SECOND REGULAR SESSION

SENATE BILL NO. 756

89TH GENERAL ASSEMBLY


INTRODUCED BY SENATOR SIMS.

Read 1st time January 19, 1998, and 1,000 copies ordered printed.

TERRY L. SPIELER, Secretary.

S3266.02I


AN ACT

To repeal section 105.271, RSMo 1994, and section 453.015, RSMo Supp. 1997, relating to employee leave for stepparents, and to enact in lieu thereof two new sections relating to the same subject.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Section 105.271, RSMo 1994, and section 453.015, RSMo Supp. 1997, are repealed and two new sections enacted in lieu thereof, to be known as sections 105.271 and 453.015, to read as follows:

105.271.  1.  An adoptive parent who is employed by the state of Missouri, its departments, agencies, or political subdivisions, may use his or her accrued sick leave, annual leave, or the same leave without pay granted to biological parents to take time off for purposes of arranging for the adopted child's placement or caring for the child after placement.  The employer shall not penalize an employee for requesting or obtaining time off according to this section.

2.  A stepparent, as defined in section 453.015, RSMo, who is employed by the state of Missouri, its departments, agencies, or political subdivisions, may use his or her accrued sick leave, annual leave or the same leave without pay granted to biological parents to take time off to care for his or her stepchild.  The employer shall not penalize an employee for requesting or obtaining time off according to this section.

[2.]  3.  The leave authorized by this section may be requested by the employee only if the employee is the person who is primarily responsible for furnishing the care and nurture of the child.

453.015.  As used in sections 453.010 to [453.335] 453.400, the following terms mean:

(1)  "Minor" or "child", any person who has not attained the age of eighteen years or any person in the custody of the division of family services who has not attained the age of twenty-one;

(2)  "Parent", a birth parent or parents of a child, including the putative father of the child, as well as the husband of a birth mother at the time the child was conceived, or a parent or parents of a child by adoption.  The putative father shall have no legal relationship unless he has acknowledged the child as his own by affirmatively asserting his paternity;

(3)  "Putative father", the alleged or presumed father of a child including a person who has filed a notice of intent to claim paternity with the putative father registry established in section 192.016, RSMo, and a person who has filed a voluntary acknowledgment of paternity pursuant to section 193.087, RSMo[.]; and

(4)  "Stepparent", the spouse of a biological or adoptive parent.  The term does not include the state if the child is a ward of the state.  The term does not include a person whose parental rights have been terminated.




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