Iowa Admin. Code r. 875-220.27 - [Effective until 2/12/2025] Payments for unused compensatory time
(1) Payments for
accrued compensatory time may be made at any time and shall be paid at the
regular rate earned by the employee at the time the employee receives such
payment.
(2) Upon termination of
employment, an employee shall be paid for unused compensatory time at a rate of
compensation not less than:
a. The average
regular rate received by the employee during the last three years of the
employee's employment, or
b. The
final regular rate received by the employee, whichever is higher.
(3) The phrase "last three years
of employment" means the three-year period immediately prior to termination.
Where an employee's last three years of employment are not continuous because
of a break in service, the period of employment after the break in service will
be treated as new employment. However, a break in service must have been
intended to be permanent and any accrued compensatory time must have been
cashed out at the time of initial separation. Where the final period of
employment is less than three years, the average rate still must be calculated
based on the rate(s) in effect during the period.
(4) The term "regular rate" is defined in
29 CFR
778.108.
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