For purposes of subrules 63.9(1) and 63.9(3) and as applied
to nontemporary employees whose regularly scheduled work shift is 16 hours or
less, "30 days" means 30 work days. For nontemporary employees whose regularly
scheduled work shift is more than 16 hours, "30 days" in subrules 63.9(1) and
63.9(3) shall be defined in accordance with the provisions of Iowa Code section
29A.28.
(1) A nontemporary employee who is a member
of the uniformed services, when ordered by proper authority to serve in the
uniformed services, shall be granted leave without loss of pay for 30 days each
calendar year. Absences required for military service shall be in accordance
with the rules on vacation, compensatory leave, or leave without pay,
38 U.S.C. Sections
4301 -
4333, and 20 CFR Part
1002 .
Military leave may be utilized for up to 30 days in each calendar year. Any
amount of military leave taken during any part of an employee's scheduled
workday, regardless of the number of hours actually taken, shall count as one
day toward the 30 paid day maximum. If the employee's work shift crosses two
calendar days, only one day shall count toward the 30 paid day maximum. Work
schedule changes shall not be made for the purpose of avoiding payment for
military leave.
(2) A nontemporary
employee who is ordered by proper authority to military duty as defined in Iowa
Code section 29A.28 may elect to be placed on
leave without pay or be separated and removed from the payroll.
(3) Nontemporary employees who elect to
separate from employment when ordered by proper authority to military duty
shall be given 30 days of regular pay in a lump sum with their last paycheck.
Any previous paid leave days granted for military service in the current
calendar year shall be deducted from this 30 days.
Employees who elect to be placed on leave without pay when
ordered by proper authority to military duty shall continue to receive regular
pay and benefits for 30 days. Any previous paid leave days granted for military
service in the current calendar year shall be deducted from this 30
days.
(4) At the conclusion
of military service, the employee must notify the employee's appointing
authority of the intent to exercise return rights pursuant to
38 U.S.C. Sections
4301 -4344.
(5) An employee taking military leave may use
any vacation or compensatory leave that was accrued prior to service. Employees
who elect to use vacation or compensatory leave shall continue to receive
benefits in accordance with the state of Iowa's benefits program policies and
procedures. Upon return to employment, the employee's accrual rate for vacation
shall be at the same rate as if the employee had not taken military
leave.
(6) An employee may maintain
health and dental insurance coverage while on military leave for up to 24
months. The employee is responsible for paying the employee's share of the
health and dental insurance premiums if the period of military service is less
than 31 days. If more than 30 days, the employee shall be required to pay 102
percent of the full premium under the plan to maintain coverage. Upon return to
employment, the employee may elect to have health and dental insurance coverage
become effective either on the first day of the month the employee returns to
employment or the first day of the month following the month in which the
employee returned to employment. Coverage under the plans will not have an
exclusion or waiting period upon return to employment. An exclusion or waiting
period may be imposed, however, in connection with any illness or injury
determined by the Secretary of the U.S. Department of Veterans Affairs to have
been incurred in, or aggravated during, performance of service in the uniformed
services.
(7) A person reemployed
under this rule shall be treated as not having incurred a break in service with
the employer by reason of such person's period of service in the uniformed
services.
Notes
Iowa Code r.
11-63.9
ARC 8265B, IAB
11/4/09, effective 12/9/09; ARC
3115C, IAB 6/7/17, effective 5/17/17; ARC 3231C, IAB 8/2/17, effective
9/6/17
ARC 8265B, lAB 11/4/09,
effective 12/9/09
Amended by
IAB
June 7, 2017/Volume XXXIX, Number 25, effective
5/17/2017
Amended by
IAB
August 2, 2017/Volume XL, Number 3, effective
9/6/2017
