Court of Appeals Reverses Commissioner, Agrees with District Court that Weeks in Which Claimant was Off for Personal Reasons Were Not to Be Included in Rate Calculation
Hermanstorfer v. Lennox Industries, Inc. , No. 24-0652 (Iowa App. Dec. 4, 2024) In this case involving only the issue of rate, the commissioner concluded that claimant's time off for a personal health condition was to be included in the claimant's rate. The deputy had concluded that claimant's frequent taking of FMLA leave established a "pattern" of reduced hours. Claimant argued that these weeks should have been excluded but the deputy and commissioner rejected this argument. The district court reversed, finding that the inclusion of weeks in which claimant took FMLA leave was "illogical, irrational and wholly unjustified." The Court of Appeals notes that weekly earnings are defined by 85.36 as those the employee would have worked had he or she "worked the customary hours for a full time period." The Court noted that the statute was to be interpreted liberally in favor of the employee. Under a plain reading of 85.36, according to the Cour...