Human Resources
Types of Leave
Employees may be eligible for leave, with or without pay, with supervisory pre-approval. Unless otherwise specified, information pertains to both contract and non-contract employees.
Refer to specific collective bargaining agreements for more information pertaining to leave for contract-covered employees.
Detailed information on the leave programs is also available on the Department of Administrative Services, Human Resources Enterprise Web site under Resources and Publications, Managers and Supervisor Manual, Chapter 6.
Vacation
As a permanent or probationary full-time State of Iowa employee, you accrue vacation as follows:
| 1-4 years of service | 2 weeks (80 hours) per year |
| 5-11 years of service | 3 weeks (120 hours) per year |
| 12-19 years of service | 4 weeks (160 hours) per year |
| 20-24 years of service | 4.4 weeks (176 hours) per year |
| 25 or more years of service | 5 weeks (200 hours) per year |
Note: You must be paid for 80 hours in a biweekly time period to accrue at these rates. Otherwise, your vacation accrual is prorated.
Part-time employees earn prorated amounts of vacation based on the number of paid hours.
Temporary employees (intermittent, emergency, intern, trainee, and seasonal status) do not earn vacation.
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Sick Leave
Your sick leave benefits are determined by your sick leave balance and your bargaining status.
If the sick leave balance is: |
Accrual Rate for: AFSCME IUP Science Unit Non-contract |
Accrual Rate for: IUP Social Services Unit |
| Zero to 750 hours | 18 days per year |
12 days per year |
| Over 750 hours to 1,500 hours | 12 days per year |
9 days per year |
| Over 1,500 hours | 6 days per year |
6 days per year |
If you are a part-time employee, you accrue prorated amounts of vacation and sick leave based on the number of hours for which you are paid.
Temporary employees (intermittent, emergency, seasonal, intern, and trainee status) do not earn sick leave.
Depending upon your bargaining status, you may be able to use sick leave for medically related disabilities, personal illness, and personal medical and dental appointments. In some cases, you can use sick leave for deaths in the immediate family, pallbearer service, care of immediate family members, and adoption.
Consult your collective bargaining agreement or see your Personnel Assistant for more information.
Employees on extended sick leave may apply for long-term disability or sick leave without pay. Contact the agency's personnel assistant for more information.
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Holidays
State of Iowa employees who accrue vacation and sick leave are entitled to nine (9) standard holidays per year:
| New Year's Day | January 1 |
| Dr. Martin Luther King, Jr.'s Birthday | Third Monday in January |
| Memorial Day | Last Monday in May |
| Independence Day | July 4 |
| Labor Day | First Monday in September |
| Veterans Day | November 11 |
| Thanksgiving Day | Fourth Thursday in November |
| Day after Thanksgiving Day | Fourth Friday in November |
| Christmas Day | December 25 |
In addition, employees are entitled to two (2) unscheduled holidays per year.
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Bone Marrow and Organ Donation Leave
Beginning July 1, 2003, state employees, excluding employees covered under a collective bargaining agreement which provides otherwise, shall be granted leaves of absence for the purpose of bone marrow or organ donation.
An employee who requests a leave of absence to serve as a bone marrow donor shall be granted a leave of absence of up to five workdays if the employee provides written verification from the employee’s physician or the hospital involved with the bone marrow donation that the employee will serve as a bone marrow donor.
An employee who requests a leave of absence to serve as a vascular organ donor shall be granted a leave of absence of up to thirty workdays if the employee provides written verification from the employee’s physician or the hospital involved with the vascular organ donation that the employee will serve as a vascular organ donor.
An employee who is granted a leave of absence under this section shall receive leave without loss of seniority, pay, vacation time, personal days, sick leave, insurance and health coverage benefits, or earned overtime accumulation. The employee shall be compensated at the employee’s regular rate of pay for those regular work hours during which the employee is absent from work.
An employee deemed to be on leave under this section shall not be deemed to be an employee of the state for purposes of workers’ compensation or for purposes of the Iowa Claims Act.
