4 Pa. Code § 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 .
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