Header:
PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 51. MILITARY AFFAIRS
PART II. PENNSYLVANIA NATIONAL GUARD, PENNSYLVANIA GUARD AND MILITIA
SUBPART D. RIGHTS AND IMMUNITIES
CHAPTER 41. RIGHTS AND IMMUNITIES
Date:
08/31/2009
Document:
§ 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) 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.
(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 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.
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