2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 2 - Public Officers and Employees
CHAPTER 70A - FINANCIAL AND OTHER PROVISIONS FOR PUBLIC OFFICERS AND EMPLOYEES
70A.1 - SALARIES -- PAYMENT -- VACATIONS -- SICK LEAVE -- EDUCATIONAL LEAVE.

        70A.1  SALARIES -- PAYMENT -- VACATIONS -- SICK LEAVE
      -- EDUCATIONAL LEAVE.
         1.  Salaries specifically provided for in an appropriation Act of
      the general assembly shall be in lieu of existing statutory salaries,
      for the positions provided for in the Act, and all salaries,
      including longevity where applicable by express provision in the
      Code, shall be paid according to the provisions of chapter 91A and
      shall be in full compensation of all services, including any service
      on committees, boards, commissions or similar duty for Iowa
      government, except for members of the general assembly.  A state
      employee on an annual salary shall not be paid for a pay period an
      amount which exceeds the employee's annual salary transposed into a
      rate applicable to the pay period by dividing the annual salary by
      the number of pay periods in the fiscal year.  Salaries for state
      employees covered by the overtime payment provisions of the federal
      Fair Labor Standards Act shall be established on an hourly basis.
         2. a.  All employees of the state earn two weeks' vacation per
      year during the first year of employment and through the fourth year
      of employment, and three weeks' vacation per year during the fifth
      and through the eleventh year of employment, and four weeks' vacation
      per year during the twelfth year through the nineteenth year of
      employment, and four and four-tenths weeks' vacation per year during
      the twentieth year through the twenty-fourth year of employment, and
      five weeks' vacation per year during the twenty-fifth year and all
      subsequent years of employment, with pay.  One week of vacation is
      equal to the number of hours in the employee's normal workweek.
      Vacation allowances accrue according to chapter 91A as provided by
      the rules of the department of administrative services.
         b.  The vacations shall be granted at the discretion and
      convenience of the head of the department, agency, or commission,
      except that an employee shall not be granted vacation in excess of
      the amount earned by the employee.  Vacation leave earned under this
      subsection shall not be cumulated to an amount in excess of twice the
      employee's annual rate of accrual.  The head of the department,
      agency, or commission shall make every reasonable effort to schedule
      vacation leave sufficient to prevent any loss of entitlements.
         c. (1)  If the employment of an employee of the state is
      terminated, the provisions of chapter 91A relating to the termination
      apply.
         (2)  If the termination of employment is by reason of the death of
      the employee, the vacation allowance shall be paid to the estate of
      the deceased employee if the estate is opened for probate.  If an
      estate is not opened, the allowance shall be paid to the surviving
      spouse, if any, or to the legal heirs if no spouse survives.
         3.  Payments authorized by this section shall be approved by the
      department subject to rules of the department of administrative
      services and paid from the appropriation or fund of original
      certification of the claim.
         4.  Effective July 1, 2006, permanent full-time and permanent
      part-time employees of state departments, boards, agencies, and
      commissions shall accrue sick leave as provided in this subsection
      which shall be credited to the employee's sick leave account.  The
      sick leave accrual rate for part-time employees shall be prorated to
      the accrual rate for full-time employees.  The sick leave accrual
      rate for each complete month of full-time employment, excluding
      employees covered under a collective bargaining agreement which
      provides for a different rate of accrual, shall be as follows:
         a.  For employees of the state board of regents, one and
      one-half days.
         b.  For employees who are peace officers employed within the
      department of public safety or department of natural resources and
      who are not covered under a collective bargaining agreement, the rate
      shall be the same as the rate provided under the state police
      officers council collective bargaining agreement.
         c.  For all other employees, the rate shall be as follows:
         (1)  If the employee's accrued sick leave balance is seven hundred
      fifty hours or less, one and one-half days.
         (2)  If the employee's accrued sick leave balance is one thousand
      five hundred hours or less but more than seven hundred fifty hours,
      one day.
         (3)  If the employee's accrued sick leave balance is more than one
      thousand five hundred hours, one-half day.
         5.  Sick leave shall not accrue during any period of absence
      without pay.  Employees may use accrued sick leave for physical or
      mental personal illness, bodily injury, medically related
      disabilities, including disabilities resulting from pregnancy and
      childbirth, or contagious disease, which result in any of the
      following:
         a.  The employee's confinement is required.
         b.  The employee is rendered unable to perform assigned
      duties.
         c.  The performance of assigned duties would jeopardize the
      employee's health or recovery.
         6.  Except as provided in section 70A.23, all unused accrued sick
      leave in an employee's sick leave account is canceled upon the
      employee's separation from state employment.  However, if an employee
      is laid off and the employee is reemployed by any state department,
      board, agency, or commission within one year of the date of the
      layoff, accrued sick leave of the employee shall be restored.
         7.  State employees, excluding state board of regents' faculty
      members with nine-month appointments, and employees covered under a
      collective bargaining agreement negotiated with the public safety
      bargaining unit who are eligible for accrued vacation benefits and
      accrued sick leave benefits, who have accumulated thirty days of sick
      leave, and who do not use sick leave during a full month of
      employment may elect to have up to one-half day of additional
      vacation added to the employee's accrued vacation account.  The
      additional vacation time added to an employee's accrued vacation
      account for not using sick leave during a month is in lieu of the
      accrual of sick leave for that month.  The amount of additional
      vacation for part-time employees shall be prorated to the amount of
      additional vacation authorized for full-time employees.  The director
      of the department of administrative services may adopt the necessary
      rules and procedures for the implementation of this program for all
      state employees except employees of the state board of regents.  The
      state board of regents may adopt necessary rules for the
      implementation of this program for its employees.
         8.  The head of any department, agency, or commission, subject to
      rules of the department of administrative services, may grant an
      educational leave to employees for whom the head of the department,
      agency, or commission is responsible pursuant to section 70A.25 and
      funds appropriated by the general assembly may be used for this
      purpose.  The head of the department, agency, or commission shall
      notify the legislative council and the director of the department of
      administrative services of all educational leaves granted within
      fifteen days of the granting of the educational leave.  If the head
      of a department, agency, or commission fails to notify the
      legislative council and the director of the department of
      administrative services of an educational leave, the expenditure of
      funds appropriated by the general assembly for the educational leave
      shall not be allowed.
         9.  A specific annual salary rate or annual salary adjustment
      commencing with a fiscal year shall commence on July 1 except that if
      a pay period overlaps two fiscal years, a specific annual salary rate
      or annual salary adjustment shall commence with the first day of a
      pay period as specified by the general assembly.  

         Section History: Early Form

         [C73, § 3780; C97, § 1289; C24, 27, 31, 35, 39, § 1218; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 79.1; 81 Acts, ch 20, §
      2] 

         Section History: Recent Form

         85 Acts, ch 215, §1; 86 Acts, ch 1244, § 13; 86 Acts, ch 1245, §
      231, 232; 87 Acts, ch 227, § 16; 89 Acts, ch 303, §17
         C93, § 70A.1
         97 Acts, ch 28, §7; 2003 Acts, ch 145, §286; 2006 Acts, ch 1020,
      §1; 2008 Acts, ch 1032, §201
         Referred to in § 1C.2, 8A.413, 70A.32, 218.17, 602.1401, 602.11102

         Paid holidays; §1C.2