State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-11 > Chapter-29a > 29a-43

        29A.43  DISCRIMINATION PROHIBITED -- LEAVE OF ABSENCE
      -- CONTINUATION OF HEALTH COVERAGE.
         1.  A person shall not discriminate against any officer or
      enlisted person of the national guard or organized reserves of the
      armed forces of the United States or any member of the civil air
      patrol because of that membership.  An employer, or agent of an
      employer, shall not discharge a person from employment because of
      being an officer or enlisted person of the military forces of the
      state or member of the civil air patrol, or hinder or prevent the
      officer or enlisted person or member of the civil air patrol from
      performing any military service or civil air patrol duty the person
      is called upon to perform by proper authority.  A member of the
      national guard or organized reserves of the armed forces of the
      United States ordered to temporary duty, as defined in section 29A.1,
      subsection 3, 11, or 12, or a member of the civil air patrol
      performing duty pursuant to section 29A.3A, for any purpose is
      entitled to a leave of absence during the period of the duty or
      service, from the member's private employment unless the employment
      is of a temporary nature.  Upon completion of the duty or service,
      the employer shall restore the person to the position held prior to
      the leave of absence or employ the person in a position of like
      seniority, status, and pay.  However, the person shall give evidence
      to the employer of satisfactory completion of the duty or service,
      and that the person is still qualified to perform the duties of the
      position.  The period of absence shall be construed as an absence
      with leave, and shall in no way affect the employee's rights to
      vacation, sick leave, bonus, or other employment benefits relating to
      the employee's particular employment.
         2.  An officer or enlisted person of the national guard or
      organized reserves of the armed forces of the United States who is
      insured as a dependent under a group policy for accident or health
      insurance as a full-time student less than twenty-five years of age,
      whose coverage under the group policy would otherwise terminate while
      the officer or enlisted person was on a leave of absence during a
      period of temporary duty or service, as defined for members of the
      national guard in section 29A.1, subsection 3, 11, or 12, or as a
      member of the organized reserves called to active duty from a reserve
      component status, shall be considered to have been continuously
      insured under the group policy for the purpose of returning to the
      insured dependent status as a full-time student who is less than
      twenty-five years of age.  This subsection does not apply to coverage
      of an injury suffered or a disease contracted by a member of the
      national guard or organized reserves of the armed forces of the
      United States in the line of duty.
         3.  A person violating a provision of this section is guilty of a
      simple misdemeanor.  Violations of this section shall be prosecuted
      by the attorney general or the county attorney of the county in which
      the violation occurs.  
         Section History: Early Form
         [C35, § 467-f5; C39, § 467.05; C46, 50, § 29.5; C54, 58, 62, §
      29.43; C66, 71, 73, 75, 77, 79, 81, § 29A.43] 
         Section History: Recent Form
         87 Acts, ch 115, § 8; 2001 Acts, 2nd Ex, ch 1, §18, 28; 2002 Acts,
      ch 1117, §17, 23; 2003 Acts, ch 91, §1; 2006 Acts, ch 1185, §61; 2008
      Acts, ch 1003, §3--5
         Referred to in § 8A.311, 96.7(2a)
         Leave for civil employees; § 29A.28

