Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 63 - Leave › Rule 11-63.9 - Military Leave

Current through Register Vol. 47, No. 3, July 24, 2024
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.