St40 PENNSYLVANIA MILITARY LEAVE PROVISIONS (Updated August 2010 - no changes to law)

For employees of political subdivisions of the Commonwealth of Pennsylvania (counties, cities, school districts, etc.):

Officers and employees of political subdivisions of the Commonwealth who are members of the Pennsylvania National Guard are entitled to paid military leave, without limitation, for all days when they are absent from their jobs for active State duty. Pennsylvania Consolidated Statutes (PCS), Title 51, section 4102(a)(1) [51 PCS 4102(a)(1)]

Officers and employees of political subdivisions who are members of Reserve Components of the Armed Forces (including but not limited to the Pennsylvania Army and Air National Guard) are entitled to 15 days per year of paid military leave for Federal military training or service. 51 PCS 4102(a)(1).

This section is not clear as to the meaning of “15 days.” Does that mean 15 work days? Do weekends and holidays count in exhausting the 15-day entitlement?

Section 4102(a)(1) also makes clear that the employee has the right to unpaid leave for military training or service, subject only to the limits imposed by the Federal Uniformed Services Employment and Reemployment Rights Act (USERRA). 51 PCS 4102(a)(1).

Note: The right to unpaid leave under the Federal law applies, regardless of what state law provides, because under the Supremacy Clause of the United States Constitution Federal law trumps conflicting state law. But in this case the wording of the state law is such that there is not even an apparent conflict.

In addition to the right to 15 days of paid military leave, under section 4102(a)(1), the political subdivision may, in its discretion, grant additional paid military leave to employees of the subdivision who are members of Reserve Components of the Armed Forces. 51 PCS 4102(b).

For employees of the Commonwealth of Pennsylvania and its instrumentalities

Officers and employees of the Commonwealth and its instrumentalities (like state universities) are entitled to paid military leave, without limitation, for all days when they are away from their civilian jobs for active State duty. 51 PCS 4102(a)(2).

Officers and employees of political subdivisions who are members of Reserve Components of the Armed Forces (including but not limited to the Pennsylvania Army and Air National Guard) are entitled to 15 days per year of paid military leave for Federal military training or service. 51 PCS 4102(a)(2).

This section is not clear as to the meaning of “15 days.” Does that mean 15 work days? Do weekends and holidays count in exhausting the 15-day entitlement?

Section 4102(a)(1) also makes clear that the employee has the right to unpaid leave for military training or service, subject only to the five-year limit imposed by the Federal Uniformed Services Employment and Reemployment Rights Act (USERRA). 51 PCS 4102(a)(2).

Note: The right to unpaid leave under the Federal law applies, regardless of what state law provides, because under the Supremacy Clause of the United States Constitution Federal law trumps conflicting state law. But in this case the wording of the state law is such that there is not even an apparent conflict.

If an employee of the Commonwealth of Pennsylvania or one of its instrumentalities is involuntarily called to active duty for emergency service, he or she shall receive an additional 15 days of paid military leave for that service. 51 PCS 4102(a)(2).

Moreover, the Commonwealth of Pennsylvania is authorized but not required to grant to Commonwealth employees additional periods of paid military leave. 51 PCS 4102(a)(2).

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