Bill Text: PA HB88 | 2013-2014 | Regular Session | Amended
Bill Title: In rights and immunities, further providing for leaves of absence for certain government employees.
Spectrum: Slight Partisan Bill (Republican 22-8)
Status: (Passed) 2013-11-01 - Act No. 80 [HB88 Detail]
Download: Pennsylvania-2013-HB88-Amended.html
PRIOR PRINTER'S NO. 66 | PRINTER'S NO. 529 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 88 | Session of 2013 |
INTRODUCED BY MILLER, GINGRICH, AUMENT, M. K. KELLER, HESS, SWANGER, FLECK, HENNESSEY, QUINN, McGEEHAN, TALLMAN, KORTZ, PICKETT, BIZZARRO, COHEN, READSHAW, DAVIDSON, ROCK, EVANKOVICH, GROVE, MURT, DENLINGER, OBERLANDER, FARRY, EVERETT, GILLEN, MATZIE, GABLER AND CALTAGIRONE, JANUARY 10, 2013
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, FEBRUARY 4, 2013
AN ACT
1Amending Title 51 (Military Affairs) of the Pennsylvania
2Consolidated Statutes, in rights and immunities, further
3providing for leaves of absence for certain government
4employees.
5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:
7Section 1. Section 4102 of Title 51 of the Pennsylvania
8Consolidated Statutes is amended to read:
9§ 4102. Leaves of absence for certain government employees.
10(a) Mandatory.--
11[(1) All officers and employees of a political
12subdivision, or its instrumentalities, who are members of the
13Pennsylvania National Guard, shall be entitled to leave of
14absence from their respective duties without loss of pay,
15time or efficiency rating on all days during which they
16shall, as members of the Pennsylvania National Guard, be
1engaged in active State duty. All such officers and employees
2shall, in addition, be entitled to leave of absence from
3their respective duties without loss of pay, time or
4efficiency rating on all days not exceeding 15 days in any
5one year during which they shall, as members of the
6Pennsylvania National Guard or as members of any reserve
7component of the armed forces of the United States, be
8engaged in training or other military duty under orders
9authorized by Federal or State law. All such officers and
10employees shall, in addition, be entitled to unpaid leave of
11absence from their respective duties without loss of
12seniority or efficiency rating on all days in excess of 15
13days per year during which they shall be engaged in training
14or other military duty under orders authorized by Federal or
15State law up to the maximum cumulative period authorized by
1638 U.S.C. Ch. 43 (relating to employment and reemployment
17rights of members of the uniformed services).
18(2) All officers and employees of the Commonwealth or
19its instrumentalities who are members of the Pennsylvania
20National Guard shall be entitled to leave of absence from
21their respective duties without loss of pay, time or
22efficiency rating on all days during which they shall, as
23members of the Pennsylvania National Guard, be engaged in
24active State duty. All such officers and employees shall, in
25addition, be entitled to leave of absence from their
26respective duties without loss of pay, time or efficiency
27rating on all days not exceeding 15 days in any one year
28during which they shall, as members of the Pennsylvania
29National Guard or as members of any reserve component of the
30armed forces of the United States, be engaged in training or
1other military duty under orders authorized by Federal or
2State law. In addition, when such officers and employees
3shall be ordered, involuntarily or under a Contingency
4Operations Temporary Tour of Active Duty (COTTAD) agreement
5or voluntarily to serve in a combat zone or in response to a
6domestic emergency, to active duty, other than active duty
7for training, for a period of 30 or more consecutive days and
8assigned to duties away from home station and when such duty
9is ordered under 10 U.S.C. § 12301 (relating to Reserve
10components generally), 12302 (relating to Ready Reserve) or
1112304 (relating to Selected Reserve and certain Individual
12Ready Reserve members; order to active duty other than during
13war or national emergency) or 32 U.S.C. § 502(f) (relating to
14required drills and field exercises), they shall be entitled
15to up to 15 days of additional military leave of absence in
16any one year without loss of pay, time and efficiency rating.
17All such officers and employees shall, in addition, be
18entitled to unpaid leave of absence from their respective
19duties without loss of seniority or efficiency rating on all
20days in excess of 30 days per year during which they shall be
21engaged in training or other military duty under orders
22authorized by Federal or State law up to the maximum
23cumulative period authorized by 38 U.S.C. Ch. 43.]
