State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-11 > Chapter-29a > 29a-28

        29A.28  LEAVE OF ABSENCE OF CIVIL EMPLOYEES.
         1. a.  All officers and employees of the state, a subdivision
      thereof, or a municipality, other than employees employed temporarily
      for six months or less, who are members of the national guard,
      organized reserves or any component part of the military, naval, or
      air forces or nurse corps of this state or nation, or who are or may
      be otherwise inducted into the military service of this state or of
      the United States, or who are members of the civil air patrol, shall,
      when ordered by proper authority to state active duty, state military
      service, or federal service, or when performing a civil air patrol
      mission pursuant to section 29A.3A, be entitled to a leave of absence
      from such civil employment for the period of state active duty, state
      military service, federal service, or civil air patrol duty without
      loss of status or efficiency rating, and without loss of pay during
      the first thirty days of such leave of absence.
         b.  Where state active duty, state military service, federal
      service, or civil air patrol duty is for a period of less than thirty
      days, a leave of absence under this section shall only be required
      for those days that the civil employee would normally perform
      services for the state, subdivision of the state, or a municipality.
      The provisions of this section shall also apply to a leave of absence
      by a member of the national disaster medical system of the United
      States when activated for federal service with the system.  If the
      workday for a civil employee encompasses more than one calendar day,
      the civil employee shall only be required to take a leave of absence
      for one day for that workday if a leave of absence is required under
      this paragraph.
         2.  A state agency, subdivision of the state, or municipality may
      hire a temporary employee to fill any vacancy created by such leave
      of absence.  Temporary employees hired to fill a vacancy created by a
      leave of absence under this section shall not count against the
      number of full-time equivalent positions authorized for the state
      agency, subdivision of the state, or municipality.
         3.  Upon returning from a leave of absence under this section, an
      employee shall be entitled to return to the same position and
      classification held by the employee at the time of entry into state
      active duty, state military service, federal service, or civil air
      patrol duty, or to the position and classification that the employee
      would have been entitled to if the continuous civil service of the
      employee had not been interrupted by state active duty, state
      military service, federal service, or civil air patrol duty.  Under
      this subsection, "position" includes the geographical location of
      the position.  
         Section History: Early Form
         [C35, § 467-f25; C39, § 467.25; C46, 50, § 29.25; C54, 58, 62,
      § 29.28; C66, 71, 73, 75, 77, 79, 81, § 29A.28] 
         Section History: Recent Form
         2001 Acts, 2nd Ex, ch 1, §16, 28; 2003 Acts, ch 142, §3, 11; 2003
      Acts, 1st Ex, ch 2, § 36, 47; 2004 Acts, ch 1086, §14; 2006 Acts, ch
      1185, §59; 2007 Acts, ch 126, §12; 2007 Acts, ch 218, §133--135; 2008
      Acts, ch 1003, §2, 5
         Referred to in § 29A.8A, 279.13, 279.23
         See also § 29A.43

