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Iowa Workforce Development
Region 11
Title

Iowa Workforce Development - Work With Us®   

ECI
(Employers' Council of Iowa)

ECI logo

The Employer’s Council of Iowa is a group of employers who work in partnership with Iowa Workforce Development to meet the workforce needs of employers. It provides an employer perspective in advising IWD and other policy makers on the full range of workforce issues and topics of concern to employers.

 Our Mission Statement

The mission of the Employers' Council of Iowa is to support the efforts of local employers to:

Advise Iowa Workforce Development, legislators, and other officials concerning its products, services, and policies that affect employers; and

Provide opportunities for employers to exchange information and develop education programs for employers.

We link employers of small to medium sized businesses in Iowa to resources and education to meet their human resource needs. Working in conjunction with Iowa Workforce Development, we conduct seminars and webinars on important topics such as employment laws, employee benefits, human resource compliance, hiring techniques, unemployment claims, immigration laws, and many more. And it costs you nothing! 

Sign up for our free online newsletter and we will keep you current with information and events hosted by ECI.

To find out more about the ECI, view our
 informational flier (.pdf)
and our
Council Member List (.pdf).

Note: PDF documents used on this site must be viewed and printed with the Adobe Acrobat Reader Plug-in.  This Plug-in is available for download at no cost to the user.  Users must have this Plug-in downloaded and installed on their computer to access these forms and documents.

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You can also contact:

Brenda Tart
IowaWorks
430 East Grand Avenue
Des Moines, Iowa 50309
Phone: (515) 281-9615
Fax: (515) 281-9640
Email:


Tip of the Month

August 2014 - Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

The Uniformed Services Employment and Reemployment Rights Act of 1994 or (USERRA) was signed into law on 10/13/1994 to protect the civilian employment of non-full-time military services member in the United States who are called to active duty.  This law applies to all U.S uniformed services and their respective reserve components.  Essentially, USERRA reaffirms the Veteran’s Re-Employment Rights Statutes by protecting civilian job rights/benefits for veterans, members of reserve components, and even individuals achieved by the President of the U.S to provide Federal Response for National Emergencies.  USERRA establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to five years. The exceptions to the five-year limit include initial enlistments lasting more than five years, periodic United States National Guard and reserve training duty, and involuntary active duty extensions and recalls, especially during a time of national emergency. USERRA clearly establishes that reemployment protection does not depend on the timing, frequency, duration, or nature of an individual's service as long as the basic eligibility criteria are met.  The USERRA also protects a member of the armed services from employment discrimination relating to one's military service. Under USERRA an employee must show that his or her military service was a "substantial” or “motivating factor” in the employer’s adverse employment action, like firing or demotion. Since employers rarely tell reservist/employees that they are being fired because of their military service, the USERRA allows a party to establish discrimination by, among other things, examining the proximity in time between the adverse act (like firing) and the military service event (like an employee informing an employer of the employee's military obligation), whether the employer followed its internal policies, and whether the military employee was treated differently than other non-military employees.

USERRA applies to all employers in the United States. This includes Federal, State, Local, Private and even Foreign Companies operating within the United States and its territories. USERRA also applies to all United States employers operating in foreign countries. Returning service-members are to be reemployed in the job that they would have attained had they not been absent for military service, this is known as the "escalator principle.  With the same seniority, status and pay, as well as other rights and benefits determined by seniority. USERRA also mandates that reasonable efforts (such as training or retraining) be made to enable returning service members to refresh or upgrade their skills to help them qualify for reemployment. The law clearly provides for alternative reemployment positions if the service member cannot qualify for the "escalator" position. USERRA also provides that while an individual is performing military service, he or she is deemed to be on a furlough or leave of absence and is entitled to the non-seniority rights and benefits accorded other individuals on comparable types of non-military leaves of absence.  Health and pension plan coverage for service members is provided for by USERRA. Individuals performing military duty of more than 30 days may elect to continue employer sponsored health care for up to 24 months; however, they may be required to pay up to 102 percent of the full premium. For military service of less than 31 days, health care coverage is provided as if the service member had remained employed. USERRA clarifies pension plan coverage by making explicit that all pension plans are protected.

