OFFICIAL OPINION No. 13

OFFICIAL OPINION No. 13 Labor relations-Working conditions-State employees-Leave occasioned by injury suffered in State employment-Payment for legal holidays. 1. Section 2 of Act of December 8, 1959, P. L. 1718 as amended, 61 P. S. § 952 provides that no absence from duty of any State employe by reason of injuries suffered in State employment shall be deducted from any period of leave allowed the employe by law or by regulation. 2. The above section provides that an employe shall not have deducted from his or her pay any period of leave allowed the employe by law, including legal holidays. 3. State employes are entitled to be paid for legal holidays occurring during leaves occasioned by injuries suffered during State employment. OPINIONS OF THE ATTORNEY GENERAL 25 Harrisburg, Pa., March 18, 1971 Honorable Helene Wohlgemuth Secretary of Public Welfare 333 Health and Welfare Building Harrisburg, Pennsylvania 17120 Dear Secretary Wohlgemuth: We have your letter request of March 4, 1971 for advice as to whether a former employe of your department, Norma M. Grevera, is entitled to be paid for legal holidays which occurred during her period of leave occasioned by an injury suffered in the course of her employment. The pertinent provision for our review is Section 2 of the Act of December 8, 1959, P. L. 1718, as amended, 61 P. S. § 952, which provides: "No absence from duty of any State employe ... to whom this act applies by reason of any such injury shall in any man- ner be deducted from any period of leave allowed the em- ploye by law or by regulation." It is our understanding that the Department's Office of Personnel Management has maintained an administrative practice of not paying for legal holidays for those employes who are injured and are being paid benefits under the aforecited act. However, that section clearly provides that an employe shall not have deducted from his or her pay any period of leave allowed the employe by law, including the legal holidays occurring during Mrs. Grevera's leave. Accordingly, it is our opinion, and you are advised that she is entitled to be paid under the aforesaid act for the legal holidays occurring dur- ing her leave. Sincerely yours, J. SHANE CREAMER, Attorney General. 26 OPINIONS OF THE ATTORNEY GENERAL