24(1) The following shall apply to paid military leaves of
25absence:
26(i) All officers and employees of the Commonwealth,
27its political subdivisions or their instrumentalities
28shall be entitled to paid military leaves of absence from
29their respective duties without loss of pay or efficiency
30rating, and without being required to use annual vacation
1time, as follows:
2(A) On all days during which they shall, as
3members of the Pennsylvania National Guard, be
4engaged in active State duty under section 508
5(relating to active duty for emergency).
6(B) On all days not exceeding 15 consecutive or
7nonconsecutive days in any one <-calendar year during
8which they shall, as members of the Pennsylvania
9National Guard or as members of any reserve component
10of the armed forces of the United States, be engaged
11in training or other military duty under orders
12authorized by Federal or State law.
13(ii) All officers and employees of the Commonwealth
14or its instrumentalities, except for officers and
15employees of political subdivisions and their
16instrumentalities, shall be entitled to up to 15 days of
17paid military leave in addition to the leave under
18subparagraph (i) in any one <-calendar year if the officers
19and employees are ordered to active duty, other than
20active duty for training, and all of the following apply:
21(A) The duty is ordered for a period of at least
2230 consecutive days.
23(B) The duty is involuntary or is performed in a
24zone of combat, in response to a domestic emergency
25or pursuant to a contingency operations service
26agreement.
27(C) The duty is performed while the member is
28deployed at least 50 miles away from both the
29member's home duty station and place of residence.
30(D) The duty is ordered under 10 U.S.C. § 12301
1(relating to Reserve components generally), 12302
2(relating to Ready Reserve) or 12304 (relating to
3Selected Reserve and certain Individual Ready Reserve
4members; order to active duty other than during war
5or national emergency) or 32 U.S.C. § 502(f)
6(relating to required drills and field exercises).
7(2) All officers and employees of the Commonwealth, a
8political subdivision, or their instrumentalities shall, in
9addition to the leave provided under this subsection, be
10entitled to unpaid military leave of absence, up to the
11maximum cumulative period authorized by 38 U.S.C. Ch. 43
12(relating to employment and reemployment rights of members of
13the uniformed services), from their respective duties without
14loss of seniority or efficiency rating and without being
15required to use annual vacation time on all days during
16which:
17(i) they are engaged in training or other military
18duty under orders authorized by Federal or State law; and
19(ii) they are not on paid military leave of absence.
20(b) Discretionary leave.--The Commonwealth, its
21instrumentalities and political subdivisions [thereof] and their
22instrumentalities shall be authorized and permitted to provide
23paid military leave or other compensation and/or continue
24medical and other benefits to members of the Pennsylvania
25National Guard and other reserve components of the United States
26Armed Forces for days in excess of those provided in subsection
27(a) when the member shall be engaged in training or other
28military duty under orders authorized by Federal or State law.
<-29(c) Return from leave.--
30(1) All officers and employees of the Commonwealth, its
1political subdivisions or their instrumentalities shall not
2be required to report back to the employer earlier than
3either of the following:
4(i) The beginning of the first full regularly
5scheduled work period on the first full calendar day
6following the completion of the period of military
7service.
8(ii) The expiration of eight hours after a period
9allowing for safe transportation from the place of that
10service to the employee's residence.
11(2) An officer or employee may voluntarily choose to
12return to duty within the period of time under paragraph (1).
13(d) Calculation of leave.--
14(1) Military leaves of absence shall be calculated or
15allotted in whole work days. Military leaves of absence may
16not be calculated or allotted on an hour-by-hour basis.
<-17(c) Calculation of leave.--
18(1) An employee who is on paid or unpaid military leave
19for a period encompassing one entire calendar day shall be
20charged with one day's military leave on each workday
21notwithstanding the number of hours encompassed in the
22employee's workday. An employee on paid military leave shall
23be paid for the leave based on the compensation due for the
24leave period.
25(2) An employee who is on paid or unpaid military leave
26of absence for a shift that extends into two consecutive
27calendar days shall be charged with only one day of military
28leave if the employee returns to work for the next regular
29shift.
<-30(3) As used in this subsection, the term "day" shall
1mean a calendar day of 24 hours' duration.
2Section 2. This act shall take effect immediately.
