Military leave - Pennsylvania

Summary of differences between federal and state regulations

The Uniformed Services Employment and Reemployment Rights Act (USERRA) does not provide protection to members of the National Guard serving the states, nor do such members receive the protections of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) (which was re-written in 2003 as the Servicemembers Civil Relief Act) when in state (rather than federal) service. The state protections listed below are in addition to protections under federal laws.

Discrimination provisions

It is unlawful to refuse to hire or employ any individual not on extended active duty because of membership in the National Guard or any of the reserve components of the armed forces of the United States, or because he is called or ordered to active State duty or special State duty, or because he is called or ordered to active duty by the Federal Government, or to discharge or otherwise discriminate against such individual with respect to compensation, hire, tenure, terms, conditions or privileges of employment because of such membership.

Leave of absence

If any employee enlists or is drafted into the active military service, he shall be automatically granted a military leave of absence. So long as an employee is on military leave of absence, he shall not be removed from employment and his duties shall either be performed by other employees or by a temporary substitute. During such time he may receive remuneration from his civilian employer.

If 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 or a member of the Pennsylvania National Guard is ordered to active State duty or special State duty by the Governor, he shall automatically be granted a military leave of absence.

Every employee shall have the right to return to his employment upon notifying his employer of his desire and availability so to return. Such employee shall be restored in such manner as to give him status in employment as he would have enjoyed if he had continued in employment continuously.

If any such member is not qualified to perform the duties of such position by reason of disability sustained during service, but is qualified to perform the duties of any other position, such member shall be restored to such other position as will provide him like seniority, status and pay, or the nearest approximation consistent with the circumstances of the case, unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so.

Insurance and benefits

Whenever a member of the Pennsylvania National Guard is called or ordered into active Federal service or active State duty, 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 shall, 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 the first 30 days, the public or private employer shall give the member the voluntary option of continuing such health insurance and other benefits in effect at his own expense by paying for the insurance or benefits at the same rates paid by the employer, and the insurance coverage shall continue, except for injuries incurred in the line of military duty.

State

Contacts

None.

Regulations

Pennsylvania Consolidated Statutes Title 51, Chapter 73, Military Leave of Absence

Federal

Contacts

DOL’s Veterans’ Employment and Training Service (VETS)

Veterans’ Employment and Training Service (VETS)
200 Constitution Avenue, NW
Room S-1325
Washington, D.C. 20210
Phone: 1-866-4-USA-DOL (1-866-487-2365) or 202-693-4770

Website: www.dol.gov/vets/

Regulations

5 CFR Part 353 Restoration to Duty from Uniformed Service or Compensable Injury

20 CFR Part 1002 Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994