USERRA also requires that service members provide advance written or verbal notice to their employers for all military duty unless giving notice is impossible, unreasonable, or precluded by military necessity. An employee should provide notice as far in advance as is reasonable under the circumstances. Additionally, service members are able (but are not required) to use accrued vacation or annual leave while performing military duty.

For Further information on USERRA, please contact:

Rebecca Coady
Program Support Technician
DoD Contractor IIF Data
Iowa ESGR
Office: (515) 334-2757
Cellular: (515) 490-4406
rebecca.l.coady.ctr@mail.mil


July 2014 - Resource Portal for Iowa Businesses 

Welcome to IowaWorks!

Iowa Workforce Development's one-stop resource for Iowa businesses to find workforce information and solutions.  Businesses can use this site to:

  • List your jobs online at no cost;
  • Find the average wage paid for Iowa occupations;
  • Print posters required for Iowa workplaces;
  • Assistance to businesses employing individuals with a disability;
  • Learn about regulatory information;
  • Get information for employers and service members activated and deployed;
  • Tell us what you think about Iowa Workforce Development by taking our Business and Employer Customer Satisfaction Survey;
  • View stock market results;
  • Find IWD job fairs in Iowa;
  • My Iowa UI - Iowa employers can electronically file their quarterly reports and pay Unemployment Insurance contributions due online;
  • Information About Registered Apprenticeship Opportunities in Iowa;
  • Iowa Worker Misclassification;
  • Learn more information about our services for Dislocated Workers including Rapid Response, Trade Adjustment Assistance, and how to file a WARN notice in case of a plant closing or mass layoff;
  • And more!

Iowa Workforce Development works to continually improve our products and services. Is there a resource you would like to see or can't find on IowaWorks? We welcome your comments or suggestions in making IowaWorks a better site for serving Iowa's businesses. Go to http://www.iowaworks.org/index.html for more information.


May 2014 - Tips for Employers on UI Fact-Finding Hearings and Appeals

As a disclaimer, the following information in regards to tips for employers on UI Fact-Find Hearing and Appeals is just legal information, it’s not legal advice.

The general rule in Iowa is that an individual is disqualified for unemployment insurance benefits if discharged for misconduct in connection with the individual’s employment.  Misconduct is found in deliberate acts or omissions that constitute a material breach of the workers duty to the employer or in repeated acts of carelessness or negligence.  Poor performance due to inability and good faith mistakes are not considered misconduct.

The employer has the burden of proof to establish misconduct.  In order to justify disqualification, the evidence must establish that the final incident leading to the decision to discharge was a “current act” of misconduct.  Information acquired after the discharge will not be considered, because as a general rule, it could not have been the basis for the decision to discharge.

Claimants who voluntarily leave employment without good cause attributable to the employer are disqualified for benefits.  Claimants have the burden of proof in cases involving quits.  In general, a voluntary quit requires evidence of an intention to sever the employment relationship (e.g. letter of resignation, verbal resignation).  Irrelevant, immaterial or unduly repetitious evidence “should” be excluded.  There is no residuum rule.  All evidence may be hearsay.  Even though admissible, hearsay is often NOT the best evidence (if possible witnesses that have first-hand information should participate in the hearings).  In evaluating hearsay, the administrative law judge will conduct a common sense evaluation of:

  • the nature of the hearsay,
  • the availability of better evidence,
  • the cost of acquiring better evidence,
  • the need for precision, and
  • the administrative policy to be fulfilled.

Iowa Code 96.6(2) allows ten days for filing an initial protests and appeals from first level fact finding determinations.

The Code of Iowa gives an automatic extension until the next regular business day if the last day for filing an appeal fall on a Saturday, Sunday, or other legal holiday.

The time limits do not apply if the party does not receive the Notice of Claim or fact-finding decision in time to file a timely protest or appeal (the question becomes whether the party filed within a reasonable amount of time after learning of the Notice of Claim or fact finding decision).   If filed by mail, an appeal must be postmarked by the final day. If filed by any other means besides mail, the agency must receive it by the end of the final day.

