House File 2281 - Introduced



                                       HOUSE FILE       
                                       BY  JACOBY and McCARTHY


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning employment protection for members of the
  2    national defense medical system and providing an effective
  3    date and applicability provision.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6182HH 81
  6 ec/gg/14

PAG LIN



  1  1    Section 1.  Section 29A.28, subsection 1, Code 2005, is
  1  2 amended to read as follows:
  1  3    1.  All officers and employees of the state, or a
  1  4 subdivision thereof, or a municipality other than employees
  1  5 employed temporarily for six months or less, who are members
  1  6 of the national guard, organized reserves or any component
  1  7 part of the military, naval, or air forces or nurse corps of
  1  8 this state or nation, or who are or may be otherwise inducted
  1  9 into the military service of this state or of the United
  1 10 States, shall, when ordered by proper authority to state
  1 11 active duty, state military service, or federal service, be
  1 12 entitled to a leave of absence from such civil employment for
  1 13 the period of state active duty, state military service, or
  1 14 federal service, without loss of status or efficiency rating,
  1 15 and without loss of pay during the first thirty days of such
  1 16 leave of absence.  Where state active duty, state military
  1 17 service, or federal service is for a period less than thirty
  1 18 days, a leave of absence under this section shall only be
  1 19 required for those days that the civil employee would normally
  1 20 perform services for the state, subdivision of the state, or a
  1 21 municipality.  The provisions of this section shall also apply
  1 22 to a leave of absence by a member of the federal national
  1 23 disaster medical system within the United States department of
  1 24 homeland security when activated for federal service with the
  1 25 system.
  1 26    Sec. 2.  EFFECTIVE DATE == RETROACTIVE APPLICABILITY.  This
  1 27 Act, being deemed of immediate importance, takes effect upon
  1 28 enactment and is retroactively applicable to July 1, 2005, and
  1 29 is applicable on and after that date.
  1 30    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  1 31 3, Code 2005, shall not apply to this Act.
  1 32                           EXPLANATION
  1 33    This bill provides that the leave of absence protections
  1 34 applicable to members of the military who are activated for
  1 35 military service shall also apply to members of the national
  2  1 disaster medical system within the United States department of
  2  2 homeland security when they are called to federal service.
  2  3 Current law, made applicable to members of the national
  2  4 disaster medical system by this bill, provides that members
  2  5 activated for military or federal service are entitled to a
  2  6 leave of absence from governmental employment for the period
  2  7 of military or federal service without loss of status or
  2  8 efficiency rating, and without loss of pay during the first 30
  2  9 days of such leave of absence.
  2 10    The bill may include a state mandate as defined in Code
  2 11 section 25B.3.  The bill makes inapplicable Code section
  2 12 25B.2, subsection 3, which would relieve a political
  2 13 subdivision from complying with a state mandate if funding for
  2 14 the cost of the state mandate is not provided or specified.
  2 15 Therefore, political subdivisions are required to comply with
  2 16 any state mandate included in the bill.
  2 17 LSB 6182HH 81
  2 18 ec:nh/gg/14