Iowa Military Service (USERRA) laws & HR compliance analysis

Iowa Military Service (USERRA): What you need to know

Much like the federal government, which has enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA), many states have enacted laws to protect the employment status of those who serve in the armed forces (38 USC 4301et seq.). Remember that USERRA, a federal law, preempts any state law that is less protective of the employment and reemployment rights of uniformed service people. There is more information.
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Iowa employers may not discriminate in employment against individuals because they are members of the National Guard, organized reserves of the armed forces of the United States, or any member of the Civil Air Patrol because of that membership (IA Code Sec. 29A.43).
Employees who are members of the National Guard, organized reserves of the armed forces, Civil Air Patrol, or U.S. Coast Guard are entitled to a leave of absence when ordered to temporary duty for any purpose. The leave may be with or without pay, at the employer's discretion. An employee returning from duty is entitled to be reinstated to the same position, or a position of like seniority, status, and pay, as long as the employee provides evidence to the employer of satisfactory completion of the duty or service and the employee is still qualified to perform the duties of the position. Temporary employees are not entitled to reinstatement. The period of absence must not affect employees' rights to vacation, sick leave, bonus, or other employment benefits. The law covers all public and private employers (IA Code Sec. 29A.43).
Public employees, other than those employed temporarily for 6 months or less, who are members of the National Guard, organized ...

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