Subchapter A. LEAVES OF ABSENCE
Sec.
604a.1. Leaves of absence generally.
604a.2. Leaves of absence for military duty.
604a.3. Vacancies due to leaves of absence for military duty.
604a.4. Leave of absence for Senior Management Service employment.§ 604a.1. Leaves of absence generally.
(a) Request. An employee seeking a leave of absence shall submit a written request for a leave of absence to the appointing authority. The written request shall state the date on which the leave will start, the date on which the leave will end and the reason for the request.
(b) Approval. A leave of absence may be granted at the discretion of the appointing authority in accordance with the act and this subpart.
(c) Duration. Approved leaves of absence shall be for a definite period, up to a 2-year increment of time.
(d) Extension. Upon the written request of the employee, a leave of absence may be extended at the discretion of the appointing authority in 2-year increments and for a maximum continuous duration of 12 years. If after a leave of absence consisting of 12 continuous years the employee does not return to a position in accordance with subsection (e), the employee shall be deemed to have resigned from their position on the date the approved leave of absence terminates.
(e) Right of return. Upon the expiration of an employee’s approved leave of absence, or after an employee requests to return from an approved leave of absence in writing to the appointing authority, the employee shall have the right to return to employment in the classified service with the same appointing authority, subject to the following:
(1) An employee shall have the right to return to a vacant position, which the appointing authority is filling, in the same job classification from which the leave of absence was approved and shall retain the same status as they held prior to taking the leave of absence.
(2) If there are no vacant positions in the same job classification from which the employee took a leave of absence, the employee shall have the right of return to any of the following:
(i) A vacant position, which the appointing authority is filling, in a job classification previously held and shall retain the same status as they held prior to taking the leave of absence.
(ii) A vacant position, which the appointing authority is filling, in a job classification with the same maximum hourly salary and shall retain the same status as they held prior to taking the leave of absence, provided the employee meets the minimum qualifications for the job classification.
(iii) A vacant position, which the appointing authority is filling, in a lower-level job classification and shall retain the same status as they held prior to taking the leave of absence, provided the employee meets the minimum qualifications for the job classification.
(3) If there is no vacancy to which the employee on leave can be returned, or if the employee returned to a lower-level job classification in accordance with paragraph (2) (relating to leaves of absence generally), the employee’s name shall be placed on a preferred reemployment list, for a period of 1 year, for employment in the job classification from which the leave of absence was approved.
(f) Preferred reemployment lists. Certifications from a preferred reemployment list shall take precedence over all other eligible lists and referrals from internal recruitment methods.
(g) Scope. This section shall not apply to leaves of absence for military service and leaves of absence for employment in the Senior Management Service.
Cross References This section cited in 4 Pa. Code § 601a.3 (relating to definitions).
§ 604a.2. Leaves of absence for military duty.
(a) Generally. An appointing authority shall grant a leave of absence to an employee for military duty.
(b) Request. An employee seeking a leave of absence for military duty shall submit a written request for a leave of absence for military duty to the appointing authority as soon as possible prior to the military duty commencing or as soon as possible after the military duty begins. An employee shall include with their written request all documents necessary to establish that the employee is, or will be, on military duty during the relevant period of time.
(c) Duration. The duration of the leave of absence shall coincide with the duration of the employee’s military duty and any delayed return to work as prescribed by the Uniformed Services Employment and Reemployment Rights Act, as amended (38 U.S.C. § § 4301—4335).
(d) Right of return. An employee on a leave of absence for military duty shall have a guaranteed right of return in accordance with the act, this subpart, and the Uniformed Services Employment and Reemployment Rights Act, as amended.
Cross References This section cited in 4 Pa. Code § 604a.3 (relating to 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.
§ 604a.4. Leave of absence for Senior Management Service employment.
(a) Generally. An employee who accepts a Senior Management Service position shall be granted a leave of absence upon starting employment in the Senior Management Service position.
(b) Duration. The duration of leave of absence shall coincide with the duration of the employee’s employment in the Senior Management Service.
(c) Return. Upon leaving employment in a Senior Management Service position, the employee shall have the right to return to a position at the same pay scale group as the last classified service position held prior to employment in the Senior Management Service position, at the same status held, and in the same appointing authority in which the Senior Management Service position was located. If a position does not exist at the time the employee leaves the Senior Management Service position, the appointing authority shall create such a position and place the employee in it.
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