Court of Appeals Decides Rate Case Favorably to Claimant
In Mercy Medical Center v. Healy , No. 1-338 (Iowa App. June 29, 2011), the court decided a rate issue concerning the use of paid sick and vacation time. Claimant was hired to work 35 hours a week for Mercy Medical Center in Dubuque, but seldom worked this many hours, due to illnesses and vacations. Under the terms of her employment, she was paid for the vacation and sick time, and the commissioner found that because she was hired to work 35 hours a week, these were her customary hours. The rate was accordingly based on a 35 hour weeks at claimant's rate of pay. The district court reversed on the rate issue, finding that since claimant never (or seldom) actually worked 35 hours per week, a rate based on these hours of work was not customary. The district court found that the hours "actually worked" were the touchstone for the rate calculation rather than the wages received by the employee. The court found that the language of section 85.36 (specifically...