Bill Text: PA HB1669 | 2009-2010 | Regular Session | Introduced

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Bill Title: In duties and powers of boards of school directors, providing for assault leave of absence.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2009-06-12 - Referred to EDUCATION [HB1669 Detail]

Download: Pennsylvania-2009-HB1669-Introduced.html

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PRINTER'S NO. 2110
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1669 Session of2009
INTRODUCED BY HANNA, GRUCELA, MAHONEY, READSHAW, STABACK AND YOUNGBLOOD, JUNE 12, 2009
REFERRED TO COMMITTEE ON EDUCATION, JUNE 12, 2009
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in duties and powers of boards of
school directors, providing for assault leave of absence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 538. Assault Leaves of Absence.--(a) In addition to
any other leave of absence provided by this act or by the school
district, an employe of a school district who is physically
assaulted during the performance of the employe's regular duties
is entitled to one year of leave.
(b) At the request of an employe, the school district must
immediately assign an employe to assault leave and, on
investigation of the claim, may change the assault leave status
and charge the leave against the employe's accrued personal
leave or against an employe's pay if insufficient accrued
personal leave is available.
(c) Days of leave taken under this subsection may not be
deducted from accrued personal leave.
(d) Notwithstanding any other law, assault leave policy
benefits due to an employe shall be coordinated with benefits
due from workers' compensation so that the employe's total
compensation from the benefits and assault leave policy benefits
equals one hundred (100) per centum of the employe's weekly rate
of pay.
(e) (1) An employe, while on an assault leave of absence,
shall be considered to be in regular full-time daily attendance
in the position from which the leave was taken, during the
period of the leave, for the purpose of determining the
employe's length of service and the right to receive increments,
as provided by law.
(2) An employe on assault leave of absence shall continue
his membership in the Public School Employees' Retirement
System. The school district shall pay into the Public School
Employees' Retirement Fund on behalf of the employe, in addition
to the contributions required by law to be made by it, the full
amount of the contribution required by law to be paid by the
employe, as though the employe were actually in regular full-
time daily attendance in the position from which the leave was
taken, so that the employe's retirement rights shall be in no
way affected by the leave. The amount of the contribution
required to be paid by the employe shall be deducted from any
compensation payable to the employe while on the leave.
(f) For purposes of this section, an employe of a school
district is physically assaulted if the person engaging in the
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conduct caused injury to the employe and the person:
(1) may be prosecuted for assault; or
(2) may not be prosecuted for assault only because the
person's age or mental capacity makes the person not responsible
for purposes of criminal liability.
Section 2. The addition of section 538 of the act shall
apply to employees assaulted on or after the effective date of
this section.
Section 3. This act shall take effect in 60 days.
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