(a) Enlistment or draft.--Whenever any employee shall, in time of war or armed conflict, or emergency proclaimed by the Governor or by the President of the United States, enlist or shall, at any time, be drafted into the active military service of the United States, 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 his 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.
(b) Reserve components.--Whenever any employee who is a member of a reserve component of the armed forces shall be called or ordered to active duty by the United States and whenever any employee who is a member of the Pennsylvania National Guard shall be ordered to active State duty or special State duty by the Governor or his designee, he shall automatically be granted a military leave of absence.
(Dec. 17, 1990, P.L.700, No.174, eff. imd.; Nov. 22, 2000, P.L.670, No.90, eff. imd.)
Cross References. Section 7302 is referred to in sections 8102, 8506 of Title 24 (Education); sections 5102, 5902, 5906 of Title 71 (State Government).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 73 - Military Leave of Absence
Section 7302 - Granting military leaves of absence
Section 7303 - Expiration of military leaves of absence
Section 7304 - Reemployment rights
Section 7305 - Seniority rights
Section 7306 - Retirement rights
Section 7308 - Loss of benefits
Section 7309 - Employment discrimination for military membership or duty
Section 7310 - Contract by minors for servicemen's readjustment loans
Section 7311 - Sale of real property for delinquent taxes and municipal claims
Section 7312 - Stay of eviction or distress during military service
Section 7313 - Educational leave of absence
Section 7314 - Stay of proceedings when military service affects conduct thereof
Section 7315 - Termination of leases and similar obligations by military personnel
Section 7315.1 - Early termination of housing rental agreement by military personnel
Section 7316 - Maximum rates of interest and scheduling of debts
Section 7317 - Deferred motor vehicle insurance coverage