Military and Emergency Services Leave Law Summaries
Pennsylvania, Military and Emergency Services Leave Law Summaries
Pennsylvania's military leave law is codified in the Pennsylvania Consolidated Statutes at Title 51, Part II, Subpart D, Chapter 41; Title 51, Part V, Chapter 73; and in the Pennsylvania Statutes at Title 65, Chapter 5; and at Title 71, Chapter 4, Article VI. The full text of the law is available beginning at Wages-Hours ¶39-58,002 .
DEFINITIONS
The following definitions apply to Chapter 73 and have the meanings herein stated unless the context clearly indicates otherwise:
“Employee” means any appointed officer or employee regularly employed by the Commonwealth, in its civil service or otherwise, or by any department, board, bureau, commission, authority, agency or office thereof, or by any political subdivision or local authority of the Commonwealth, but does not mean any employee of any school district or vocational school district (Sec. 7301).
“Active military service” means active service in any of the armed services or forces of the United States or of this Commonwealth (Sec. 7301).
“Reserve component of the armed forces” refers to the United States Army Reserve, United States Navy Reserve, United States Marine Corps Reserve, United States Coast Guard Reserve, United States Air Force Reserve, Pennsylvania National Guard and Pennsylvania Air National Guard (Sec. 7301).
“Be drafted” means to be drafted or ordered into active military service if a member of a reserve component of the armed forces, or in any way to enter involuntarily, or remain in active military service, or to enter voluntarily into active military service for such period as is necessary to satisfy one's draft obligation (Sec. 7301).
“Enlist” means to enlist, enroll, reenlist, or in any way voluntarily enter or remain in active military service (Sec. 7301).
COVERAGE
Both private and public employers are covered under Pennsylvania's military leave law.
WHAT THE EMPLOYER MUST DO
Military leave
Automatic leave: Enlistment or draft; active service.- Whenever any employee, in time of war or armed conflict, or emergency proclaimed by the Governor or by the President of the United States, enlists or is drafted into the active military service of the United States, the employee must automatically be granted a military leave of absence. So long as an employee is on military leave of absence, the employee cannot be removed from employment and the employee's duties are to be performed either by other employees or by a temporary substitute. The employee is not entitled to receive any remuneration from the civilian employer during such time (Sec. 7302).
Ordered active duty; national guard or reserves.- Whenever any employee who is a member of a reserve component of the armed forces is called or ordered to active duty by the United States and whenever any employee who is a member of the Pennsylvania National Guard is ordered to active state duty or special state duty by the Governor or a designee, the employee must automatically be granted a military leave of absence (Sec. 7302).
Length of leave: Reserves.- Every military leave of absence granted to an employee called or ordered to military duty as a member of a reserve component of the armed forces of the United States expires 90 days after the expiration of the period of the military duty (Sec. 7303).
National Guard.- Every military leave of absence granted to an employee ordered to active State duty or special state duty as a member of the Pennsylvania National Guard expires 30 days after the expiration of the period of state duty (Sec. 7303).
Discrimination.- It is unlawful for the Commonwealth or any of its departments, boards, commissions, agencies or any political subdivision, or for any private employer, to refuse to hire or employ any individual not on extended active duty because of membership in the National Guard or any one of the other reserve components of the armed forces of the United States, or because the employee is called or ordered to active state duty or special state duty by the Governor during an emergency or as otherwise authorized by law, or because the employee is called or ordered to active duty by the federal government under federal law, or to discharge from employment such individual, or to otherwise discriminate against such individual with respect to compensation, hire, tenure, terms, conditions or privileges of employment because of such membership, or because the employee is called or ordered to active state duty by the Governor during an emergency or because the employee is called or ordered to other military duty authorized by law (Sec. 7309).
Reemployment.- Every employee has the right to return to employment at any time prior to the expiration of the military leave of absence upon notifying the employer of the employee's desire and availability to return (Sec. 7304).
Upon completion of emergency or other military duty, any such member of the Pennsylvania National Guard or any other reserve component of the armed forces of the United States must be restored by such public or private employer or the employer's successor in interest to such position or to a position of like seniority, status and pay that the member held prior to such emergency or other military duty. If any such member is not qualified to perform the duties of such position by reason of disability sustained during such emergency or other military duty, but is qualified to perform the duties of any other position in the employ of such private employer or a successor in interest, such member must be restored to such other position, the duties of which the employee is qualified to perform, as will provide the employee with like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances of the case, unless such public or private employer's or the successor in interest's circumstances have so changed as to make it impossible or unreasonable to do so (Sec. 7309).