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Compensatory Leave
The use of accrued compensatory leave is granted at the convenience of the employee whenever possible.
The use of compensatory leave may be required by the employer for non-contract employees (5 day notice), SPOC employees (no notice requirement) or UE/IUP employees (between June 1 and June 30). Other conditions regarding compensatory leave for contract-covered employees are found in the "Hours of Work" articles in the respective collective bargaining agreements.
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Disaster Service Volunteer Leave
An employee may be granted a disaster service volunteer leave subject to the approval of appointing authority. Employee must be certified disaster service volunteer for the American Red Cross. Leave with pay for disaster must be within State of Iowa. Leave shall be only for 15 workdays in a fiscal year.
An employee on this leave shall not be deemed to be an employee of the state for purposes of Workers' Compensation or for purposes of the Iowa Claims Act.
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Donated Leave
Donated Leave for Employees
Policy
Non-contract covered employees, as well as employees covered by the United Electrical/Iowa United Professionals (UE/IUP), and State Police Officers Council (SPOC) collective bargaining agreements are eligible to donate or receive donated leave (vacation) hours for a catastrophic illness. Employees covered by the American Federation of State, County, and Municipal Employees (AFSCME) are eligible to donate or receive donated leave (vacation) hours. They are also eligible to donate compensatory leave, holiday compensatory leave and banked holiday time to any state employee. This policy includes Board of Regents and Community Based Corrections employees who are covered by one of the above referenced collective bargaining agreements.
Contributions shall be designated as "donated leave" and shall be subject to the rules, policies and procedures of the Iowa Department of Administrative Services (DAS). "Donated leave" means vacation leave, compensatory time, holiday compensatory time (hours) and banked holiday donated to employees as a monetary benefit only. Recipients will not accrue vacation and sick leave benefits based on donated leave hours.
Program Eligibility
In order to receive donated leave for a catastrophic illness, an employee must have a physical or mental illness or injury, as certified by a licensed physician, that will result in the inability of the employee to work for more than 30 work days on a consecutive or intermittent basis.
The employee must:
- Have exhausted all paid leave; and
- Not supplement workers' compensation to the extent that it exceeds more than 100 percent of the employee's pay for his or her regularly scheduled work hours on a pay period-by-pay period basis; and
- Not receive long-term disability (LTD); and
- Be approved for and using or have exhausted Family and Medical Leave Act (FMLA) leave hours if eligible; and
- Be on approved leave without pay for medical reasons during any hours for which he or she will receive donated leave.
Employers may, at their department's initiative and expense, seek second opinions or updates from physicians regarding the status of an employee's illness or injury. If the employee is receiving FMLA leave, a second opinion must be obtained from a physician who is not employed by the State.
Program Requirements
Hours shall be donated in whole-hour increments, however, they may be credited to the recipient in other than whole hour increments. All of the recipient's accrued leave must be used before donations will be credited to the recipient. Hours will be credited in increments not to exceed the employee's regularly scheduled work hours on a pay period-by-pay period basis. Recipients will not accrue vacation and sick leave on donated leave hours.
Approval for use of donated leave shall be for a period not to exceed one year either on an intermittent or continuous basis for each occurrence.
The employer shall post a "Request for Donated Leave for Catastrophic Illness Announcement" (CFN 552-0620) form indicating that an employee is eligible to receive donated leave and the name of the person to contact for the donation forms.
Leave without pay provisions shall apply to the following benefits: health, dental, basic life, long-term disability, pre-tax, deferred compensation, tax sheltered annuities, holiday pay, sick leave accrual, vacation leave accrual, shift differential pay, longevity pay and cash payments. In addition, employees receiving donated leave for catastrophic illness will not be eligible for leadworker pay, extraordinary duty pay or special duty pay. When FMLA leave and donated leave for a catastrophic illness are used concurrently, the state is obligated to pay its share of health and dental insurance as long as the employee continues his or her share of the premium, if any. Once FMLA is exhausted and the employee is receiving only catastrophic illness payments, the employee must pay the entire health and/or dental premium. The state also maintains an employee's basic life and long-term disability insurances during periods of FMLA leave.
