Pub.
L.
No.
103-3,
or
other
federal
law
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or
from
implementing
leave
policies
with
additional
employee
1
benefits
for
adoption
leave
beyond
that
required
by
this
2
chapter.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
creates
new
Code
chapter
93,
relating
to
adoption
7
leave.
The
bill
requires
an
employer
who
provides
employees
8
with
maternity,
paternity,
or
other
leave
relating
to
natural
9
childbirth
to
also
provide
similar
leave
to
employees
relating
10
to
adoption
of
a
child
under
five
years
of
age
or
of
a
child
11
five
years
of
age
or
older
and
incapable
of
self-care
because
12
of
a
mental
or
physical
disability,
if
the
child
will
be
13
residing
with
the
employee
during
the
period
of
the
leave.
The
14
bill
only
requires
such
leave
within
the
first
year
of
such
an
15
adoption
by
an
employee.
16
The
bill
permits
an
employer
to
ask
that
an
employee
provide
17
documentation
verifying
certain
information
about
the
adoption
18
before
granting
leave
pursuant
to
the
bill.
19
Leave
pursuant
to
the
bill
is
not
required
if
the
employee
20
is
the
child’s
grandparent
or
stepparent
or
if
the
employee
21
has
an
already
established
parent-child
relationship
with
22
the
child.
“Parent-child
relationship”
is
defined
under
23
Code
section
600A.2
as
the
relationship
between
a
parent
24
and
a
child
recognized
by
the
law
as
conferring
certain
25
rights
and
privileges
and
imposing
certain
duties.
The
term
26
extends
equally
to
every
child
and
every
parent,
regardless
27
of
the
marital
status
of
the
parents
of
the
child.
The
28
rights,
duties,
and
privileges
recognized
in
the
parent-child
29
relationship
include
those
which
are
maintained
by
a
guardian,
30
custodian,
and
guardian
ad
litem.
31
The
bill
is
not
to
be
construed
to
require
an
employer
to
32
provide
paid
maternity,
paternity,
or
adoption
leave,
or
paid
33
vacation,
temporary
disability,
or
sick
time.
The
bill
is
34
not
to
be
construed
to
prohibit
an
employer
from
complying
35
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