HB 1321 — An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, in Pennsylvania National Guard, Pennsylvania Guard and militia, providing for leaves of absence for military spouses, for anti-retaliation protection and for employment protection.

PRINTER'S NO.   1513

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1321
                                                Session of
                                                  2025

     INTRODUCED BY MULLINS, GIRAL, PROKOPIAK, KHAN, SANCHEZ, HADDOCK,
        McNEILL, HILL-EVANS, FREEMAN, CONKLIN, PIELLI, DONAHUE,
        REICHARD, STEELE, DEASY, GREEN, CEPEDA-FREYTIZ, CERRATO AND
        DOUGHERTY, APRIL 28, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 28, 2025


                                      AN ACT
 1   Amending Title 51 (Military Affairs) of the Pennsylvania
 2      Consolidated Statutes, in Pennsylvania National Guard,
 3      Pennsylvania Guard and militia, providing for leaves of
 4      absence for military spouses, for anti-retaliation protection
 5      and for employment protection.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Part II of Title 51 of the Pennsylvania
 9   Consolidated Statutes is amended by adding a chapter to read:
10                                 CHAPTER 43
11                          MILITARY SPOUSE LEAVE AND
12                          EMPLOYMENT PROTECTION ACT
13   Sec.
14   4301.   Definitions.
15   4302.   Leaves of absence for military spouses.
16   4303.   Anti-retaliation protection.
17   4304.   Employment protection.
18   4305.   Right of employer to provide additional leave.
 1   § 4301.    Definitions.
 2      The following words and phrases when used in this chapter
 3   shall have the meanings given to them in this section unless the
 4   context clearly indicates otherwise:
 5      "Employee."         An individual who performs service for hire for
 6   an employer for an average of 20 or more hours per week,
 7   including all individuals employed at any site owned or operated
 8   by an employer. The term does not include an independent
 9   contractor.
10      "Employer."         A person, including the Commonwealth, a public
11   authority or other governmental subdivision of any kind, that
12   employs 20 or more employees at at least one site.
13      "Period of military conflict."           A period of war declared by
14   the Congress of the United States or in which a member of a
15   reserve component of the armed forces is ordered to active duty
16   under 10 U.S.C. §§ 12301 (relating to reserve components
17   generally) and 12302 (relating to ready reserve).
18   § 4302.    Leaves of absence for military spouses.
19      An employee whose spouse is a member of the armed forces of
20   the United States, National Guard or a reserve component shall
21   be allowed a leave of absence by the employee's employer as
22   follows:
23             (1)   No more than 14 days per year of paid leave:
24                   (i)    when the spouse of the employee has been
25             deployed during a period of military conflict to a combat
26             theater or combat zone of operations; or
27                   (ii)    during a time of emergency or natural disaster
28             declared by the President or the Governor.
29             (2)   No more than 14 days per year of unpaid leave when
30      the spouse of the employee has been deployed for training

20250HB1321PN1513                        - 2 -
 1      purposes.
 2   § 4303.   Anti-retaliation protection.
 3      An employer may not retaliate against an employee for
 4   requesting or obtaining a leave of absence as provided under
 5   section 4302 (relating to leaves of absence for military
 6   spouses).
 7   § 4304.   Employment protection.
 8      An employer shall maintain the employment of an employee
 9   while on a leave of absence under section 4302 (relating to
10   leaves of absence for military spouses), including the
11   employee's position, title and benefits accrued at the time the
12   leave is taken.
13   § 4305.   Right of employer to provide additional leave.
14      The provisions of this act shall not affect or prevent an
15   employer from providing leave for employees in addition to the
16   leave provided under this act. The provisions of this act shall
17   not affect an employee's rights with respect to any other
18   employee benefit provided under law.
19      Section 2.     This act shall take effect in 60 days.




20250HB1321PN1513                    - 3 -