Iowa Veterans Day Law: Part II

Iowa Employment & Labor Law Dickinson Law Firm Des Moines Iowa

Posted on 09/08/2010 at 01:30 PM by The Newsroom

As Veterans Day approaches, we have had several inquiries in response to our first blog post on Iowa Code Section 91A.5A as to which employees actually qualify as veterans under the new Iowa law granting veterans the day off.  Here is a link to Iowa Code Section 35.1. We have also been asked if the law applies to all Iowa employers. The answer is yes. While “employer” is not defined in Iowa Code Section 91A.5A, this new law is included in Iowa Code Chapter 91A, the Iowa Wage Payment Collection Law.  Section 91A.2(4) defines “employer” as “a person, as defined in chapter 4, who in this state employs for wages a natural person.”  Finally, while the title of the law is “PROVIDING VETERANS A HOLIDAY FOR VETERANS DAY AND MAKING PENALTIES APPLICABLE,” the new law itself does not specify any penalties. Thus, it appears that the penalties set forth in Section 91A.12 apply.  As a reminder, employees must give at least one month’s prior written notice of their intent to take time off for Veterans Day, which means that notice must be received by October 11, 2010. Iowa employers shall, by November 1, 2010, notify each employee who requested the day off whether the request is granted and whether the day off will be paid or unpaid time off. If the employer determines that the employer is unable to provide time off for Veterans Day for all employees who request time off, the employer shall deny time off to the minimum number of employees needed by the employer to protect public health and safety or to maintain minimum operational capacity, as applicable.

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