House File 2065 - Enrolled

PAG LIN



  1  1                                     HOUSE FILE 2065
  1  2
  1  3                             AN ACT
  1  4 RELATING TO MILITARY LEAVES OF ABSENCE AND REEMPLOYMENT AND
  1  5    PROVIDING AN EFFECTIVE DATE.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 29A.8A, Code 2007, is amended to read
  1 10 as follows:
  1 11    29A.8A  STATE MILITARY SERVICE.
  1 12    If federal funding and authorization exist for this
  1 13 purpose, the governor may order to state military service the
  1 14 military forces of the Iowa army national guard or Iowa air
  1 15 national guard as the governor may deem appropriate for the
  1 16 purposes of homeland security, homeland defense, or other
  1 17 duty.  A state employee shall take either a full day's leave
  1 18 in accordance with section 29A.28 or eight hours of
  1 19 compensatory time on a day in which the state employee
  1 20 receives a full day's pay from federal funds for national
  1 21 guard duty.
  1 22    Sec. 2.  Section 29A.28, subsection 1, Code Supplement
  1 23 2007, is amended to read as follows:
  1 24    1.  a.  All officers and employees of the state, a
  1 25 subdivision thereof, or a municipality, other than employees
  1 26 employed temporarily for six months or less, who are members
  1 27 of the national guard, organized reserves or any component
  1 28 part of the military, naval, or air forces or nurse corps of
  1 29 this state or nation, or who are or may be otherwise inducted
  1 30 into the military service of this state or of the United
  1 31 States, or who are members of the civil air patrol, shall,
  1 32 when ordered by proper authority to state active duty, state
  1 33 military service, or federal service, or when performing a
  1 34 civil air patrol mission pursuant to section 29A.3A, be
  1 35 entitled to a leave of absence from such civil employment for
  2  1 the period of state active duty, state military service,
  2  2 federal service, or civil air patrol duty without loss of
  2  3 status or efficiency rating, and without loss of pay during
  2  4 the first thirty days of such leave of absence.
  2  5    b.  Where state active duty, state military service,
  2  6 federal service, or civil air patrol duty is for a period of
  2  7 less than thirty days, a leave of absence under this section
  2  8 shall only be required for those days that the civil employee
  2  9 would normally perform services for the state, subdivision of
  2 10 the state, or a municipality.  The provisions of this section
  2 11 shall also apply to a leave of absence by a member of the
  2 12 national disaster medical system of the United States when
  2 13 activated for federal service with the system.  If the workday
  2 14 for a civil employee encompasses more than one calendar day,
  2 15 the civil employee shall only be required to take a leave of
  2 16 absence for one day for that workday if a leave of absence is
  2 17 required under this paragraph.
  2 18    Sec. 3.  Section 29A.43, subsection 1, Code 2007, is
  2 19 amended to read as follows:
  2 20    1.  A person shall not discriminate against any officer or
  2 21 enlisted person of the national guard or organized reserves of
  2 22 the armed forces of the United States or any member of the
  2 23 civil air patrol because of that membership.  An employer, or
  2 24 agent of an employer, shall not discharge a person from
  2 25 employment because of being an officer or enlisted person of
  2 26 the military forces of the state or member of the civil air
  2 27 patrol, or hinder or prevent the officer or enlisted person or
  2 28 member of the civil air patrol from performing any military
  2 29 service or civil air patrol duty the person is called upon to
  2 30 perform by proper authority.  A member of the national guard
  2 31 or organized reserves of the armed forces of the United States
  2 32 ordered to temporary duty, as defined in section 29A.1,
  2 33 subsection 3, 11, or 12, or a member of the civil air patrol
  2 34 performing duty pursuant to section 29A.3A, for any purpose is
  2 35 entitled to a leave of absence during the period of the duty
  3  1 or service, from the member's private employment, other than
  3  2 unless the employment is of a temporary nature, and upon.
  3  3 Upon completion of the duty or service the employer shall
  3  4 restore the person to the position held prior to the leave of
  3  5 absence, or employ the person in a similar position of like
  3  6 seniority, status, and pay.  However, the person shall give
  3  7 evidence to the employer of satisfactory completion of the
  3  8 training or duty or service, and that the person is still
  3  9 qualified to perform the duties of the position.  The period
  3 10 of absence shall be construed as an absence with leave, and
  3 11 shall in no way affect the employee's rights to vacation, sick
  3 12 leave, bonus, or other employment benefits relating to the
  3 13 employee's particular employment.  A person violating a
  3 14 provision of this section is guilty of a simple misdemeanor.
  3 15    Sec. 4.  Section 29A.43, Code 2007, is amended by adding
  3 16 the following new subsection:
  3 17    NEW SUBSECTION.  3.  A person violating a provision of this
  3 18 section is guilty of a simple misdemeanor.  Violations of this
  3 19 section shall be prosecuted by the attorney general or the
  3 20 county attorney of the county in which the violation occurs.
  3 21    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
  3 22 immediate importance, takes effect upon enactment.
  3 23
  3 24
  3 25                                                             
  3 26                               PATRICK J. MURPHY
  3 27                               Speaker of the House
  3 28
  3 29
  3 30                                                             
  3 31                               JOHN P. KIBBIE
  3 32                               President of the Senate
  3 33
  3 34    I hereby certify that this bill originated in the House and
  3 35 is known as House File 2065, Eighty=second General Assembly.
  4  1
  4  2
  4  3                                                             
  4  4                               MARK BRANDSGARD
  4  5                               Chief Clerk of the House
  4  6 Approved                , 2008
  4  7
  4  8
  4  9                            
  4 10 CHESTER J. CULVER
  4 11 Governor