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Military Duty Leave for Employees in Iowa

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Iowa employers must provide employees with leave for military duty in accordance with these state rules.

Employers in Iowa are required to grant leave to employees who are members of the National Guard or organized service when they are called up for military service without reducing their rights to employment benefits. There is no requirement, however, that salaries be paid during the leave.

The period of absence for military leave is considered a leave of absence and there is no limitation on the length of the leave. Military leave may in no way affect the individual's right to vacation, sick leave, bonus or other employment benefits.

A member of the National Guard or the organized Reserves of the U.S. who is ordered to temporary active duty for purposes of training or for active state service is entitled to a leave of absence during the period of active duty or service from the member's civilian employment, other than temporary employment.

Special Rules for Health Insurance Benefits

An officer or enlisted person of the National Guard or organized Reserves of the U.S. who is insured as a dependent under a group policy for accident or health insurance as a full-time student less than 25 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, or as a member of the organized reserves called to active duty from a reserve component status, is considered to have been continuously insured under the group policy for the purposes of returning to the insured dependent status as a full-time student who is less than 25 years of age.

This rule 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 U.S. in the line of duty.

Reinstatement

Upon completion of the duty or service, the employer must restore the person to the position held prior to the leave of absence, or a similar position of like seniority, status, and pay. The returning employee must give evidence of satisfactory completion of the training or duty and that he or she is still qualified to perform the duties of the job.

Prohibited Discrimination

Employers are prohibited from discriminating 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.

No one may be discharged from employment or hindered or prevented from performing the military service that person has been called upon to perform.

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