Employees may choose to continue or terminate their optional deductions (e.g., miscellaneous insurance, savings bonds, "One Gift" and credit union) while using donated leave hours. Mandatory deductions are taken from gross pay first, then optional deductions as funds are available and as authorized by the employee. Union dues deductions will continue as long as the employee has sufficient earnings to cover the dollar amount certified to the employer after deductions for social security, federal taxes, state taxes, retirement, deferred compensation/annuities, health, dental, life and dependent care.
Contributions to the employee's dependent care account will not be allowed during a period of leave without pay. Claims will not be paid for dependent care while an employee is on leave without pay, unless the employee is not capable of self-care.
Contributions to the employee's flexible spending account may be stopped because of a "life" event by completing an Enrollment Agreement Change form within 30 work days of the event. Employees can begin deductions again by completing the Enrollment Agreement Change form within 30 work days of their return to work. For detailed information refer to the Summary Plan Document, Flexible Spending Account.
If an employee applies for and is approved to receive LTD benefits, he or she may continue to receive donated leave contributions for up to one year on an intermittent or continuous basis. An employee may terminate donated leave contributions at any time. An employee who continues to receive donated leave after LTD benefits have been approved will not be eligible to draw LTD benefits until the donated leave has been used. Donated leave hours not used are not credited to the recipient and are not deducted from the donor's leave balance.
When questions arise, departments are encouraged to consult with their DAS personnel officer.
Forms
Donated Leave for Catastrophic Illness Application - 552-0611 (PDF)
Donated Leave for Catastrophic Illness Contribution - 552-0612 (PDF)
Donated Leave for Catastrophic Illness Request - 552-0620 (PDF)
Donated Leave for Catastrophic Illness Request - 552-0620 (Word Template)
Donated Leave for Catastrophic Illness Tracking - 552-0628 (PDF)
Donated Leave for Catastrophic Illness of an Immediate Family Member
In certain circumstances State of Iowa employees may be eligible to donate or receive donated leave hours for an immediate family member’s catastrophic illness.
An “Immediate Family Member” means the employee’s spouse, parent, son, or daughter, as defined in the Family and Medical Leave Act of 1993 (FMLA).
A catastrophic illness is defined as a “physical or mental illness or injury of an immediate family member, certified by a licensed physician that will result in the inability of the employee to report to work for more than 30 work days due to the need to attend to the immediate family member on a consecutive or intermittent basis.
To be eligible to receive donated leave, an employee must:
- Have exhausted all paid leave; and
- Be approved for and using or have exhausted FMLA leave hours if eligible; and
- Be on approved leave without pay for the medical reasons of an immediate family member during any hours for which he or she will receive donated leave.
Donated leave is not considered income for purposes of the payment of the state share of insurance premiums.
Additional information on donated leave for immediate family members can be found in the Managers and Supervisors Manual or you can contact your supervisor or a member of your department's personnel office.
Forms
Donated Leave for Catastrophic Illness Immediate Family Member Application - 552-0639 (PDF)
Donated Leave for Catastrophic Illness Immediate Family Member Contribution - 552-0640 (PDF)
Donated Leave for Catastrophic Illness Immediate Family Member Request - 552-0641 (PDF)
Donated Leave for Catastrophic Illness Immediate Family Member Request - 552-0641 (Word)
Donated Leave for Catastrophic Illness Immediate Family Member Tracking - 552-0642 (PDF)
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Education Leave
An employee may be granted educational leave to develop skills that will improve their ability to perform state job responsibilities or to provide training and developmental opportunities for employees of a state agency that will enable the agency director to better meet the staffing needs of the agency. Education leave:
- May be a full or partial absence from the job:
- May include education financial assistance;
- Must be requested in writing on an Application for Education Leave and/or Education Financial Assistance form, available from the personnel assistance or personnel officer.
