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House File 200 - IntroducedA Bill ForAn Act 1relating to the military code and duty performed by a
2member of the United States coast guard.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 29A.1, subsection 3, Code 2021, is
2amended to read as follows:
33. “Federal active duty” means full-time duty in the active
4military service of the United States authorized and performed
5under the provisions of Tit.10 of the United States Code or
6full-time duty performed in the United States coast guard under
7the provisions of Tit.14 of the United States Code.
8 Sec. 2. Section 29A.28, subsection 1, paragraph a, Code
92021, is amended to read as follows:
10a. All officers and employees of the state, a subdivision
11thereof, or a municipality, other than employees employed
12temporarily for six months or less, who are members of the
13national guard, organized reserves or any component part of the
14military, naval, or air, or space forces, or nurse corps of
15this state or nation, or who are or may be otherwise inducted
16into the military service of this state or of the United
17States, or who are members of the civil air patrol, or who are
18regular, reserve, or auxiliary members of the United States
19coast guard, shall, when ordered by proper authority to state
20active duty, national guard duty, or federal active duty, or
21when performing a civil air patrol mission pursuant to section
2229A.3A, be entitled to a leave of absence from such civil
23employment for the period of state active duty, national guard
24duty, federal active duty, or civil air patrol duty without
25loss of status or efficiency rating, and without loss of pay
26during the first thirty days of such leave of absence.
27 Sec. 3. Section 29A.43, subsections 1 and 2, Code 2021, are
28amended to read as follows:
291. A person shall not discriminate against any officer or
30enlisted person of the national guard or organized reserves of
31the armed forces of the United States, any regular, reserve,
32or auxiliary member of the United States coast guard, or any
33member of the civil air patrol because of that membership. An
34employer, or agent of an employer, shall not discharge a person
35from employment because of being an officer or enlisted person
-1-1of the military forces of the state, a regular, reserve, or
2auxiliary member of the United States coast guard, or member
3of the civil air patrol, or hinder or prevent the officer or
4enlisted person, a regular, reserve, or auxiliary member of the
5United States coast guard, or member of the civil air patrol
6from performing any military service or civil air patrol duty
7the person is called upon to perform by proper authority. A
8member of the national guard or organized reserves of the
9armed forces of the United States, or a regular, reserve, or
10auxiliary member of the United States coast guard, ordered
11to temporary duty or service, as defined in section 29A.1,
12subsection 3, 8, or 12, or a member of the civil air patrol
13performing duty pursuant to section 29A.3A, for any purpose
14is entitled to a leave of absence during the period of the
15duty or service, from the member’s private employment unless
16the employment is of a temporary nature. Upon completion of
17the duty or service, the employer shall restore the person
18to the position held prior to the leave of absence or employ
19the person in a position of like seniority, status, and pay.
20However, the person shall give evidence to the employer of
21satisfactory completion of the duty or service, and that
22the person is still qualified to perform the duties of the
23position. The period of absence shall be construed as an
24absence with leave, and shall in no way affect the employee’s
25rights to vacation, sick leave, bonus, or other employment
26benefits relating to the employee’s particular employment.
272. An officer or enlisted person of the national guard or
28organized reserves of the armed forces of the United States, or
29any regular, reserve, or auxiliary member of the United States
30coast guard, who is insured as a dependent under a group policy
31for accident or health insurance as a full-time student less
32than twenty-five years of age, whose coverage under the group
33policy would otherwise terminate while the officer or enlisted
34person was on a leave of absence during a period of temporary
35duty or service, as defined for members of the national guard
-2-1in section 29A.1, subsection 3, 8, or 12, or as a member of
2the organized reserves called to active duty from a reserve
3component status, or as a regular, reserve, or auxiliary
4member of the United States coast guard, shall be considered
5to have been continuously insured under the group policy for
6the purpose of returning to the insured dependent status as
7a full-time student who is less than twenty-five years of
8age. This subsection does not apply to coverage of an injury
9suffered or a disease contracted by a member of the national
10guard or organized reserves of the armed forces of the United
11States in the line of duty.
