House File 2065 - Enrolled

PAG LIN

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AN ACT

HOUSE FILE 2065

1	4 RELATING TO MILITARY LEAVES OF ABSENCE AND REEMPLOYMENT AND
1	5	PROVIDING AN EFFECTIVE DATE.
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1	7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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
35 entitled to a leave of absence from such civil employment for
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
35 entitled to a leave of absence during the period of the duty
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
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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
35 is known as House File 2065, Eighty=second General Assembly. 4	1
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4	4	MARK BRANDSGARD
4	5	Chief Clerk of the House
4	6 Approved	, 2008
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4 10 CHESTER J. CULVER
4 11 Governor