No initial request for education leave will be approved for more than 12 months. The appointing authority may grant an education leave extension of up to 12 additional months. The use of accrued vacation or compensatory leave in conjunction with a period of education leave is at the discretion of the appointing authority.
Forms
| Agreement for Recouping Recruitment, Retention, Education and Relocation Payments 552-0707 | ||
| Application for Educational Leave and/or Educational Financial Assistance 552-0304 | ||
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Election Leave
An employee who is not covered by the federal Hatch Act and becomes a candidate for paid partisan elective office shall:
- Upon written request, be placed in a leave status 30 calendar days before a primary, special, or general election.
- Be allowed to cover an election leave with:
- Accrued vacation.
- Accrued compensatory leave.
- Leave without pay.
- Upon written request, be granted leave to serve in the office for a period of up to six years.
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Examination and Interviewing Leave
May be granted paid leave to attend interviews during scheduled work hours for jobs within their agency. Agencies with statewide operations may restrict the case of paid time to interview within the central office, institution, county, or region. A reasonable time can be designated by the appointing authority. Employees may use vacation, compensatory, or leave without pay at the discretion of the appointing authority for interviews not mentioned above. Employer shall make known to employees the provisions of this rule.
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Family and Medical Leave (FMLA)
Background
The Family and Medical Leave Act (FMLA) is a federally mandated program that was signed into law on February 5, 1993. The United States Department of Labor is the Federal agency responsible for FMLA. The Iowa Department of Administrative Services, Human Resources Enterprise, is the state agency that is responsible for administering the program for employees of the State of Iowa.
The Act guarantees eligible employees the right to take job-protected unpaid leave, or to substitute appropriate paid leave, for up to 12 work weeks in a 12-month period without loss of employment or status for FMLA-qualifying family and medical reasons. The State of Iowa uses the state fiscal year for purposes of counting FMLA use. The following information is intended to assist you in understanding and complying with the requirements of the FMLA.
Effective Date
FMLA leave was effective for non-contract employees on August 5, 1993 and for contract-covered employees on February 5, 1994. Only leave taken on or after the effective date of the Act is considered FMLA leave.
Eligibility
Any employee who has been employed for at least 12 months and has worked for at least 1,250 hours in the previous 12-month period is eligible. Eligibility determinations are made as of the date that the FMLA leave is to begin.
Leave Entitlement
An employee is entitled to 12 weeks of FMLA leave in a fiscal year on either a continuous, intermittent, or reduced leave schedule basis for any one or more of the following reasons:
- The birth and care of a newborn child of the employee;
- Placement with the employee of a child for adoption or foster care;
- To care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- To take medical leave when the employee is unable to work because of a serious health condition.
This leave may be paid or unpaid.
Notice and Certification
Employees seeking to use FMLA leave are required to provide a 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. Employers may also require employees to provide:
- Medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member;
- Second or third medical opinions (at the employer's expense) and periodic recertification;
- Periodic reports during FMLA leave regarding the employee's status and intent to return to work.
Maintenance of Health Insurance Benefits
A covered employer is required to maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If applicable, arrangements will need to be made for employees to pay their share of health insurance premiums while on leave.
Fitness for Duty
When the leave involves the employee's own serious health condition, the employer may require a written release from the employee's health care provider as evidence that the employee is able to perform the essential functions of his or her position. The employee is required to pay for any costs associated with the release including travel. Failure to provide a written release may result in discipline up to and including discharge.
Returning from Leave
Upon returning from FMLA leave, an employee is entitled to the same position, or an "equivalent position." An equivalent position is one with the same pay, benefits and working conditions (shift and schedule) and the same or substantially similar duties, conditions, privileges, and status which require equivalent skill, effort, responsibility and authority.
Unlawful Acts
It is unlawful for an employer to interfere with, restrain, or deny the exercise of any right provided by FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice or because of involvement in any proceeding related to FMLA.