The statute gives 30 days to appeal the Employer’s Statement of Charges or, in the case of a reimbursable employer, a billing statement (this applies if the employer did not receive a Notice of Claim).

As noted previously as a disclaimer, all of the following information in regards to tips for employers on UI Fact-Find Hearing and Appeals is just legal information, it’s not legal advice.


April 2014 - Iowa Occupational Safety & Health Administration

Occupational Safety and Health Administration (OSHA) is an agency of the United States Department of Labor. Congress established the agency under the Occupational Safety and Health Act, which President Richard M. Nixon signed into law on December 29, 1970. OSHA's mission is to "assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance". The agency is also charged with enforcing a variety of whistleblower statutes and regulations.

OSHA is responsible for enforcing its standards on regulated entities. The agency sends Compliance Safety and Health Officers to work sites, where they carry out inspections and assess fines for regulatory violations. Inspections are planned for work sites in particularly hazardous industries. Inspections can also result in response to workplace incidents, worker complaints or referrals by other individuals. OSHA covers approximately 7 million workplaces.

Certain workplaces are exempted from OSHA inspections because they fall outside of the scope of the Occupational Safety and Health Act, are regulated by other agencies, or are exempted through Department of Labor appropriations bills. Exempted workers include:

  • Mine and quarry workers (regulated by the Mine Safety and Health Administration)
  • Independent contractors and other self-employed individuals
  • Public sector employees (covered only in jurisdictions with state plans; the United States Postal Service is covered under the Postal Employees Safety Enhancement Act)
  • Domestic workers (workers whose workplace is a household)
  • Flight crews (covered by the Federal Aviation Administration)
  • Farms employing only family members and farms employing fewer than 10 employees with no migrant labor housing.

Additionally, workplaces participating in OSHA's Voluntary Protection Programs are exempted from programmatic inspections, though they can still be subject to accident-, complaint-, or referral-initiated inspections.

In addition to enforcing regulations issued under the Occupational Safety and Health Act, OSHA is also responsible for enforcing whistleblower provisions of 21 statutes.  Over the years, Congress has designated OSHA as responsible for enforcing these laws, regardless of their relationship to occupational safety and health matters. Most recently, Congress designated OSHA as the agency responsible for enforcing the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act. 

For further questions or concerns about Iowa OSHA workplace safety regulation and enforcement feel free to contact IWD OSHA Department at (515) 242-5870.  Also, OSHA complaints can be faxed over to Iowa OSHA Department at 515-281-7995.  A hyperlink of the Iowa OSHA Safety Complaint Form is listed here Here  

Is Your Small Business Exempt from OSHA? 

The Occupational Safety and Health Act covers most businesses that have employees. It has specific rules and regulations but it also specifies a number of industries that are exempt from the OSH Act.

Not everyone has to follow OSH Act regulations and many small businesses are exempt from the requirements. 

Most OSH Act requirements are designed to keep employees safe and it's a not a bad idea to consider if they can help you, both for your employee's sake and yours. Keeping employees safe keeps down costs by preventing injuries but not all the OSH Act rules are helpful to small businesses.

So if you're a small business, how do you know if you're exempt from OSHA? First things first, if you're unsure about your status under the OSH Act, it's a good idea to talk it over with an attorney. That way you won't be surprised down the road about what rules apply to you.

Businesses with 10 employees or fewer are exempt from OSH Act's injury and incident reporting as well as programmed inspections by Occupational Safety and Health Administration employees. 

Other small businesses with more than 10 employees may also be exempt from the programmed inspections. This applies to certain "low-hazard industries" identified by OSHA. 

Certain employers are expressly not covered by the OSH Act meaning none of the rules apply to these businesses. That includes self-employed people, farms that employ only immediate family members, and people who employ others for domestic services such as cleaning and child care.

Churches and religious church activities, states, and businesses that are governed by federal agencies are also not bound by OSH Act regulations.

