House File 488 - Introduced



                                       HOUSE FILE       
                                       BY  JACOBY, McCARTHY, and
                                           HEATON


    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 disaster 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 2573HH 82
  6 ec/gg/14

PAG LIN



  1  1    Section 1.  Section 29A.28, subsection 1, Code 2007, 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, or who are members of the civil air patrol, shall,
  1 11 when ordered by proper authority to state active duty, state
  1 12 military service, or federal service, or when performing a
  1 13 civil air patrol mission pursuant to section 29A.3A, be
  1 14 entitled to a leave of absence from such civil employment for
  1 15 the period of state active duty, state military service,
  1 16 federal service, or civil air patrol duty without loss of
  1 17 status or efficiency rating, and without loss of pay during
  1 18 the first thirty days of such leave of absence.  Where state
  1 19 active duty, state military service, federal service, or civil
  1 20 air patrol duty is for a period of less than thirty days, a
  1 21 leave of absence under this section shall only be required for
  1 22 those days that the civil employee would normally perform
  1 23 services for the state, subdivision of the state, or a
  1 24 municipality.  The provisions of this section shall also apply
  1 25 to a leave of absence by a member of the national disaster
  1 26 medical system of the United States when activated for federal
  1 27 service with the system.
  1 28    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  1 29 immediate importance, takes effect upon enactment and is
  1 30 applicable on and after that date.
  1 31    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  1 32 3, Code 2007, shall not apply to this Act.
  1 33                           EXPLANATION
  1 34    This bill provides that the leave of absence protections
  1 35 applicable to members of the military who are activated for
  2  1 military service shall also apply to members of the national
  2  2 disaster medical system of the United States when they are
  2  3 called to federal service.  Current law, made applicable to
  2  4 members of the national disaster medical system by this bill,
  2  5 provides that members activated for military or federal
  2  6 service are entitled to a leave of absence from governmental
  2  7 employment for the period of military or federal service
  2  8 without loss of status or efficiency rating, and without loss
  2  9 of pay during the first 30 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 2573HH 82
  2 18 ec:nh/gg/14