Pennsylvania Act 2006-150 — MILITARY AND VETERANS CODE (51 PA.C.S.) - LEAVES OF ABSENCE

Act text

MILITARY AND VETERANS CODE (51 PA.C.S.) - LEAVES OF ABSENCE
                 Act of Nov. 9, 2006, P.L. 1383, No. 150              Cl. 51
                             Session of 2006
                               No. 2006-150

     SB 1266

                                  AN ACT

     Amending Title 51 (Military Affairs) of the Pennsylvania
        Consolidated Statutes, further providing for certain leaves
        of absence.

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

        Section 1.  Section 4102(a) of Title 51 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 4102.  Leaves of absence for certain government employees.
        (a)  Mandatory.--
            (1)  All officers and employees of a political
        subdivision, or its instrumentalities, who are members of the
        Pennsylvania National Guard, shall be entitled to leave of
        absence from their respective duties without loss of pay,
        time or efficiency rating on all days during which they
        shall, as members of the Pennsylvania National Guard, be
        engaged in active State duty. All such officers and employees
        shall, in addition, be entitled to leave of absence from
        their respective duties without loss of pay, time or
        efficiency rating on all days not exceeding 15 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. All such officers and
        employees shall, in addition, be entitled to unpaid leave of
        absence from their respective duties without loss of
        seniority or efficiency rating on all days in excess of 15
        days per year during which they shall be engaged in training
        or other military duty under orders authorized by Federal or
        State law 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).
            (2)  All officers and employees of the Commonwealth or
        its instrumentalities who are members of the Pennsylvania
        National Guard shall be entitled to leave of absence from
        their respective duties without loss of pay, time or
        efficiency rating on all days during which they shall, as
        members of the Pennsylvania National Guard, be engaged in
        active State duty. All such officers and employees shall, in
        addition, be entitled to leave of absence from their
        respective duties without loss of pay, time or efficiency
        rating on all days not exceeding 15 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. In addition, when such officers and employees
        shall be ordered, involuntarily or under a Contingency
        Operations Temporary Tour of Active Duty (COTTAD) agreement
        or voluntarily to serve in a combat zone or in response to a
        domestic emergency, to active duty, other than active duty
        for training, for a period of 30 or more consecutive days and
        assigned to duties away from home station and when such 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) [, other than active duty for
        training, for a period of 30 or more consecutive days,] or 32
        U.S.C. § 502(f) (relating to required drills and field
        exercises), they shall be entitled to up to 15 days of
        additional military leave of absence in any one year without
        loss of pay, time and efficiency rating. All such officers
        and employees shall, in addition, be entitled to unpaid leave
        of absence from their respective duties without loss of
        seniority or efficiency rating on all days in excess of 30
        days per year during which they shall be engaged in training
        or other military duty under orders authorized by Federal or
        State law up to the maximum cumulative period authorized by
        38 U.S.C. Ch. 43.
        * * *
        Section 2.  This act shall be retroactive to January 1, 2005,
     for officers and employees who did not qualify under 51 Pa.C.S.
     § 4102(a)(2), as amended by the act of November 1, 2005
     (P.L.327, No.62), entitled "An act amending Title 51 (Military
     Affairs) of the Pennsylvania Consolidated Statutes, further
     providing for leaves of absence for certain government
     employees; and making a repeal relating to military leaves of
     absence," and shall apply prospectively for all other officers
     and employees.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 9th day of November, A. D. 2006.

     EDWARD G. RENDELL