29A.43 - DISCRIMINATION PROHIBITED -- LEAVE OF ABSENCE -- CONTINUATION OF HEALTH COVERAGE.
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