SENATE AMENDED
PRIOR PRINTER'S NOS. 1228, 1867, 2683 PRINTER'S NO. 2762
No. 1069 Session of 2005
INTRODUCED BY BELFANTI, VEON, DeWEESE, ARMSTRONG, BARRAR, BEBKO-
JONES, BELARDI, YOUNGBLOOD, BIANCUCCI, BISHOP, BLACKWELL,
BLAUM, BUNT, CALTAGIRONE, COHEN, CURRY, DeLUCA, EACHUS,
FRANKEL, GEIST, GERGELY, GOODMAN, GRUITZA, HARHAI, JAMES,
KENNEY, LEDERER, YEWCIC, McCALL, MELIO, PALLONE, PISTELLA,
RAMALEY, READSHAW, BROWNE, BUXTON, CAPPELLI, COSTA, DALEY,
DERMODY, FABRIZIO, FREEMAN, GEORGE, GINGRICH, GRUCELA, HANNA,
HASAY, JOSEPHS, KOTIK, LEVDANSKY, MARKOSEK, McGEEHAN, MUNDY,
PHILLIPS, PRESTON, RAYMOND, ROONEY, WASHINGTON, SCAVELLO,
SHAPIRO, STABACK, STURLA, YUDICHAK, THOMAS, WALKO, SAYLOR,
SHANER, SOLOBAY, STETLER, SURRA, E. Z. TAYLOR, WANSACZ,
WOJNAROSKI, SAINATO, CIVERA, MUSTIO, TRUE, MARSICO, BOYD,
ZUG, KAUFFMAN, FEESE, HUTCHINSON, REICHLEY, MAJOR, NICKOL,
BALDWIN, PAYNE, S. MILLER, HICKERNELL, RUBLEY, WRIGHT,
BASTIAN, HABAY, GERBER AND ALLEN, MARCH 23, 2005
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, SEPTEMBER 28, 2005
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; and making a repeal
4 relating to military leaves of absence.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 4102 of Title 51 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 4102. Leaves of absence for certain government employees.
10 (a) Mandatory.--
11 (1) All officers and employees of [the Commonwealth, or
1 its instrumentalities, or any] a political subdivision
2 [thereof], or its instrumentalities, who are members of the
3 Pennsylvania National Guard, shall be entitled to leave of
4 absence from their respective duties without loss of pay,
5 time or efficiency rating on all days during which they
6 shall, as members of the Pennsylvania National Guard, be
7 engaged in active State duty. All such officers and employees
8 shall, in addition, be entitled to leave of absence from
9 their respective duties without loss of pay, time or
10 efficiency rating on all days not exceeding 15 days in any
11 one year during which they shall, as members of the
12 Pennsylvania National Guard or as members of any reserve
13 component of the armed forces of the United States, be
14 engaged in training or other military duty under orders
15 authorized by Federal or State law. All such officers and
16 employees shall, in addition, be entitled to unpaid leave of
17 absence from their respective duties without loss of
18 seniority or efficiency rating on all days in excess of 15
19 days per year during which they shall be engaged in training
20 or other military duty under orders authorized by Federal or
21 State law UP TO THE MAXIMUM CUMULATIVE PERIOD AUTHORIZED BY <--
22 38 U.S.C. CH. 43 (RELATING TO EMPLOYMENT AND REEMPLOYMENT
23 RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES).
24 (2) All officers and employees of the Commonwealth or
25 its instrumentalities who are members of the Pennsylvania
26 National Guard shall be entitled to leave of absence from
27 their respective duties without loss of pay, time or
28 efficiency rating on all days during which they shall, as
29 members of the Pennsylvania National Guard, be engaged in
30 active State duty. All such officers and employees shall, in
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1 addition, be entitled to leave of absence from their
2 respective duties without loss of pay, time or efficiency
3 rating on all days not exceeding 15 days in any ONE year <--
4 during which they shall, as members of the Pennsylvania
5 National Guard or as members of any reserve component of the
6 armed forces of the United States, be engaged in training or
7 other military duty under orders authorized by Federal or
8 State law. In addition, when such officers and employees
9 shall be ordered to active duty UNDER 10 U.S.C. § 12301 <--
10 (RELATING TO RESERVE COMPONENTS GENERALLY), 12302 (RELATING
11 TO READY RESERVE) OR 12304 (RELATING TO SELECTED RESERVE AND
12 CERTAIN INDIVIDUAL READY RESERVE MEMBERS; ORDER TO ACTIVE
13 DUTY OTHER THAN DURING WAR OR NATIONAL EMERGENCY), other than
14 active duty for training, for a period of 30 or more
15 consecutive days, they shall be entitled to up to 15 days of
16 additional military leave of absence in any one year without
17 loss of pay, time and efficiency rating. All such officers
18 and employees shall, in addition, be entitled to unpaid leave
19 of absence from their respective duties without loss of
20 seniority or efficiency rating on all days in excess of 30
21 days per year during which they shall be engaged in training
22 or other military duty under orders authorized by Federal or
23 State law UP TO THE MAXIMUM CUMULATIVE PERIOD AUTHORIZED BY <--
24 38 U.S.C. CH. 43.
25 (b) Discretionary.--The Commonwealth, its instrumentalities
26 and political subdivisions thereof and their instrumentalities
27 shall be authorized and permitted to provide paid military leave
28 or other compensation and/or continue medical and other benefits
29 to members of the Pennsylvania National Guard and other reserve
30 components of the United States Armed Forces for days in excess
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1 of [15 per year] those provided in subsection (a) when the
2 member shall be engaged in training or other military duty under
3 orders authorized by Federal or State law.
4 Section 2. Section 1 of the THE act of July 12, 1935 <--
5 (P.L.677, No.255), entitled "An act to fix the status of
6 officers and employes of the Commonwealth and political
7 subdivisions thereof while in training with the armed forces of
8 the United States," is repealed.
9 Section 3. This act shall take effect in 60 days. <--
10 SECTION 3. THIS ACT SHALL BE RETROACTIVE TO JANUARY 1, 2005. <--
11 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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