ARC 0388D

ARC 0388D

ADMINISTRATIVE SERVICES DEPARTMENT[11]

Adopted and Filed

Rulemaking related to leave

    The Administrative Services Department hereby amends Chapter 63, “Leave,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code sections 8A.104(5) and 8A.413.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code section 70A.1 and 2026 Iowa Acts, House File 2502.

Purpose and Summary

    The intended purpose of this rulemaking is to provide administrative guidance for two areas of paid leave that are now law pursuant to 2025 Iowa Acts, House File 889. Certain State employees in their first four years of employment who do not use sick leave during a full month of employment can now choose to convert that month’s sick leave for one-half day of additional vacation time. In addition, 2025 Iowa Acts, House File 889, provided that a State employee parent who gives birth or adopts a child is entitled to four weeks of paid leave. A State employee parent who does not give birth is entitled to one week of paid leave.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 21, 2026, as ARC 9972C. A public hearing was held on the following date(s):

     ?   February 11, 2026

    No one attended the public hearing.

    Mary Nelle Trefz of Iowa ACEs 360 submitted written comments at the Regulatory Analysis stage of this rulemaking to support paid parental leave for State employees and to recommend education and data analysis by the Department as this type of leave becomes available.

    2026 Iowa Acts, House File 2502, expanded the availability of paid parental leave within the State government by striking language referring to those entitled to leave under the federal Family and Medical Leave Act of 1993. A change from the Notice has been made to remove that requirement to comply with the new law. This means more State employees are now eligible for paid parental leave. 

Adoption of Rulemaking

    This rulemaking was adopted by the Department on May 4, 2026.

Fiscal Impact

     It is impossible to know how many State employees will either convert sick leave for vacation time or take paid parental leave. The Department does not anticipate a fiscal impact, but costs would be funded through agency budgets.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    The Department will not grant waivers under the provisions of these rules, other than as may be allowed under Chapter 9 of the Department’s rules concerning waivers.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

    This rulemaking will become effective on July 29, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Amend subrule 63.3(4) as follows:

    63.3(4) There is no limit on the accumulation of sick leave. An employee in the first four years of employment who has accrued at least 80 hours of sick leave may elect to accrue additional vacation in lieu of the normal sick leave accrual. A conversion shall not be made if the accrued sick leave is less than 80 hours in the pay period in which the conversion would be made. After the fourth year of employment, an employee who has accrued at least 240 hours of sick leave may elect to accrue additional vacation in lieu of the normal sick leave accrual. An employee who has made an election to convert sick leave to vacation will be credited with four hours of vacation for each full month when sick leave is not used during that month. A conversion shall not be made if the accrued sick leave is less than 240 hours in the pay period in which the conversion would be made. An employee who has made an election to convert sick leave to vacation will be credited with four hours of vacation for each full month when sick leave is not used during that month. The conversion of sick leave shall be prorated for employees who are normally scheduled to work less than full-time (40 hours per week). An employee’s maximum vacation accrual may be increased under this subrule up to 96 hours.

    ITEM 2.  Adopt the following new rule  11—63.21(8A,70A):

11—63.21(8A,70A) Paid parental leave. Employees shall be provided paid parental leave pursuant to Iowa Code section 70A.24.

[Filed 6/2/26, effective 7/29/26]

[Published 6/24/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 6/24/26.