Section 101.71. Break in service

(a) Seniority as used in this part shall be continuous service unless broken by one or more of the following: resignation; retirement; failure to report after notification of appointment through mandatory, preferred or optional reemployment rights; expiration of mandatory, preferred or optional reemployment rights; or failure to report after leave and acceptance of other permanent employment while on leave of absence without pay. If service is broken for one of these reasons, the employe shall lose accrued seniority. If an employee is returned within 1 year after this type of break in service, the employee is entitled to credit for seniority purposes the time accrued up to the time the break in service occurred, but is not entitled to credit for the time represented by the break in service.

(b) Periods of furlough and approved leave of absence without pay shall be deemed continuous employment for seniority purposes, except that the period of furlough or leave of absence without pay will not be counted toward seniority.

(c) Removal for cause shall terminate accrued seniority. Demotion for cause shall terminate seniority in the class from which demoted.

The provisions of this § 101.71 adopted October 18, 1961; amended October 15, 1964 and April 16, 1970; amended August 9, 1974, effective August 10, 1974, 4 Pa.B. 1669; amended March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151; amended November 15, 1991, effective November 16, 1991, 21 Pa.B. 5334. Immediately preceding text appears at serial page (155638).

Notation

Notes of Decisions

Break in Service

An employee of the Department of Conservation and Natural Resources failed to provide sufficient evidence to show that his protected activity of filing a lawsuit successfully challenging his dismissal was a substantial or motivating factor for the deprivation of his seniority status upon his reemployment, where the employee did not have seniority when the Department rehired him based on his service prior to his 1988 removal because the break in service for exceeded 1 year. Fultz v. Dunn, 165 F.3d 215 (3d. Cir. 1998); cert. denied 119 S. Ct. 2342 (U. S. 1999).