4 Pa. Code § 604a.3. Vacancies due to leaves of absence for military duty.

§ 604a.3. Vacancies due to leaves of absence for military duty.

(a)  Vacancies filled. When an employee in the classified service is granted a leave of absence for military duty, the position vacated shall be left vacant or otherwise filled by a substitute employee, provided the position vacated is a permanent position.
(b)  Return of incumbent. Upon return of the incumbent under §  604a.2(d) (relating to leaves of absence for military duty), the substitute employee shall be required to vacate the position.
   (1)  Substitute employees who held regular status or probationary status in a job classification immediately prior to accepting the substitute appointment or substitute promotion shall have the right to return to their previously held position and status.
   (2)  A substitute employee who did not hold regular status or probationary status in a job classification immediately prior to accepting the substitute appointment shall be separated.
(c)  Permanent appointment or promotion. A substitute appointment or substitute promotion shall be converted to a permanent appointment or promotion when the incumbent who was granted the leave of absence for military duty fails to return to the position within the applicable time frame prescribed by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. § §  4301—4335).
(d)  Rights of substitute employee. A regular or probationary employee who accepts a substitute appointment or substitute promotion shall maintain the same rights and privileges to which entitled if the employee had continued to serve in the previous position with the same status. The substitute appointment or substitute promotion will not prejudice the employee’s rights to promotion, transfer, reemployment or retention in service.

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