State of Illinois
2015 and 2016


Introduced 1/28/2015, by Sen. John J. Cullerton


5 ILCS 325/1  from Ch. 129, par. 501

    Amends the Military Leave of Absence Act. Makes a technical change in a Section concerning a State employee's leave of absence for active military service.

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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Military Leave of Absence Act is amended by
5changing Section 1 as follows:
6    (5 ILCS 325/1)  (from Ch. 129, par. 501)
7    Sec. 1. Leave of absence.
8    (a) Any full-time employee of the the State of Illinois, a
9unit of local government, a public institution of higher
10education (as defined in Section 1 of the Board of Higher
11Education Act), or a school district, other than an independent
12contractor, who is a member of any reserve component of the
13United States Armed Forces or of any reserve component of the
14Illinois State Militia, shall be granted leave from his or her
15public employment for any period actively spent in military
16service, including:
17        (1) basic training;
18        (2) special or advanced training, whether or not within
19    the State, and whether or not voluntary;
20        (3) annual training; and
21        (4) any other training or duty required by the United
22    States Armed Forces.
23    During these leaves, the employee's seniority and other



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1benefits shall continue to accrue.
2    During leaves for annual training, the employee shall
3continue to receive his or her regular compensation as a public
4employee. During leaves for basic training, for up to 60 days
5of special or advanced training, and for any other training or
6duty required by the United States Armed Forces, if the
7employee's daily rate of compensation for military activities
8is less than his or her daily rate of compensation as a public
9employee, he or she shall receive his or her regular
10compensation as a public employee minus the amount of his or
11her base pay for military activities.
12    (b) Any full-time employee of the State of Illinois or a
13public institution of higher education (as defined in Section 1
14of the Board of Higher Education Act), other than an
15independent contractor, who is a member of the Illinois
16National Guard or a reserve component of the United States
17Armed Forces or the Illinois State Militia and who is mobilized
18to active duty shall continue during the period of active duty
19to receive his or her benefits and regular compensation as a
20State employee, minus an amount equal to his or her military
21active duty base pay.
22    (c) In making the calculations required under this Section,
23the applicable governmental unit shall:
24        (1) determine the employee's daily rate of
25    compensation as a public employee by dividing the
26    employee's regular compensation as a public employee



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1    during the pay period by the number of work days in the pay
2    period;
3        (2) determine the employee's daily rate of
4    compensation for military activities by dividing the
5    employee's base pay for the applicable military activities
6    by the number of calendar days in the month; and
7        (3) provide for an offset from the employee's gross
8    compensation of the lesser of (i) the amount determined
9    under paragraph (1) of this subsection (c) multiplied by
10    the number of days that the public employee would have
11    otherwise been required to work for the applicable
12    governmental unit during the pay period or (ii) the amount
13    determined under paragraph (2) of this subsection
14    multiplied by the number of days that the public employee
15    would have otherwise been required to work for the
16    applicable governmental unit during the pay period.
17    (d) The Department of Central Management Services and the
18State Comptroller shall coordinate in the development of
19procedures for the implementation of this Section.
20(Source: P.A. 98-347, eff. 8-14-13.)