The categories look neat when stated by the government, but in reality it can be difficult to figure out where a complex and evolving business falls under OSH Act regulations.  

If you are still unsure about whether your business falls within an exempt category, ask a legal expert. Being exempt from the OSH Act can mean greater flexibility for a small business with few employers. Knowing your status can help you avoid penalties while taking advantage of the benefits of being a small business owner.


March 2014 - The Benefits of the Employer Indexing Exchange & IowaWorks Job Bank to Job Seekers and Employers

Employer Indexing Exchange

  • The Employer Indexing Exchange (NLX) is a resource provided at no-cost to employers in partnership with the National Association of State Workforce Agencies (NASWA) and participating local agencies including Iowa Workforce Development.

  • Stop Posting Jobs Manually:  Most employer career sites qualify to have their jobs posted to their local State Job Banks and the National Labor Exchanges at no charge.

  • Your jobs will be posted in Iowa’s state job bank, U.S. Jobs and many other sites connected within the state and national workforce system.

  • Your posted jobs are set up to send the Job Seeker back to your corporate site, to apply through the process you have designed.

 

Valuable benefits to employers include the following:

  • It’s no longer necessary to manually post job listings

  • Nightly job site indexing keeps your job listings current

  • System provides a valuable time saving benefit for your organization

To request index membership for your business, please visit the following website to learn more about this service:

http://www.us.jobs/indexingrequest.asp

IowaWORKS Job Bank

  • The IowaWORKS Job Bank is a workforce website where employers can post job vacancies, and applicants can view and apply for the posted jobs.

  • Applicants can search out jobs for which they are qualified, using filters to make searches faster and more efficient.

  • The IowaWORKS Job Bank is a free service to everyone.

  • Employers can create, manage and maintain their own postings.

  • Employers can review applicant resumes that would not normally be available to them.

  • If the employer prefers, they can complete a job order form and email or fax it to their local Iowa Workforce Center Office.  The local office will then post the position online.  However, this approach eliminates the employer’s ability to review applicant resumes.  Instead, a file search will be conducted by job bank personnel and notices are sent to qualified candidates who are members of our job bank.

For more information regarding Central Iowa Works Job Bank, please contact:

Jolene Ridgway
Iowa Jobs Bank Coordinator
Des Moines IowaWORKS of Central Iowa
430 E. Grand Avenue
Des Moines, IA 50309
(515) 281-9638
E-mail: 


February 2014 - The National Career Readiness Certificate

The National Career Readiness Certificate uses three foundational skill assessments to verify to employers that an individual has essential employability skills. The National Career Readiness Certificate (NCRC) certifies workers as having key work-ready skills and is a tool for businesses in Iowa to hire the best while saving money and boosting productivity.  

Demonstrating higher job skills means you have access to higher-paying jobs. Employers are willing to pay higher salaries for higher skill levels.

According to ACT research, higher certificate levels lead to higher pay.

Wanted:  Applicants with Certified Workplace Skills

Employers across the country report that they are often overwhelmed by stacks of applications for only a handful of open positions. Sifting through these applications is time-consuming and inefficient. Employers need a way to quickly pinpoint individuals with essential, verifiable workplace skills. That’s why they’re asking applicants to earn a National Career Readiness Certificate.

The NCRC can reduce hiring time and costs, training and turnover time.

The National Career Readiness Certificate is composed of three WorkKeys® assessments that measure skills critical to on-the job success.

  • Applied Mathematics (AM) - measures the skills people use when applying mathematical reasoning, critical thinking, and problem-solving techniques to work-related problems.

  • Locating Information (LI) - measures the skills people use when working with workplace graphics. This includes; charts, graphs, tables, forms, flowcharts, diagrams, floor plans, maps, and instrument gauges.

  • Reading for Information (RFI) - measures the skills people use when they read and use written text in memos, letters, directions, signs, notices, bulletins, policies, and regulations.

Listed here is a link that will show where NCRC Tests are administered in the Des Moines Metro Area and will also provide instructions on how to schedule an appointment at the NCRC Testing site.


