As most public employers know, the rules that apply to the rest of the private employment world are sometimes different for them, particularly when it comes to pay, leave, and similar items. Iowa Code 29A.28 provides that public employers, including the “state, a subdivision thereof, or a municipality” must ensure that employees who need to take a military leave of absence can do so and public employers must meet all requirements of the statute in regard to pay.
Employees taking military leave, both pursuant to 29A.28 and for employers in general under the Uniformed Services Employment and Reemployment Rights Act (USERRA) must be allowed to return to the same position and classification they held before military leave, with some limited exceptions. So paid leave is calculated based on the standard hours or schedule worked.
For public employers, the person on military leave is entitled to paid leave for the first 30 days of their leave. Note that the leave does not need to be continuous. While the Iowa law is somewhat gray, courts have indicated that an employee out on military leave is entitled to 30 full days of paid leave, based on their ordinary working days. This means that, if an employee ordinarily works five days per week, they are entitled to six weeks (30 working days) of paid leave under the statute.
The same goes for employees whose leave is not continuous. The employee would still be paid for the days they would have worked while they were out on military...
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