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-11 > Chapter-29a > 29a-43

        29A.43  DISCRIMINATION PROHIBITED -- LEAVE OF ABSENCE
      -- CONTINUATION OF HEALTH COVERAGE.
         1.  A person shall not discriminate against any officer or
      enlisted person of the national guard or organized reserves of the
      armed forces of the United States or any member of the civil air
      patrol because of that membership.  An employer, or agent of an
      employer, shall not discharge a person from employment because of
      being an officer or enlisted person of the military forces of the
      state or member of the civil air patrol, or hinder or prevent the
      officer or enlisted person or member of the civil air patrol from
      performing any military service or civil air patrol duty the person
      is called upon to perform by proper authority.  A member of the
      national guard or organized reserves of the armed forces of the
      United States ordered to temporary duty, as defined in section 29A.1,
      subsection 3, 11, or 12, or a member of the civil air patrol
      performing duty pursuant to section 29A.3A, for any purpose is
      entitled to a leave of absence during the period of the duty or
      service, from the member's private employment unless the employment
      is of a temporary nature.  Upon completion of the duty or service,
      the employer shall restore the person to the position held prior to
      the leave of absence or employ the person in a position of like
      seniority, status, and pay.  However, the person shall give evidence
      to the employer of satisfactory completion of the duty or service,
      and that the person is still qualified to perform the duties of the
      position.  The period of absence shall be construed as an absence
      with leave, and shall in no way affect the employee's rights to
      vacation, sick leave, bonus, or other employment benefits relating to
      the employee's particular employment.
         2.  An officer or enlisted person of the national guard or
      organized reserves of the armed forces of the United States who is
      insured as a dependent under a group policy for accident or health
      insurance as a full-time student less than twenty-five years of age,
      whose coverage under the group policy would otherwise terminate while
      the officer or enlisted person was on a leave of absence during a
      period of temporary duty or service, as defined for members of the
      national guard in section 29A.1, subsection 3, 11, or 12, or as a
      member of the organized reserves called to active duty from a reserve
      component status, shall be considered to have been continuously
      insured under the group policy for the purpose of returning to the
      insured dependent status as a full-time student who is less than
      twenty-five years of age.  This subsection does not apply to coverage
      of an injury suffered or a disease contracted by a member of the
      national guard or organized reserves of the armed forces of the
      United States in the line of duty.
         3.  A person violating a provision of this section is guilty of a
      simple misdemeanor.  Violations of this section shall be prosecuted
      by the attorney general or the county attorney of the county in which
      the violation occurs.  
         Section History: Early Form
         [C35, § 467-f5; C39, § 467.05; C46, 50, § 29.5; C54, 58, 62, §
      29.43; C66, 71, 73, 75, 77, 79, 81, § 29A.43] 
         Section History: Recent Form
         87 Acts, ch 115, § 8; 2001 Acts, 2nd Ex, ch 1, §18, 28; 2002 Acts,
      ch 1117, §17, 23; 2003 Acts, ch 91, §1; 2006 Acts, ch 1185, §61; 2008
      Acts, ch 1003, §3--5
         Referred to in § 8A.311, 96.7(2a)
         Leave for civil employees; § 29A.28

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-11 > Chapter-29a > 29a-43

        29A.43  DISCRIMINATION PROHIBITED -- LEAVE OF ABSENCE
      -- CONTINUATION OF HEALTH COVERAGE.
         1.  A person shall not discriminate against any officer or
      enlisted person of the national guard or organized reserves of the
      armed forces of the United States or any member of the civil air
      patrol because of that membership.  An employer, or agent of an
      employer, shall not discharge a person from employment because of
      being an officer or enlisted person of the military forces of the
      state or member of the civil air patrol, or hinder or prevent the
      officer or enlisted person or member of the civil air patrol from
      performing any military service or civil air patrol duty the person
      is called upon to perform by proper authority.  A member of the
      national guard or organized reserves of the armed forces of the
      United States ordered to temporary duty, as defined in section 29A.1,
      subsection 3, 11, or 12, or a member of the civil air patrol
      performing duty pursuant to section 29A.3A, for any purpose is
      entitled to a leave of absence during the period of the duty or
      service, from the member's private employment unless the employment
      is of a temporary nature.  Upon completion of the duty or service,
      the employer shall restore the person to the position held prior to
      the leave of absence or employ the person in a position of like
      seniority, status, and pay.  However, the person shall give evidence
      to the employer of satisfactory completion of the duty or service,
      and that the person is still qualified to perform the duties of the
      position.  The period of absence shall be construed as an absence
      with leave, and shall in no way affect the employee's rights to
      vacation, sick leave, bonus, or other employment benefits relating to
      the employee's particular employment.
         2.  An officer or enlisted person of the national guard or
      organized reserves of the armed forces of the United States who is
      insured as a dependent under a group policy for accident or health
      insurance as a full-time student less than twenty-five years of age,
      whose coverage under the group policy would otherwise terminate while
      the officer or enlisted person was on a leave of absence during a
      period of temporary duty or service, as defined for members of the
      national guard in section 29A.1, subsection 3, 11, or 12, or as a
      member of the organized reserves called to active duty from a reserve
      component status, shall be considered to have been continuously
      insured under the group policy for the purpose of returning to the
      insured dependent status as a full-time student who is less than
      twenty-five years of age.  This subsection does not apply to coverage
      of an injury suffered or a disease contracted by a member of the
      national guard or organized reserves of the armed forces of the
      United States in the line of duty.
         3.  A person violating a provision of this section is guilty of a
      simple misdemeanor.  Violations of this section shall be prosecuted
      by the attorney general or the county attorney of the county in which
      the violation occurs.  
         Section History: Early Form
         [C35, § 467-f5; C39, § 467.05; C46, 50, § 29.5; C54, 58, 62, §
      29.43; C66, 71, 73, 75, 77, 79, 81, § 29A.43] 
         Section History: Recent Form
         87 Acts, ch 115, § 8; 2001 Acts, 2nd Ex, ch 1, §18, 28; 2002 Acts,
      ch 1117, §17, 23; 2003 Acts, ch 91, §1; 2006 Acts, ch 1185, §61; 2008
      Acts, ch 1003, §3--5
         Referred to in § 8A.311, 96.7(2a)
         Leave for civil employees; § 29A.28