PRINTER'S NO. 2958
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2089
Session of
2019
INTRODUCED BY MULLINS, KENYATTA, MOUL, SCHLOSSBERG, McNEILL,
FREEMAN, KOSIEROWSKI, ULLMAN, HILL-EVANS, MURT, DEASY,
READSHAW, MALAGARI, NEILSON, GALLOWAY AND SAINATO,
NOVEMBER 22, 2019
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, NOVEMBER 22, 2019
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, providing for leaves of absence, for
anti-retaliation protection for military spouses and for
employment protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 51 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 43
MILITARY SPOUSE LEAVE AND
EMPLOYMENT PROTECTION ACT
Sec.
4301. Definitions.
4302. Leaves of absence for military spouses.
4303. Anti-retaliation protection.
4304. Employment protection.
4305. Right of employer to provide additional leave.
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§ 4301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Employee." An individual who performs service for hire for
an employer for an average of 20 or more hours per week,
including all individuals employed at any site owned or operated
by an employer. The term does not include an independent
contractor.
"Employer." A person, including the Commonwealth, a public
authority or other governmental subdivision of any kind, that
employs 20 or more employees at at least one site.
"Period of military conflict." A period of war declared by
the Congress of the United States or in which a member of a
reserve component of the armed forces is ordered to active duty
under 10 U.S.C. §§ 12301 (relating to reserve components
generally) and 12302 (relating to ready reserve).
§ 4302. Leaves of absence for military spouses.
An employee whose spouse is a member of the armed forces of
the United States, National Guard or reserve component shall be
allowed a leave of absence by the employee's employer as
follows:
(1) No more than 14 days per year of paid leave:
(i) when the spouse of the employee has been
deployed during a period of military conflict to a combat
theater or combat zone of operations; or
(ii) during a time of emergency or natural disaster
declared by the President or the Governor.
(2) No more than 14 days per year of unpaid leave when
the spouse of the employee has been deployed for training
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purposes.
§ 4303. Anti-retaliation protection.
An employer may not retaliate against an employee for
requesting or obtaining a leave of absence as provided under
section 4302 (relating to leaves of absence for military
spouses).
§ 4304. Employment protection.
An employer shall maintain the employment of an employee
while on a leave of absence under section 4302 (relating to
leaves of absence for military spouses), including the
employee's position, title and benefits accrued at the time the
leave is taken.
§ 4305. Right of employer to provide additional leave.
The provisions of this act shall not affect or prevent an
employer from providing leave for employees in addition to the
leave provided under this act. The provisions of this act shall
not affect an employee's rights with respect to any other
employee benefit provided under law.
Section 2. This act shall take effect in 60 days.
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