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Military Duty Leave for Employees in Pennsylvania

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Pennsylvania employers must provide employees with leave for military duty in accordance with these state rules.

Pennsylvania employers are required to continue health insurance and other benefits for the first 30 days of an employee's military leave.

After that time, the employee must be given the option to continue the benefits at his own expense at the same rates paid by the employer.

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.

Prohibited Discrimination

Employers in Pennsylvania may not discharge or otherwise discriminate against an employee with respect to compensation, hire, tenure, terms, conditions, or privileges of employment because of membership in the state and federal military forces.

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