Iowa Admin. Code r. 161-8.55 - [Effective until 9/25/2024] Employment policies relating to pregnancy and childbirth
(1) A
written or unwritten employment policy or practice which excludes from
employment applicants or employees because of pregnancy is a prima facie
violation of Iowa Code chapter 216, and may be justified only upon showing of
business necessity.
(2)
Disabilities caused or contributed to by pregnancy, miscarriage, childbirth,
and recovery therefrom are, for all job-related purposes, temporary
disabilities and should be treated as such under any health or temporary
disability insurance or sick leave plan available in connection with
employment. Written and unwritten employment policies and practices involving
matters such as the commencement and duration of leave, the availability of
extensions, the accrual of seniority and other benefits and privileges,
reinstatement, and payment under any health or temporary disability insurance
or sick leave plan, formal or informal, shall be applied to disability due to
pregnancy or childbirth on the same terms and conditions as they are applied to
other temporary disabilities.
(3)
Disabilities caused or contributed to by legal abortion and recovery are, for
all job-related purposes, temporary disabilities and should be treated as such
under any temporary disability or sick leave plan available in connection with
employment. Written and unwritten employment policies and practices involving
matters such as the commencement and duration of leave, the availability of
extensions, the accrual of seniority and other benefits and privileges,
reinstatement, and payment under any temporary disability insurance or sick
leave plan, formal or informal, shall be applied to disability due to legal
abortion on the same terms and conditions as they are applied to other
temporary disabilities. The employer may elect to exclude health insurance
coverage for abortion from a plan provided by the employer, except where the
life of the mother would be endangered if the fetus were carried to term or
where medical complications have arisen from an abortion.
(4) Where the termination of an employee who
is temporarily disabled is caused by an employment policy under which
insufficient or no leave is available, the termination violates the Act if it
has a disparate impact on employees of one sex and is not justified by a
business necessity.
Notes
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