Benefits.- Whenever a member of the Pennsylvania National Guard is called or ordered into active Federal service or active State duty under orders authorized by law or a member of any reserve component is called or ordered onto active duty, other than active duty for training, the public or private employer of the member must, at no cost to the member, continue health insurance and other benefits in effect for at least the first 30 days of the military duty. After expiration of the first 30 days, the public or private employer must give the member of the National Guard or other reserve component the voluntary option of continuing such health insurance and other benefits in effect at the employee's own expense by paying for the insurance or benefits at the same rates paid by the employer, and the insurance coverage must continue, except for injuries incurred in the line of military duty (Sec. 7309).
Seniority.- Every employee returning to employment at the time of or prior to the expiration of military leave must be restored in such a manner as to give the employee the same status in employment as if the employee had remained in such employment continuously from the time of entry into the armed forces until the time of reemployment (Sec. 7305).
Public employers.-Length of leave for Pennsylvania National Guard.- All officers and employees of a political subdivision, or its instrumentalities, who are members of the Pennsylvania National Guard, are entitled to a leave of absence from their respective duties without loss of pay, time or efficiency rating on all days during which they are engaged in active duty with the state national guard. In addition, all such officers and employees are entitled to a 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. Further, all such officers and employees are entitled to an 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 are engaged in training or other military duty under orders authorized by federal or state law up to the maximum cumulative period authorized by 38 USC Ch. 43 (relating to employment and reemployment rights of members of the uniformed services (Sec. 4102(a)(1), as amended by Act 2005-62 (H. 1069), L. 2005).
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 USC Sec. 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 USC Sec. 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 USC Ch. 43 (Sec. 4102(a)(2), as amended by Act 2006-150 (S. 1266), L. 2005, enacted November 9, 2006, effective January 8, 2007 (but note that Act 2006-150 shall be retroactive to January 1, 2005, for officers and employees who did not qualify under Sec. 4102(a)(2) as amended by Act 2005-62 (H. 1069), L. 2005, and shall apply prospectively for all other officers and employees)).
Length of leave for federal reserves.- All officers and employees of the Commonwealth or its instrumentalities, or any political subdivision thereof, or its instrumentalities, who are members, either enlisted or commissioned, of any reserve component of the United States Army, Navy, Marine Corps, Air Force, or Coast Guard, are entitled to a leave of absence from their respective duties without loss of pay, time, or efficiency rating on all days not exceeding 15 in any one year during which they are engaged in the active service of the United States or in field training ordered or authorized by the federal forces (Sec. 114).
Pay and benefits.- The Commonwealth, its instrumentalities and political subdivisions thereof and their instrumentalities are authorized and permitted to provide paid military leave or other compensation and/or to 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 Sec. 4102(a) above when the member is engaged in training or other military duty under orders authorized by federal or state law (Sec. 4102(b), as amended by Act 2005-62 (H. 1069), L. 2005).
Classified employees and substitutes.- Whenever an employee in the classified service is granted military leave, the vacated position is to be filled only by substitute appointment or promotion, and the employee so appointed or promoted must vacate the position upon return of the employee from military leave. Any such substitute employee, when required to vacate such position upon the return of the regular employee, has the right to return to the substitute's previous civil service position and status.
Such substitute appointments or promotions are to be made from lists certified by the State Civil Service Commission (Sec. 741.602a).
September 2001 terrorist attacks.- Pennsylvania is providing special benefits to permanent state employees called up for active military duty as a result of the September 11, 2001, terrorist attacks. The special benefits apply to state employees called to federal active duty on or after September 11, 2001, in either the National Guard or another reserve component of Armed Forces of the United States. They also apply to state employees who were called up before September 11, 2001, but whose orders have been extended beyond their original termination date. The special benefits will continue until it is determined that the national emergency has ended. State employees called up to state active duty already were covered by this benefits provision. The special benefits include:
up to 15 additional days of paid military leave;
a stipend of $500 per month, paid upon return to active employment for the amount of time spent on military leave without pay;
the continuation of medical, hospital and supplemental health benefits, and group life insurance coverage; and
for employees who want to continue accruing retirement service credits by paying their share of the retirement contribution, the state will continue to make employer contributions.
On March 25, 2002, the state enhanced these special benefits so that the stipend will be paid monthly and not held until the service member returns to state employment.
NOTICE
Reemployment.- Every employee has the right to return to employment at any time prior to the expiration of the military leave of absence upon notifying the employer of the employee's desire and availability to return (Sec. 7304).
<p>Reemployment.— Every employee has the right to return to employment at any time prior to the expiration of the military leave of absence upon notifying the empl</p>
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