Enforcement
The Wage and Hour Division of the U.S. Department of Labor investigates FMLA complains made by employees. If violations cannot be satisfactorily resolved, the U.S. Department of Labor may bring action in court to compel compliance. Employees may also bring a private civil action against an employer for violations.
Forms
Family and Medical Leave Act (FMLA) Application - 552-0599
Family and Medical Leave Act (FMLA) Certification of Health Care Provider - 552-0610
Family and Medical Leave Act (FMLA) Employer Response - 552-0627
Family and Medical Leave Act (FMLA) Leave Retention - 552-0649
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Jury Duty/Court Appearance Leave
When an employee is summoned, subpoenaed, or directed by proper authority to a proceeding in which the employee is not a party:
The employee must be given time off during scheduled work hours. If the time off is considered regular work time, the employee must give any jury duty pay or witness fees received, other than travel and personal expenses, to the appointing authority.
If at least 2 hours (plus travel time) are available in the employee's regular workday contiguous to jury duty or a court appearance, the employee must report to work.
The employee must show proof of the amount of pay received for jury duty or a court appearance when returning to work.
If the employee must appear as a witness for the appointing authority, all time spent will be considered work time and will not be covered under this section.
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Leave Without Pay
Specific provisions regarding leaves of absence for contract-covered employees are found in the applicable collective bargaining agreements.
Permanent or probationary employees may request leave without pay. Original requests and extensions must:
- Be in writing,
- Clearly state the reason(s) for leave,
- Show beginning and ending dates, and
- Satisfy any specific contract provisions.
- Leave without pay may be granted before accrued vacation leave is exhausted, if approved by the appointing authority.
Pay Increase Eligibility
If you are on leave without pay for more than 30 days, your pay increase eligibility date will be adjusted accordingly, unless you are on military leave or educational leave required by the employer.
Leave Accrual
You will not accrue any vacation or sick leave while on leave without pay. Your sick leave and annual leave banks will remain while on leave without pay. Your accrual rate will remain unchanged if you return to work.
Deferred Compensation
While you are on leave without pay, whether for medical reasons or not, you will not be able to contribute to the deferred compensation program or receive employer matching funds.
Return to work from Leave without Pay
When you return from an approved leave without pay, you are entitled to a job in the same class or equivalent pay grade. Where none is available, reduction in force rules or collective bargaining provisions apply.
If you fail to return to work as scheduled from an approved leave without pay, you will be considered to have resigned.
Some employee benefits have different eligibility and payroll deduction rules depending on whether the leave is for medical reasons or not. The following describes these differences.
Leave Without Pay for Medical Reasons
Employees who are covered by the AFSCME or IUP Collective Bargaining Agreements and who have one year of seniority must be granted at least a 90 day period of unpaid medical leave if medical verification is submitted. Paid sick leave must be exhausted before unpaid leave is granted.
If your leave satisfies the provisions of the Family and Medical Leave Act (FMLA), you may be eligible for 12 weeks of the State's share of health, dental, life and LTD insurance premium payments. This is dependent upon your meeting FMLA eligibility requirements and the amount of FMLA leave you have used in the current fiscal year, if any.
Health and Dental Insurance
If you are on medical leave without pay for more than 30 days, and are eligible for FMLA, the state share of your health and dental insurance premiums will continue until your FMLA is exhausted. If you are not eligible for FMLA, the state share of your health and dental insurance premiums will stop at the end of the month of your last day in paid status. You may either drop your health and dental coverage or you may continue your insurance by making monthly payments for the full premium to your Personnel Assistant. You can continue to make these payments for as long as you remain on approved leave without pay. Whether you continue your coverage or have a lapse in coverage while on leave without pay, you will be eligible for the state share of your health and dental premiums beginning on the first of the month following your return to work from leave without pay.
