House File 504 - Introduced HOUSE FILE 504 BY FINKENAUER A BILL FOR An Act concerning absences from work by members of the 1 military. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2189YH (2) 87 ec/nh
H.F. 504 Section 1. Section 29A.43, subsection 1, Code 2017, is 1 amended to read as follows: 2 1. A person shall not discriminate against any officer or 3 enlisted person of the national guard or organized reserves 4 of the armed forces of the United States or any member of the 5 civil air patrol because of that membership. An employer, 6 or agent of an employer, shall not discharge a person from 7 employment because of being an officer or enlisted person of 8 the military forces of the state or member of the civil air 9 patrol, or hinder or prevent the officer or enlisted person or 10 member of the civil air patrol from performing any military 11 service or civil air patrol duty the person is called upon 12 to perform by proper authority. A member of the national 13 guard or organized reserves of the armed forces of the United 14 States ordered to temporary duty or service, as defined in 15 section 29A.1, subsection 3, 8, or 12 , or a member of the 16 civil air patrol performing duty pursuant to section 29A.3A , 17 for any purpose is entitled to a leave of absence during 18 the period of the duty or service, from the member’s private 19 employment unless the employment is of a temporary nature. 20 Upon completion of the duty or service, the employer shall 21 restore the person to the position held prior to the leave of 22 absence or employ the person in a position of like seniority, 23 status, and pay. However, the person shall give evidence to 24 the employer of satisfactory completion of the duty or service, 25 and that the person is still qualified to perform the duties 26 of the position. The period of absence shall be construed as 27 an excused absence with leave, and shall in no way affect the 28 employee’s rights to vacation, sick leave, bonus, or other 29 employment benefits relating to the employee’s particular 30 employment or be considered an absence that would affect the 31 employee’s rights for any bonus or other employee benefit 32 provided by the employer based on attendance at work . 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 2189YH (2) 87 ec/nh 1/ 2
H.F. 504 the explanation’s substance by the members of the general assembly. 1 This bill concerns absences from work by members of the 2 military. 3 Code section 29A.43, concerning leaves of absence from 4 employment by any officer or enlisted person of the national 5 guard or organized reserves of the armed forces of the United 6 States or any member of the civil air patrol, is amended. The 7 bill provides that any absence from work based on that military 8 membership shall be considered an excused absence with leave 9 and shall not be considered an absence that would affect the 10 employee’s rights for any bonus or other employee benefit 11 provided by the employer based on attendance at work. 12 -2- LSB 2189YH (2) 87 ec/nh 2/ 2