PRINTER'S NO. 4029
No. 2659 Session of 2006
INTRODUCED BY J. EVANS, ADOLPH, ARMSTRONG, BALDWIN, BARRAR,
BEBKO-JONES, BELARDI, BENNINGHOFF, BEYER, BIANCUCCI, BOYD,
BUNT, CALTAGIRONE, CAPPELLI, COHEN, CRAHALLA, DENLINGER,
DeWEESE, FABRIZIO, FORCIER, GABIG, GEIST, GEORGE, GERGELY,
GINGRICH, GOOD, GOODMAN, GRUCELA, HARPER, HARRIS, HESS,
JAMES, KENNEY, KILLION, KOTIK, MANN, MARSICO, McILHATTAN,
MICOZZIE, MYERS, O'NEILL, PALLONE, PAYNE, PETRARCA, PETRONE,
PHILLIPS, PISTELLA, PYLE, RAPP, REED, REICHLEY, SAINATO,
SAYLOR, SCAVELLO, SCHRODER, SEMMEL, SHANER, SIPTROTH,
B. SMITH, SONNEY, STABACK, STERN, R. STEVENSON, SURRA,
E. Z. TAYLOR, J. TAYLOR, THOMAS, TRUE, WALKO, WANSACZ,
YOUNGBLOOD AND YUDICHAK, MAY 2, 2006
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MAY 2, 2006
AN ACT
1 Amending Title 51 (Military Affairs) of the Pennsylvania
2 Consolidated Statutes, further providing for leaves of
3 absence for certain government employees.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 4102 of Title 51 of the Pennsylvania
7 Consolidated Statutes, amended December 1, 2005 (P.L.327,
8 No.62), is amended to read:
9 § 4102. Leaves of absence for certain government employees.
10 (a) Mandatory.--
11 (1) All officers and employees of a political
12 subdivision, or its instrumentalities, who are members of the
13 Pennsylvania National Guard, shall be entitled to leave of
1 absence from their respective duties without loss of pay,
2 time or efficiency rating on all days during which they
3 shall, as members of the Pennsylvania National Guard, be
4 engaged in active State duty. All such officers and employees
5 shall, in addition, be entitled to leave of absence from
6 their respective duties without loss of pay, time or
7 efficiency rating on all days not exceeding 15 days in any
8 one year during which they shall, as members of the
9 Pennsylvania National Guard or as members of any reserve
10 component of the armed forces of the United States, be
11 engaged in training or other military duty under orders
12 authorized by Federal or State law. All such officers and
13 employees shall, in addition, be entitled to unpaid leave of
14 absence from their respective duties without loss of
15 seniority or efficiency rating on all days in excess of 15
16 days per year during which they shall be engaged in training
17 or other military duty under orders authorized by Federal or
18 State law up to the maximum cumulative period authorized by
19 38 U.S.C. Ch. 43 (relating to employment and reemployment
20 rights of members of the uniformed services).
21 (2) All officers and employees of the Commonwealth or
22 its instrumentalities who are members of the Pennsylvania
23 National Guard shall be entitled to leave of absence from
24 their respective duties without loss of pay, time or
25 efficiency rating on all days during which they shall, as
26 members of the Pennsylvania National Guard, be engaged in
27 active State duty. All such officers and employees shall, in
28 addition, be entitled to leave of absence from their
29 respective duties without loss of pay, time or efficiency
30 rating on all days not exceeding 15 days in any one year
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1 during which they shall, as members of the Pennsylvania
2 National Guard or as members of any reserve component of the
3 armed forces of the United States, be engaged in training or
4 other military duty under orders authorized by Federal or
5 State law. In addition, when such officers and employees
6 shall be ordered to active duty under 10 U.S.C. § 12301
7 (relating to Reserve components generally), 12302 (relating
8 to Ready Reserve) or 12304 (relating to Selected Reserve and
9 certain Individual Ready Reserve members; order to active
10 duty other than during war or national emergency), other than
11 active duty for training, for a period of 30 or more
12 consecutive days, they shall be entitled to up to 15 days of
13 additional military leave of absence in any one year without
14 loss of pay, time and efficiency rating. All such officers
15 and employees shall, in addition, be entitled to unpaid leave
16 of absence from their respective duties without loss of
17 seniority or efficiency rating on all days in excess of 30
18 days per year during which they shall be engaged in training
19 or other military duty under orders authorized by Federal or
20 State law up to the maximum cumulative period authorized by
21 38 U.S.C. Ch. 43.
22 (3) In addition to the paid military leave described in
23 paragraph (2), officers and employees of the Commonwealth and
24 its instrumentalities who are members of the Pennsylvania
25 National Guard or reserve component units who are required as
26 a condition of membership in such unit to perform additional
27 active duty, active duty for training or inactive duty
28 training as a result of a unit conversion or transformation,
29 shall be entitled to up to five days of additional military
30 leave of absence in any one year without loss of pay, time or
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1 efficiency rating for days when they are performing such
2 military duty and an appropriate unit officer, commander or
3 designee, certifies that such duty is required to meet
4 conversion/transformation requirements. No officer or
5 employee of the Commonwealth shall be eligible for additional
6 paid military leave under this paragraph for more than three
7 years.
8 (b) Discretionary.--The Commonwealth, its instrumentalities
9 and political subdivisions thereof and their instrumentalities
10 shall be authorized and permitted to provide paid military leave
11 or other compensation and/or continue medical and other benefits
12 to members of the Pennsylvania National Guard and other reserve
13 components of the United States Armed Forces for days in excess
14 of those provided in subsection (a) when the member shall be
15 engaged in training or other military duty under orders
16 authorized by Federal or State law.
17 Section 2. This act shall take effect immediately.
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