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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Criminal or civil proceedings
Under Iowa law, employers must not, because of an employee's service as a witness in a criminal proceeding:
- Discharge an employee,
- Take or fail to take action regarding an employee's promotion or proposed promotion, or
- Take action to reduce an employee's wages or benefits for actual time worked.
In addition, employers may not take such action against an employee who serves as a plaintiff, defendant, or witness in a civil proceeding under Chapter 236 (the Domestic Abuse Act).
Employees whose employer violates this rule are entitled to recover damages from the employer. Damages recoverable include, but are not limited to, actual damages, court costs, and reasonable attorney fees. The employee may also petition the court for imposition of a cease and desist order against the person's employer and for reinstatement to the person's previous position of employment.
Jury duty
Iowa law doesn’t require private employers to pay employees on jury duty.
Paid time off (PTO)
Iowa law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
Pregnancy
The state pregnancy leave provisions apply to employers with four or more employees.
Employee eligibility
Unlike federal FMLA, the state pregnancy discrimination provisions do not contain any eligibility criteria; the employee needs to work for an employer with four or more employees.
Leave entitlement
When required by the employee's health care provider, employees must be allowed to take an unpaid leave of absence for up to eight weeks if they are disabled because of the employee's pregnancy, childbirth, or related medical condition.
Type of leave
In regard to pregnancy disability leave, pregnancy is considered a temporary disability and must not be treated more harshly than other temporary disabilities under an employer policy.
Maintenance of health benefits
The law does not indicate that group health insurance coverage is required to be maintained during a pregnancy disability leave. Pregnancy-related leave should be treated the same as other types of leave. However, the federal FMLA does require group health care to be maintained during leave.
Job restoration
Employers must hold open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave, but must allow up to eight weeks of medically indicated leave. Beyond that, employers should try to return the person to the same or similar job within the same pay range.
Notice
Employees must provide timely notice of the period of leave requested, and the employer must approve any change in the period requested before the change is effective. Employers may require that there be a medical certification to support the need for pregnancy disability leave.
Voting
For state elections, Iowa law allows employees time off to vote. Deductions of pay are not allowed. Employees must give written notice before election day. This time off for voting doesn’t apply if there are three consecutive nonworking hours between the time of opening and the time of closing of the polls and the employee is not employed on the job.
Witness
The state witness leave provisions do not indicate a particular period of leave. Instead, they simply indicate that employees may not be terminated if they serve as a witness in a criminal proceeding or as a plaintiff, defendant, or witness in a civil proceeding.
Federal
Contacts
None.
Regulations
None.