Military Duty Leave for Employees in Pennsylvania

Military leave must be automatically granted by all employers in time of war or emergency to those that enlist or those in the reserves. For the first 30 days, the public or private employer must continue health insurance and other benefits. After that time, the employee must be given the option to continue the benefits at his own expense. During military leave, employees may not be removed from employment and may not receive pay from civilian employment. Military leaves of absence expire 90 days after the period of duty in the U.S. military and 30 days after National Guard duty.

Reinstatement. Upon completion of military leave, employers must restore the persons to the positions held or to positions of like seniority, status and pay, unless the employers' circumstances have so changed as to make it impossible or unreasonable to do so. If a person sustained a disability and cannot perform the job, the employee must be restored to another position that the employee is qualified to perform and that will provide similar seniority, status and pay.

Discrimination. Public and private employers in Pennsylvania may not discriminate against persons due to National Guard or reserve status or duty.