29A.28 - LEAVE OF ABSENCE OF CIVIL EMPLOYEES.
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