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-11 > Chapter-29a > 29a-28

        29A.28  LEAVE OF ABSENCE OF CIVIL EMPLOYEES.
         1. a.  All officers and employees of the state, a subdivision
      thereof, or a municipality, other than employees employed temporarily
      for six months or less, who are members of the national guard,
      organized reserves or any component part of the military, naval, or
      air forces or nurse corps of this state or nation, or who are or may
      be otherwise inducted into the military service of this state or of
      the United States, or who are members of the civil air patrol, shall,
      when ordered by proper authority to state active duty, state military
      service, or federal service, or when performing a civil air patrol
      mission pursuant to section 29A.3A, be entitled to a leave of absence
      from such civil employment for the period of state active duty, state
      military service, federal service, or civil air patrol duty without
      loss of status or efficiency rating, and without loss of pay during
      the first thirty days of such leave of absence.
         b.  Where state active duty, state military service, federal
      service, or civil air patrol duty is for a period of less than thirty
      days, a leave of absence under this section shall only be required
      for those days that the civil employee would normally perform
      services for the state, subdivision of the state, or a municipality.
      The provisions of this section shall also apply to a leave of absence
      by a member of the national disaster medical system of the United
      States when activated for federal service with the system.  If the
      workday for a civil employee encompasses more than one calendar day,
      the civil employee shall only be required to take a leave of absence
      for one day for that workday if a leave of absence is required under
      this paragraph.
         2.  A state agency, subdivision of the state, or municipality may
      hire a temporary employee to fill any vacancy created by such leave
      of absence.  Temporary employees hired to fill a vacancy created by a
      leave of absence under this section shall not count against the
      number of full-time equivalent positions authorized for the state
      agency, subdivision of the state, or municipality.
         3.  Upon returning from a leave of absence under this section, an
      employee shall be entitled to return to the same position and
      classification held by the employee at the time of entry into state
      active duty, state military service, federal service, or civil air
      patrol duty, or to the position and classification that the employee
      would have been entitled to if the continuous civil service of the
      employee had not been interrupted by state active duty, state
      military service, federal service, or civil air patrol duty.  Under
      this subsection, "position" includes the geographical location of
      the position.  
         Section History: Early Form
         [C35, § 467-f25; C39, § 467.25; C46, 50, § 29.25; C54, 58, 62,
      § 29.28; C66, 71, 73, 75, 77, 79, 81, § 29A.28] 
         Section History: Recent Form
         2001 Acts, 2nd Ex, ch 1, §16, 28; 2003 Acts, ch 142, §3, 11; 2003
      Acts, 1st Ex, ch 2, § 36, 47; 2004 Acts, ch 1086, §14; 2006 Acts, ch
      1185, §59; 2007 Acts, ch 126, §12; 2007 Acts, ch 218, §133--135; 2008
      Acts, ch 1003, §2, 5
         Referred to in § 29A.8A, 279.13, 279.23
         See also § 29A.43

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-11 > Chapter-29a > 29a-28

        29A.28  LEAVE OF ABSENCE OF CIVIL EMPLOYEES.
         1. a.  All officers and employees of the state, a subdivision
      thereof, or a municipality, other than employees employed temporarily
      for six months or less, who are members of the national guard,
      organized reserves or any component part of the military, naval, or
      air forces or nurse corps of this state or nation, or who are or may
      be otherwise inducted into the military service of this state or of
      the United States, or who are members of the civil air patrol, shall,
      when ordered by proper authority to state active duty, state military
      service, or federal service, or when performing a civil air patrol
      mission pursuant to section 29A.3A, be entitled to a leave of absence
      from such civil employment for the period of state active duty, state
      military service, federal service, or civil air patrol duty without
      loss of status or efficiency rating, and without loss of pay during
      the first thirty days of such leave of absence.
         b.  Where state active duty, state military service, federal
      service, or civil air patrol duty is for a period of less than thirty
      days, a leave of absence under this section shall only be required
      for those days that the civil employee would normally perform
      services for the state, subdivision of the state, or a municipality.
      The provisions of this section shall also apply to a leave of absence
      by a member of the national disaster medical system of the United
      States when activated for federal service with the system.  If the
      workday for a civil employee encompasses more than one calendar day,
      the civil employee shall only be required to take a leave of absence
      for one day for that workday if a leave of absence is required under
      this paragraph.
         2.  A state agency, subdivision of the state, or municipality may
      hire a temporary employee to fill any vacancy created by such leave
      of absence.  Temporary employees hired to fill a vacancy created by a
      leave of absence under this section shall not count against the
      number of full-time equivalent positions authorized for the state
      agency, subdivision of the state, or municipality.
         3.  Upon returning from a leave of absence under this section, an
      employee shall be entitled to return to the same position and
      classification held by the employee at the time of entry into state
      active duty, state military service, federal service, or civil air
      patrol duty, or to the position and classification that the employee
      would have been entitled to if the continuous civil service of the
      employee had not been interrupted by state active duty, state
      military service, federal service, or civil air patrol duty.  Under
      this subsection, "position" includes the geographical location of
      the position.  
         Section History: Early Form
         [C35, § 467-f25; C39, § 467.25; C46, 50, § 29.25; C54, 58, 62,
      § 29.28; C66, 71, 73, 75, 77, 79, 81, § 29A.28] 
         Section History: Recent Form
         2001 Acts, 2nd Ex, ch 1, §16, 28; 2003 Acts, ch 142, §3, 11; 2003
      Acts, 1st Ex, ch 2, § 36, 47; 2004 Acts, ch 1086, §14; 2006 Acts, ch
      1185, §59; 2007 Acts, ch 126, §12; 2007 Acts, ch 218, §133--135; 2008
      Acts, ch 1003, §2, 5
         Referred to in § 29A.8A, 279.13, 279.23
         See also § 29A.43