January 2014 - Federal Bonding

What is Federal Bonding?

Federal Bonding is a program that covers any person whose background usually leads employers to question their honesty and deny them a job.

A Fidelity Bond is issued between the employer and Department of Labor (DOL) that protects the employer against theft, property damage etc.

What does Federal Bonding Program do?

Federal Bonding is beneficial to both the employer and job seeker.  The program gives employers peace of mind they are covered in the event of any loss of money or property due to employee dishonesty.  At the same time it also provides applicants with a greater variety of jobs with the potential of higher wages. 

This provides an incentive for employers to hire those with a risk factor.  Thus, eliminates bonding as a barrier to employment.

Which Job Applicants could benefit from the Federal Bonding Program?

  • Ex-offender with a record of arrest, conviction or imprisonment, on parole, probation or has a police record,

  • Recovering substance abusers,

  • Those with poor credit record or declared bankruptcy,

  • Anyone dishonorably discharged from military,

  • Persons who lack work history and are from low income families.

What specific amounts & types of coverage does the Federal Bonding Program offer? 

The monetary coverage that a Federal Bond offers is typically $5000 with coverage period of 6 months.  The type of bond offer in the Federal Bonding program is a Fidelity Bond.  There is no deductible to the employer filing a claim.  In certain cases, larger Federal Bond amounts can be considered.  Once the start date of employment has been set, the Federal Bond goes into effect instantly.  The Federal bond provides employers peace of mind that they are covered in the event of any money and or property is stolen or damage due to the employee dishonesty. 

The Federal Bond is issued by the local Federal Bonding Coordinator (Shan Seivert).  Her contact information is listed below.  The Federal Bond is underwritten by the McLaughlin Company based in Washington D.C.  They will provide employers a copy of their policies for employers to review. 

How does one apply for the Federal Bonding Program?

Either the employer or job applicant can request the Federal Bond, preferably the employer.  The employer must make the applicant an offer with a set start date before bond will be issued.  The job start date is the effective date which the bond will terminate in 6 months.  After 6 months, continued coverage may be purchased by the employer at regular commercial rate, if the employee has exhibited job honesty.

Once the employer sets a start date, the bond is issued instantly.  Employer and job applicant sign no papers and the bond is self-terminating.  Federal Bonding can be also utilized to cover current employee to secure a promotion to a new job or to prevent a layoff.

Other useful information in regards to Federal Bonding

Job applicants must meet legal minimum working age of 16 in Iowa.  However, there is no maximum age limit.  Federal Bonding does not cover self-employment.

Fidelity bond is only issued to an employer who will automatically withhold the bonded employee’s Federal taxes A Federal Bond can be issued for a part-time or temporary positions.

Point of Contact on Federal Bonding with Iowa Workforce Development

Shan Seivert
Federal Bonding Coordinator
150 Des Moines Street
Des Moines, Iowa 50309
Phone:  (515) 242-0496
Cell:  (515) 745 - 0299
Fax:  (515) 281-9321
E-mail: 


December 2013 – Work Opportunity Tax Credit (WOTC)

What is WOTC?

The Work Opportunity Tax Credit (WOTC) program was created to provide employers with a federal tax credit as an incentive to hire job seekers in several target groups that have consistently faced significant barriers to employment.

Who is assisted by the WOTC Program?

WOTC assists both employers and targeted job seekers.  Employers save as tax credits help reduce their federal business taxes & job seekers qualifying as a member of one of the targeted groups gain an advantage in the job market.

Who qualifies?

WOTC applies to new employees only and must be part of the following targeted group which are:

  1. Individuals who meet the WOTC qualifications  as members of families receiving Temporary Assistance for Needy Families (TANF).
  2. Veterans who meet the WOTC qualification guidelines.
  3. Ex-felons who meet the WOTC qualification guidelines.
  4. Individuals who reside in one of Iowa’s designated Rural Renewal Counties.
  5. Individuals who have been referred to WOTC by Iowa Vocational Rehabilitation.
  6. Youth who are employed in the summer and meet the WOTC qualification guidelines.
  7. Individuals who are members of families that are receiving benefits from the SNAP (Supplemental Nutrition Assistance Program) also known as food stamps.
  8. Individuals who are receiving Supplemental Security Income (SSI) and meet the WOTC qualification guidelines.
  9. Individuals who meet the WOTC qualification guidelines and are long-term recipients of the Temporary Assistance for Needy Families (TANF).