Life and Long Term Disability Insurance
Your basic Life and Long Term Disability insurance coverage continues during periods of medical leave without pay. You must continue to pay for your supplemental life insurance coverage, if any. If you return to active employment within one year, your group term life insurance can be reinstated at the current coverage amounts. If you do not return to active employment within one year, you will have to provide evidence of insurability for any life coverage in excess of $15,000 ($10,000 basic and $5,000 guaranteed issue optional coverage).
Flexible Spending Accounts
If you are on leave without pay and are eligible for FMLA, you may elect to cancel your flexible spending account coverage or to continue your health flexible spending account. You may not continue your dependent care coverage while on FMLA. To continue your health flexible spending account, you may either pre-pay your missing deductions, pay as you go, or pay your missing deductions upon return to work. If you are not eligible for FMLA, your health and dependent care flexible spending account coverage ceases for any month in which you make no payroll deductions. Upon return to work, you are eligible to be reinstated in the program.
Leave Without Pay for Non-Medical Reasons
Health and Dental Insurance
If you are on leave without pay for more than 30 days, the state share of your health and dental insurance premiums will stop at the end of the month of your last day in paid status. You may either drop your health and dental coverage while on leave without pay or you may continue your insurance by making monthly payments for the full premium to your Personnel Assistant. You can continue to make these payments for as long as you remain on approved leave without pay. Whether you continue your coverage or have a lapse in coverage while on leave without pay, you will be eligible for the state share portion of the premium to be paid beginning the first of the month following your return to work from leave without pay.
Life and Long Term Disability Insurance
If you have less than $20,000 of Optional term life coverage, you can only continue your life insurance coverage through conversion. If you meet certain criteria and have more than $20,000 of Optional term life insurance coverage, you may be able to port your life coverage under the Portability provision of the state's group life insurance policy. The advantage to porting your life insurance is that it is generally less expensive than converted life insurance. Detailed information about Portability can be found in the life insurance booklet certificate. If you are eligible to port your life coverage, and wish to continue your life insurance coverage, you can do so by: 1) converting all or part of your current group term life coverage to an individual plan of whole life insurance, 2) porting your current optional (employee-paid) term life coverage, or 3) converting your basic coverage and porting your optional coverage.
If you return to active employment within one year, your group term life insurance can be reinstated at the coverage amounts that were in force when you began your leave of absence. If you do not return to active employment within one year, you will have to provide evidence of insurability for any life coverage in excess of $15,000 ($10,000 basic and $5,000 guaranteed issue optional coverage).
There is no provision for the continuation of Long Term Disability insurance coverage during periods of leave without pay for non-medical reasons.
Flexible Spending Accounts
Your health and dependent care flexible spending account coverage ceases for any month in which you make no payroll deductions. Upon return to work, you are eligible to be reinstated in the program.
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Military Leave
Permanent or probationary employees are allowed up to 30 calendar days paid military leave each calendar year when ordered to active or inactive duty. Any amount of military leave taken during any part of an employee's scheduled workday counts as an entire day toward the 30-calendar day maximum.
Employees shall not be required to have their work schedule changed to avoid the payment of leave.
If you are inducted into the military service, you can elect to apply for leave without pay or be separated from employment during the period of military service. In most cases, the maximum period of time an employee can be on leave without pay or be separated from employment and still have return rights is five years.
Employees returning from approved military service are entitled to a job in the same class or an equivalent pay grade whether they are placed on leave without pay or separated during the period of military service. When none is available, reduction in force rules or contract provisions apply. Employees must notify the agency or institution from which separated or placed on leave without pay within 90 calendar days following honorable discharge or from hospitalization continuing after discharge for a period of not more than one year. Failure to notify the employer within the approved time period results in the forfeiture of the employee's return rights.
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Voting Leave
Employees must be given time off with pay to vote on a public election day if the employee's regularly scheduled work hours do not allow a continuous three hour period before or after work hours when the voting polls are open.
Employees must submit voting leave requests to their supervisor prior to the election day.
The appointing authority may designate the time the employee may take off.
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Updated: 04/14/2008