House File 2013 - Introduced



                                       HOUSE FILE       
                                       BY  WHITAKER


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

                                      A BILL FOR

  1 An Act relating to leaves of absence for service in elective
  2    office.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5119HH 82
  5 jr/rj/5

PAG LIN



  1  1    Section 1.  Section 55.1, Code 2007, is amended to read as
  1  2 follows:
  1  3    55.1  LEAVE OF ABSENCE FOR SERVICE IN ELECTIVE OFFICE.
  1  4    A person who is elected to a municipal, county, state, or
  1  5 federal office shall, upon written application to the employer
  1  6 of that person, be granted a leave of absence on a full=time
  1  7 or part=time basis from regular employment to serve in that
  1  8 office except where prohibited by the federal law.  The leave
  1  9 of absence may be granted without pay and shall be granted
  1 10 without loss of net credited service and benefits earned.
  1 11 This section shall not be construed to require an employer to
  1 12 pay pension, health or other benefits during the leave of
  1 13 absence to an employee taking a leave of absence under this
  1 14 section.
  1 15    A leave of absence for a person regularly employed pursuant
  1 16 to chapter 8A, subchapter IV, is subject to section 8A.416.
  1 17    An employee shall not be prohibited from returning to
  1 18 regular employment before the period expires for which the
  1 19 leave of absence was granted.  This section applies only to
  1 20 employers which employ twenty or more full=time persons.  The
  1 21 leave of absence granted by this section need not exceed six
  1 22 years.  The leave of absence granted by this section does not
  1 23 apply to an elective office held by the employee prior to the
  1 24 election.
  1 25    Temporary substitute teachers and teachers hired on a
  1 26 temporary basis to replace teachers who have been granted
  1 27 leaves of absence pursuant to this section are not subject to
  1 28 the provisions of chapter 279 relating to the termination of
  1 29 continuing contracts.
  1 30                           EXPLANATION
  1 31    Code chapter 55 guarantees a leave of absence from regular
  1 32 employment for a person elected to serve in public office.
  1 33 This bill specifies that the leave of absence can be either
  1 34 full=time or part=time.
  1 35 LSB 5119HH 82
  2  1 jr/rj/5