House Journal: Page 1041: Wednesday, March 27, 2002
13 thirteen consecutive calendar weeks immediately
14 preceding the injury. If the employee was absent from
15 employment for reasons personal to the employee during
16 part of the thirteen calendar weeks preceding the
17 injury, the employee's weekly earnings shall be the
18 amount the employee would have earned had the employee
19 worked when work was available to other employees of
20 the employer in a similar occupation. A week which
21 does not fairly reflect the employee's customary
22 earnings shall be replaced by the closest previous
23 week with earnings that fairly represent the
24 employee's customary earnings.
25 7. In the case of an employee who has been in the
26 employ of the employer less than thirteen calendar
27 weeks immediately preceding the injury, the employee's
28 weekly earnings shall be computed under subsection 6,
29 taking the earnings, not including overtime or premium
30 pay, for such purpose to be the amount the employee
31 would have earned had the employee been so employed by
32 the employer the full thirteen calendar weeks
33 immediately preceding the injury and had worked, when
34 work was available to other employees in a similar
35 occupation. If the earnings of other employees cannot
36 be determined, the employee's weekly earnings shall be
37 the average computed for the number of weeks the
38 employee has been in the employ of the employer."
39 2. Page 3, by inserting after line 6 the
40 following:
41 "Sec. . Section 85.61, subsection 3, Code
42 Supplement 2001, is amended to read as follows:
43 3. "Gross earnings" means recurring payments by
44 employer to the employee for employment, before any
45 authorized or lawfully required deduction or
46 withholding of funds by the employer, excluding
47 irregular bonuses, retroactive pay, overtime, penalty
48 pay, reimbursement of expenses, expense allowances,
49 and the employer's contribution for welfare benefits,
50 and specifically including overtime pay at the
Page 2
1 overtime rate."
2 3. By renumbering as necessary.
Amendment H-8360 lost.
Dotzler of Black Hawk offered the following amendment H-8361
filed by him and moved its adoption:
© 2002 Cornell College and
League of Women Voters of Iowa
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