Who doesn’t qualify?

  • Former employees,

  • Family members or relatives of the employer,

  • Employees receiving On-the-Job (OJT) payments.

How do employers apply for the WOTC Program?

There are two forms that must be submitted to WOTC for each “new” employee:

  1. IRS Form 8850, Pre-Screening Notice and Certification Request.  This form was revised in June 2012. 
  2. U.S. DOL, ETA Form 9061, Individual Characteristic Form.  This form was also revised in June 2012.

Then, the employer must mail or fax the forms within 28 calendars days after the new employee’s start date to:

Iowa Workforce Development
ATTN:  WOTC Unit
1000 E Grand Avenue
Des Moines, IA  50319
FAX:  (515) 242-0487

How much of a tax credit can I receive under the WOTC Program?

The tax credit employers can claim depends on the target group of the individual hired, the wages paid to that individual in the first year of employment, and the number of hours that individual worked. There is also a maximum tax credit that can be earned.   This amount can between $2400-to-$9600 per hire. 

Who is the WOTC contact person with Iowa Workforce Development?

Heidi Wicks
E-mail:
Phone: (515) 725-2810


November 2013 - The Ins and Outs of Workers' Compensation

What is Workers' Compensation?

The Workers’ Compensation law requires most employers to provide benefits to eligible employees who have injuries arising out of and in the course of employment. Iowa Code 85.61(7)

What types of injuries are covered? 

In Iowa, "injury" is defined very broadly to include any health impairment other than the normal building up and tearing down of body tissues. The health impairment must be a result of employment activities.

Health impairment could also include not only physical impairment but also mental health impairment as resulted for the “injury at the worksite.

Diseases and hearing losses are also considered to be injuries if they are a result of the employment activities or exposures. Iowa Code 85A & 85B

An employee is not entitled to benefits for a preexisting injury or disease unless it is aggravated, or worsened, by the employment.

Who is eligible for Workers' Compensation? 

Most employees who are injured in Iowa, working under contract of hire made in Iowa, or whose employment is principally localized in Iowa, are eligible for benefits if they have a job-related injury. Iowa Code 85.71

There are few classifications of employees who are exempt from the law, and therefore not eligible for benefits, please consult with a compliance administrator with the Division of Workers' Compensation.

Proprietors (independent contractors) limited liability company members and partners are not considered employees but may elect to be covered by purchasing a valid workers’ compensation insurance policy specifically including the proprietor or partner. Iowa Code 85.1A, 85.61(13)

What types of benefits does the law provide?

Medical Benefits

The law provides for the payment of all reasonable and necessary medical care incurred to treat the injury. This includes reasonably necessary transportation expenses. Mileage for use of a private auto is reimbursed at a rate set by the state of Iowa, currently at 56.5 cents per mile. Iowa Code (85.27)

Under certain circumstances an employee who has to leave work for medical treatment may be eligible for payment of lost wages. Iowa Code (85.27)

While a contested case proceeding or a dispute on reasonableness of a fee is pending, the medical care provider cannot seek payment of its charges from the employee. Iowa Code (85.27)

Disability Benefits

Total weekly compensation for any employee is not to exceed 80% of the employee’s weekly spendable earnings. The law defines "spendable earnings" as that amount remaining after payroll taxes are deducted from gross weekly earnings.

The weekly amount of the disability benefit is determined by the employee’s average gross weekly earnings, the number of exemptions, and the marital status.

The weekly compensation benefit amount is based upon a seven-day calendar week. The maximum weekly disability benefit rate for PPD is $1419.00. The maximum weekly disability benefit rate of TTD, HP, PTD, and death benefits is $1543.00.  These rates are effective July 1.

