Pennsylvania Act 2005-62 — MILITARY AND VETERANS CODE (51 PA.C.S.) - LEAVES OF ABSENCE FOR CERTAIN GOVERNMENT EMPLOYEES

Act text

MILITARY AND VETERANS CODE (51 PA.C.S.) - LEAVES OF ABSENCE FOR CERTAIN
                           GOVERNMENT EMPLOYEES
                  Act of Nov. 1, 2005, P.L. 327, No. 62               Cl. 51
                             Session of 2005
                               No. 2005-62

     HB 1069

                                  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.

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

        Section 1.  Section 4102 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 [the Commonwealth, or
        its instrumentalities, or any] a political subdivision
        [thereof], 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 to active duty 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, 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.
        (b)  Discretionary.--The Commonwealth, its instrumentalities
     and political subdivisions thereof 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 [15 per year] 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.
        Section 2.  The act of July 12, 1935 (P.L.677, No.255),
     entitled "An act to fix the status of officers and employes of
     the Commonwealth and political subdivisions thereof while in
     training with the armed forces of the United States," is
     repealed.
        Section 3.  This act shall be retroactive to January 1, 2005.
        Section 4.  This act shall take effect immediately.

     APPROVED--The 1st day of November, A. D. 2005.

     EDWARD G. RENDELL