12 Sec. 4. Section 96.7, subsection 2, paragraph a,
13subparagraph (2), subparagraph division (e), Code 2021, is
14amended by adding the following new subparagraph subdivision:
15 NEW SUBPARAGRAPH SUBDIVISION. (iii) A regular, reserve, or
16auxiliary member of the United States coast guard performing
17duty as defined in section 29A.1, subsection 3, 8, or 12, who
18has completed the duty as evidenced in accordance with section
1929A.43.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill generally concerns regular, reserve, and auxiliary
24members of the United States coast guard.
25Code section 29A.1, concerning definitions for purposes of
26the military code, is amended to provide that federal active
27duty includes full-time duty performed in the United States
28coast guard.
29Code section 29A.28, concerning leaves of absence for public
30employees ordered to certain military duty, is amended to
31provide that the requirement to provide a leave of absence for
32such duty also applies to members of the space force and to
33regular, reserve, or auxiliary members of the United States
34coast guard when called to military duty.
35Code section 29A.43, concerning certain prohibitions related
-3-1to military service and military duty, is amended to provide
2that the prohibitions also apply to regular, reserve, or
3auxiliary members of the United States coast guard when called
4to military duty. Specifically, the Code section prohibits
5any discrimination against a person because of their military
6service and prohibits employers from discharging a person from
7employment, or failing to reinstate a person to employment, for
8leaves of absence related to military duty. The Code section
9also prohibits terminating coverage under a group health
10insurance policy for a leave of absence for military duty.
11Code section 96.7, concerning employer contributions and
12reimbursement related to unemployment compensation is amended
13to provide that the account of an employer shall not be charged
14with benefits paid to an individual who is laid off if the
15benefits are paid as the result of the return to work of a
16permanent employee who is a regular, reserve, or auxiliary
17member of the United States coast guard performing military
18duty and who has completed the duty as evidenced in accordance
19with Code section 29A.43.
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2member of the United States coast guard.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 29A.1, subsection 3, Code 2021, is
2amended to read as follows:
33. “Federal active duty” means full-time duty in the active
4military service of the United States authorized and performed
5under the provisions of Tit.10 of the United States Code or
6full-time duty performed in the United States coast guard under
7the provisions of Tit.14 of the United States Code.
8 Sec. 2. Section 29A.28, subsection 1, paragraph a, Code
92021, is amended to read as follows:
10a. All officers and employees of the state, a subdivision
11thereof, or a municipality, other than employees employed
12temporarily for six months or less, who are members of the
13national guard, organized reserves or any component part of the
14military, naval, or air, or space forces, or nurse corps of
15this state or nation, or who are or may be otherwise inducted
16into the military service of this state or of the United
17States, or who are members of the civil air patrol, or who are
18regular, reserve, or auxiliary members of the United States
19coast guard, shall, when ordered by proper authority to state
20active duty, national guard duty, or federal active duty, or
21when performing a civil air patrol mission pursuant to section
2229A.3A, be entitled to a leave of absence from such civil
23employment for the period of state active duty, national guard
24duty, federal active duty, or civil air patrol duty without
25loss of status or efficiency rating, and without loss of pay
26during the first thirty days of such leave of absence.
