Pennsylvania Consolidated Statutes

51 Pa. Cons. Stat. § 7302 (2026)

 Granting military leaves of absence.

✓ current as of May 2026
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§ 7302.  Granting military leaves of absence.

(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).

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: G.A. & D.D. Sandusky v. PA State Employees' Ret. Bd., 127 A.3d 34 (Pa. Commw. Ct. 2015).
G.A. & D.D. Sandusky v. PA State Employees' Ret. Bd., 127 A.3d 34 (Pa. Commw. Ct. 2015). “§ 4102 (relating to leaves of absence fo!r certain government employees), military leave of absence granted under 51 Pa.C.S. § 7302 (relating to granting military leaves of absence), leave granted under section 1178 of the act of March 10, 1949 (P.”
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