Contact Information for Worker Compensation?

Division of Workers' Compensation
1000 East Grand Avenue
Des Moines, Iowa 50319-0209
Telephone: (515) 281-5387 or (800) JOB-IOWA
E-mail: IWD.DWC@iwd.iowa.gov


October 2013 - Family and Medical Leave Act of 1993

Here is the Tip of the Month from Employer Council of Iowa (ECI) for October 2013.  The area of interest is in the Family Medical Leave Act (FMLA). 

The Family and Medical Leave Act of 1993 (FMLA)

  • FMLA is a U.S. Federal law requiring covered employers to provide employees job-protected and unpaid leave for qualified medical and family reasons.

  • FMLA is a U.S. Federal law requiring covered employers to provide employees job-protected and unpaid leave for qualified medical and family reasons.

  • Qualified medical and family reasons include: personal or family illness, family military leave, pregnancy, adoption, or the foster care placement of a child.

  • Recent Change in FMLA: Family members under FMLA that qualify would include children who are: spouses of legally married heterosexual or homosexual couples, children who are under the age of 18 and are biologically related, adopted, are in foster care placement, or the in the process of being adopted of the individual or individual spouse, and spouse or children of any age who are service members of the U.S. arm forces who is recovering from an injury.

  • The Act allows eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to attend to the serious health condition of the employee, parent, spouse or child, or for pregnancy or care of a newborn child, or for adoption or foster care of a child.

  • In order to be eligible for FMLA leave, an employee must have been at the business at least 12 months, and worked at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.

  • To care for a new child, whether for the birth of a son or daughter, or for the adoption or placement of a child in foster care;

  • Recent change to FMLA:   To care for a seriously ill family member (spouse, son, daughter, or parent) (Spouse is defined as 2 individuals (heterosexual or homosexual) who are legally married.   (Note: Son/daughter has been clarified by the Department of Labor to mean a child under the age of 18 or a child over the age of 18 with a mental or physical disability as defined by the American Disabilities Act, which excludes among other conditions, pregnancy and post-partum recovery from childbirth);

  • To recover from a worker’s own serious illness;

  • To care for an injured service member in the family;

  • To address qualifying exigencies arising out of a family member’s deployment.

The FMLA further requires employers to provide for eligible workers:

  • The same group health insurance benefits, including employer contributions to premiums, that would exist if the employee were not on leave.
  • Restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility.
  • Protection of employee benefits while on leave. An employee is entitled to reinstatement of all benefits to which the employee was entitled before going on leave.
  • Protection of the employee to not have their rights under the Act interfered with or denied by an employer.
  • Protection of the employee from retaliation by an employer for exercising rights under the Act.
  • Intermittent FMLA leave for his or her own serious health condition, or the serious health condition of a family member. This includes occasional leave for doctors’ appointments for a chronic condition, treatment (e.g., physical therapy, psychological counseling, chemotherapy), or temporary periods of incapacity (e.g., severe morning sickness, asthma attack).

For further information, please click on the link listed below:

http://www.dol.gov/dol/topic/benefits-leave/fmla.htm#doltopics


September 2013 - MyIowaUI.org

Starting on 9/20/2013, all employers and 3rd party providers will be required to use http://www.myiowaui.org to file unemployment insurance (UI) quarterly reports and submit new employer registrations.  Applications and quarterly reports that had been submitted by paper will no longer be accepted.  Some of the highlights with this new system includes:

  • With this new system, there is no added cost to the employer

  • The new system speeds up processing of Employer U.I. payments

  • Employers being able to access their account information 24hours/day

  • Submit your quarterly UI report electronically and have an electronic record of the submission.  This will help eliminate your account from being charged late report or insufficient report penalties.

  • Employer can calculate taxable wages automatically with the most up to date information

  • Scheduled e-payments, review payment history, view & printer letters/official documents from IWD Tax Bureau, & review any account balances.

  • Provide authorizations to your account/3rd party providers in assistance.

For more information, open up the MyIowaUI flyer.


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