§4102. Leaves of absence for certain government employees.

(a) Mandatory.--

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

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

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

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

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

(A) The duty is ordered for a period of at least 30 consecutive days.

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

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

(D) The duty is ordered under 10 U.S.C. § 12301 (relating to Reserve components generally), 12302 (relating to Ready Reserve) or 12304 (relating to Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency) or 32 U.S.C. § 502(f) (relating to required drills and field exercises).

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

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

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

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

(c) Calculation of leave.--

(1) An employee who is on paid or unpaid military leave for a period encompassing one entire calendar day shall be charged with one day's military leave on each workday notwithstanding the number of hours encompassed in the employee's workday. An employee on paid military leave shall be paid for the leave based on the compensation due for the leave period.

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

(Dec. 17, 1990, P.L.700, No.174, eff. imd.; Nov. 1, 2005, P.L.327, No.62, eff. imd.; Nov. 9, 2006, P.L.1383, No.150, eff. 60 days; Nov. 1, 2013, P.L.667, No.80, eff. imd.)

Notation

2006 Amendment.  Section 2 of Act 150 provided that Act 150 shall be retroactive to January 1, 2005, for officers and employees who did not qualify under subsec. (a)(2) as amended by Act 62 of 2005 and shall apply prospectively for all other officers and employees.

2005 Amendment.  Section 3 of Act 62 provided that Act 62 shall be retroactive to January 1, 2005.

Cross References.  Section 4102 is referred to in sections 8102, 8302, 8506 of Title 24 (Education); sections 5102, 5302, 5902, 5906 of Title 71 (State Government).