House Journal: Page 1054: Wednesday, March 27, 2002
13 the employee worked the customary hours for the full
14 pay period in which the employee was injured, as
15 regularly required by the employee's employer for the
16 work or employment for which the employee was
17 employed, computed or determined as follows and then
18 rounded to the nearest dollar:
19 Sec. . Section 85.36, subsections 6 and 7, Code
20 Supplement 2001, are amended to read as follows:
21 6. In the case of an employee who is paid on a
22 daily or hourly basis, or by the output of the
23 employee, the weekly earnings shall be computed by
24 dividing by thirteen the earnings, not including
25 overtime or premium pay, of the employee earned in the
26 employ of the employer all employers in the last
27 completed period of thirteen consecutive calendar
28 weeks immediately preceding the injury. If the
29 employee was absent from employment for reasons
30 personal to the employee during part of the thirteen
31 calendar weeks preceding the injury, the employee's
32 weekly earnings shall be the amount the employee would
33 have earned had the employee worked when work was
34 available to other employees of the employer in a
35 similar occupation. A week which does not fairly
36 reflect the employee's customary earnings shall be
37 replaced by the closest previous week with earnings
38 that fairly represent the employee's customary
39 earnings.
40 7. In the case of an employee who has been in the
41 employ of the employer less than thirteen calendar
42 weeks immediately preceding the injury, the employee's
43 weekly earnings shall be computed under subsection 6,
44 taking the earnings, not including overtime or premium
45 pay, for such purpose to be the amount the employee
46 would have earned had the employee been so employed by
47 the employer all employers during the full thirteen
48 calendar weeks immediately preceding the injury and
49 had worked, when work was available to other employees
50 in a similar occupation. If the earnings of other
Page 2
1 employees cannot be determined, the employee's weekly
2 earnings shall be the average computed for the number
3 of weeks the employee has been in the employ of the
4 employer all employers."
5 2. Page 3, by inserting after line 6 the
6 following:
7 "Sec. . Section 85.61, subsection 3, Code
8 Supplement 2001, is amended to read as follows:
9 3. "Gross earnings" means recurring payments by
10 any employer to the employee for employment, before
11 any authorized or lawfully required deduction or
© 2002 Cornell College and
League of Women Voters of Iowa
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