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Des Moines, IA Employment Preemption: Paid Leave Preemption (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Local Mandate
Preempted
Federal FMLA
Up to 12 weeks unpaid
FMLA Threshold
50+ employees
Authority
IA Code §331.304

Summary

Iowa Code §331.304 preempts cities and counties from mandating paid sick leave, paid family leave, or scheduling rules; only federal FMLA applies, leaving private employer policy as the leave standard.

331.304 Procedural limitations on general county powers... 12. a. A county shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, or amendment providing for any terms or conditions of employment that exceed or conflict with the requirements of federal or state law relating to a minimum or living wage rate, any form of employment leave, hiring practices, employment benefits, scheduling practices, or other terms or conditions of employment. b. An ordinance, motion, resolution, or amendment adopted prior to March 30, 2017, that violates this subsection is void and unenforceable on and after March 30, 2017.

Source: Iowa Code §331.304View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Iowa Code §331.304 preempts local paid-leave mandates alongside its minimum-wage preemption. Des Moines, Polk County, and other Iowa cities cannot require private employers to provide paid sick leave, paid family leave, bereavement leave, or predictable scheduling. Federal FMLA provides up to 12 weeks of unpaid job-protected leave for employers with 50+ employees. Iowa state employees receive paid leave under merit-system rules. Some employers including Hy-Vee, Principal Financial, and Wells Fargo offer voluntary paid leave benefits, but none are mandated by city or state law.

Violations & Fines

No local enforcement available; FMLA disputes go to U.S. Department of Labor; private employer leave policies enforced via contract or civil-rights claims only.

Frequently Asked Questions

Does Iowa have state paid leave?
No. Iowa has no state-mandated paid sick or family leave program. State employees have paid leave through merit rules, but private employees rely on employer policy.
Can Des Moines require sick days?
No. IA Code §331.304 preempts any local paid-leave or scheduling mandate, so the city cannot impose sick-leave or scheduling rules on private employers.

Sources & Official References

Other rules in Des Moines

All Des Moines rules

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