27 Sec. 3. Section 29A.43, subsections 1 and 2, Code 2021, are
28amended to read as follows:
291. A person shall not discriminate against any officer or
30enlisted person of the national guard or organized reserves of
31the armed forces of the United States, any regular, reserve,
32or auxiliary member of the United States coast guard, or any
33member of the civil air patrol because of that membership. An
34employer, or agent of an employer, shall not discharge a person
35from employment because of being an officer or enlisted person
-1-1of the military forces of the state, a regular, reserve, or
2auxiliary member of the United States coast guard, or member
3of the civil air patrol, or hinder or prevent the officer or
4enlisted person, a regular, reserve, or auxiliary member of the
5United States coast guard, or member of the civil air patrol
6from performing any military service or civil air patrol duty
7the person is called upon to perform by proper authority. A
8member of the national guard or organized reserves of the
9armed forces of the United States, or a regular, reserve, or
10auxiliary member of the United States coast guard, ordered
11to temporary duty or service, as defined in section 29A.1,
12subsection 3, 8, or 12, or a member of the civil air patrol
13performing duty pursuant to section 29A.3A, for any purpose
14is entitled to a leave of absence during the period of the
15duty or service, from the member’s private employment unless
16the employment is of a temporary nature. Upon completion of
17the duty or service, the employer shall restore the person
18to the position held prior to the leave of absence or employ
19the person in a position of like seniority, status, and pay.
20However, the person shall give evidence to the employer of
21satisfactory completion of the duty or service, and that
22the person is still qualified to perform the duties of the
23position. The period of absence shall be construed as an
24absence with leave, and shall in no way affect the employee’s
25rights to vacation, sick leave, bonus, or other employment
26benefits relating to the employee’s particular employment.
272. An officer or enlisted person of the national guard or
28organized reserves of the armed forces of the United States, or
29any regular, reserve, or auxiliary member of the United States
30coast guard, who is insured as a dependent under a group policy
31for accident or health insurance as a full-time student less
32than twenty-five years of age, whose coverage under the group
33policy would otherwise terminate while the officer or enlisted
34person was on a leave of absence during a period of temporary
35duty or service, as defined for members of the national guard
-2-1in section 29A.1, subsection 3, 8, or 12, or as a member of
2the organized reserves called to active duty from a reserve
3component status, or as a regular, reserve, or auxiliary
4member of the United States coast guard, shall be considered
5to have been continuously insured under the group policy for
6the purpose of returning to the insured dependent status as
7a full-time student who is less than twenty-five years of
8age. This subsection does not apply to coverage of an injury
9suffered or a disease contracted by a member of the national
10guard or organized reserves of the armed forces of the United
11States in the line of duty.
12 Sec. 4. Section 96.7, subsection 2, paragraph a,
13subparagraph (2), subparagraph division (e), Code 2021, is
14amended by adding the following new subparagraph subdivision:
15 NEW SUBPARAGRAPH SUBDIVISION. (iii) A regular, reserve, or
16auxiliary member of the United States coast guard performing
17duty as defined in section 29A.1, subsection 3, 8, or 12, who
18has completed the duty as evidenced in accordance with section
1929A.43.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill generally concerns regular, reserve, and auxiliary
24members of the United States coast guard.
25Code section 29A.1, concerning definitions for purposes of
26the military code, is amended to provide that federal active
27duty includes full-time duty performed in the United States
28coast guard.
29Code section 29A.28, concerning leaves of absence for public
30employees ordered to certain military duty, is amended to
31provide that the requirement to provide a leave of absence for
32such duty also applies to members of the space force and to
33regular, reserve, or auxiliary members of the United States
34coast guard when called to military duty.
35Code section 29A.43, concerning certain prohibitions related
-3-1to military service and military duty, is amended to provide
2that the prohibitions also apply to regular, reserve, or
3auxiliary members of the United States coast guard when called
4to military duty. Specifically, the Code section prohibits
5any discrimination against a person because of their military
6service and prohibits employers from discharging a person from
7employment, or failing to reinstate a person to employment, for
8leaves of absence related to military duty. The Code section
9also prohibits terminating coverage under a group health
10insurance policy for a leave of absence for military duty.
11Code section 96.7, concerning employer contributions and
12reimbursement related to unemployment compensation is amended
13to provide that the account of an employer shall not be charged
14with benefits paid to an individual who is laid off if the
15benefits are paid as the result of the return to work of a
16permanent employee who is a regular, reserve, or auxiliary
17member of the United States coast guard performing military
18duty and who has completed the duty as evidenced in accordance
19with Code section 29A.43.
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