AN ACT

 

1Amending Title 51 (Military Affairs) of the Pennsylvania
2Consolidated Statutes, in rights and immunities, further
3providing for leaves of absence for certain government
4employees.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1.  Section 4102 of Title 51 of the Pennsylvania 
8Consolidated Statutes 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
12subdivision, or its instrumentalities, who are members of the
13Pennsylvania National Guard, shall be entitled to leave of
14absence from their respective duties without loss of pay,
15time or efficiency rating on all days during which they
16shall, as members of the Pennsylvania National Guard, be
17engaged in active State duty. All such officers and employees

1shall, in addition, be entitled to leave of absence from
2their respective duties without loss of pay, time or
3efficiency rating on all days not exceeding 15 days in any
4one year during which they shall, as members of the
5Pennsylvania National Guard or as members of any reserve
6component of the armed forces of the United States, be
7engaged in training or other military duty under orders
8authorized by Federal or State law. All such officers and
9employees shall, in addition, be entitled to unpaid leave of
10absence from their respective duties without loss of
11seniority or efficiency rating on all days in excess of 15
12days per year during which they shall be engaged in training
13or other military duty under orders authorized by Federal or
14State law up to the maximum cumulative period authorized by
1538 U.S.C. Ch. 43 (relating to employment and reemployment
16rights of members of the uniformed services).

17(2)  All officers and employees of the Commonwealth or
18its instrumentalities who are members of the Pennsylvania
19National Guard shall be entitled to leave of absence from
20their respective duties without loss of pay, time or
21efficiency rating on all days during which they shall, as
22members of the Pennsylvania National Guard, be engaged in
23active State duty. All such officers and employees shall, in
24addition, be entitled to leave of absence from their
25respective duties without loss of pay, time or efficiency
26rating on all days not exceeding 15 days in any one year
27during which they shall, as members of the Pennsylvania
28National Guard or as members of any reserve component of the
29armed forces of the United States, be engaged in training or
30other military duty under orders authorized by Federal or

1State law. In addition, when such officers and employees
2shall be ordered, involuntarily or under a Contingency
3Operations Temporary Tour of Active Duty (COTTAD) agreement
4or voluntarily to serve in a combat zone or in response to a
5domestic emergency, to active duty, other than active duty
6for training, for a period of 30 or more consecutive days and
7assigned to duties away from home station and when such duty
8is ordered under 10 U.S.C. § 12301 (relating to Reserve
9components generally), 12302 (relating to Ready Reserve) or
1012304 (relating to Selected Reserve and certain Individual
11Ready Reserve members; order to active duty other than during
12war or national emergency) or 32 U.S.C. § 502(f) (relating to
13required drills and field exercises), they shall be entitled
14to up to 15 days of additional military leave of absence in
15any one year without loss of pay, time and efficiency rating.
16All such officers and employees shall, in addition, be
17entitled to unpaid leave of absence from their respective
18duties without loss of seniority or efficiency rating on all
19days in excess of 30 days per year during which they shall be
20engaged in training or other military duty under orders
21authorized by Federal or State law up to the maximum
22cumulative period authorized by 38 U.S.C. Ch. 43.]

23(1)  The following shall apply to paid military leaves of
24absence:

25(i)  All officers and employees of the Commonwealth,
26its political subdivisions or their instrumentalities
27shall be entitled to paid military leaves of absence from
28their respective duties without loss of pay or efficiency
29rating, and without being required to use annual vacation
30time, as follows:

1(A)  On all days during which they shall, as
2members of the Pennsylvania National Guard, be
3engaged in active State duty under section 508
4(relating to active duty for emergency).

5(B)  On all days not exceeding 15 consecutive or
6nonconsecutive days in any one calendar year during
7which they shall, as members of the Pennsylvania
8National Guard or as members of any reserve component
9of the armed forces of the United States, be engaged
10in training or other military duty under orders
11authorized by Federal or State law.

12(ii)  All officers and employees of the Commonwealth 
13or its instrumentalities, except for officers and 
14employees of political subdivisions and their 
15instrumentalities, shall be entitled to up to 15 days of
16paid military leave in addition to the leave under
17subparagraph (i) in any one calendar year if the officers
18and employees are ordered to active duty, other than
19active duty for training, and all of the following apply:

20(A)  The duty is ordered for a period of at least
2130 consecutive days.

22(B)  The duty is involuntary or is performed in a
23zone of combat, in response to a domestic emergency
24or pursuant to a contingency operations service
25agreement.

26(C)  The duty is performed while the member is
27deployed at least 50 miles away from both the
28member's home duty station and place of residence.

29(D)  The duty is ordered under 10 U.S.C. § 12301
30(relating to Reserve components generally), 12302

1(relating to Ready Reserve) or 12304 (relating to
2Selected Reserve and certain Individual Ready Reserve
3members; order to active duty other than during war
4or national emergency) or 32 U.S.C. § 502(f)
5(relating to required drills and field exercises).

6(2)  All officers and employees of the Commonwealth, a
7political subdivision, or their instrumentalities shall, in
8addition to the leave provided under this subsection, be
9entitled to unpaid military leave of absence, up to the
10maximum cumulative period authorized by 38 U.S.C. Ch. 43
11(relating to employment and reemployment rights of members of
12the uniformed services), from their respective duties without
13loss of seniority or efficiency rating and without being
14required to use annual vacation time on all days during
15which:

16(i)  they are engaged in training or other military
17duty under orders authorized by Federal or State law; and

18(ii)  they are not on paid military leave of absence.

19(b)  Discretionary leave.--The Commonwealth, its
20instrumentalities and political subdivisions [thereof] and their
21instrumentalities shall be authorized and permitted to provide
22paid military leave or other compensation and/or continue
23medical and other benefits to members of the Pennsylvania
24National Guard and other reserve components of the United States
25Armed Forces for days in excess of those provided in subsection
26(a) when the member shall be engaged in training or other
27military duty under orders authorized by Federal or State law.

28(c)  Return from leave.--

29(1)  All officers and employees of the Commonwealth, its
30political subdivisions or their instrumentalities shall not

1be required to report back to the employer earlier than
2either of the following:

3(i)  The beginning of the first full regularly
4scheduled work period on the first full calendar day
5following the completion of the period of military
6service.

7(ii)  The expiration of eight hours after a period
8allowing for safe transportation from the place of that
9service to the employee's residence.

10(2)  An officer or employee may voluntarily choose to
11return to duty within the period of time under paragraph (1).

12(d)  Calculation of leave.--

13(1)  Military leaves of absence shall be calculated or
14allotted in whole work days. Military leaves of absence may
15not be calculated or allotted on an hour-by-hour basis.

16(2)  An employee who is on paid or unpaid military leave
17of absence for a shift that extends into two consecutive
18calendar days shall be charged with only one day of military
19leave if the employee returns to work for the next regular
20shift.

21(3)  As used in this subsection, the term "day" shall
22mean a calendar day of 24 hours' duration.

23Section 2.  This act shall take effect immediately.