Illinois General Assembly - Full Text of Public Act 095-0763
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Public Act 095-0763


 

Public Act 0763 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0763
 
HB5760 Enrolled LRB095 14840 JAM 40780 b

    AN ACT concerning civil air patrol leave from employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Civil
Air Patrol Leave Act.
 
    Section 5. Definitions. In this Act:
    "Civil air patrol leave" means leave requested by an
employee who is a member of the civilian auxiliary of the
United States Air Force commonly known as the Civil Air Patrol.
    "Employee" means any person who may be permitted, required,
or directed by an employer in consideration of direct or
indirect gain or profit to engage in any employment. "Employee"
does include an independent contractor. "Employee" includes an
employee of a covered employer who has been employed by the
same employer for at least 12 months and has been employed for
at least 1,250 hours of service during the 12-month period
immediately preceding the commencement of the leave.
    "Employee benefits" means all benefits, other than salary
and wages, provided or made available to employees by an
employer and includes group life insurance, health insurance,
disability insurance, and pensions, regardless of whether
benefits are provided by a policy or practice of an employer.
    "Employer" means:
        (1) any person, partnership, corporation, association,
    or other business entity; and
        (2) the State of Illinois, municipalities, and other
        units of local government.
 
    Section 10. Civil air patrol leave requirement.
        (a) Any employer, as defined in Section 5 of this Act,
    that employs between 15 and 50 employees shall provide up
    to 15 days of unpaid civil air patrol leave to an employee
    performing a civil air patrol mission, subject to the
    conditions set forth in this Section. Civil air patrol
    leave granted under this Act may consist of unpaid leave.
        (b) An employer, as defined in Section 5 of this Act,
    that employs more than 50 employees shall provide up to 30
    days of unpaid civil air patrol leave to an employee
    performing a civil air patrol mission, subject to the
    conditions set forth in this Section. Civil air patrol
    leave granted under this Act may consist of unpaid leave.
        (c) The employee shall give at least 14 days' notice of
    the intended date upon which the civil air patrol leave
    will commence if leave will consist of 5 or more
    consecutive work days. When able, the employee shall
    consult with the employer to schedule the leave so as to
    not unduly disrupt the operations of the employer.
    Employees taking civil air patrol leave for less than 5
    consecutive days shall give the employer advanced notice as
    is practical. The employer may require certification from
    the proper civil air patrol authority to verify the
    employee's eligibility for the civil air patrol leave
    requested.
        (d) An employee taking leave as provided under this Act
    shall not be required to have exhausted all accrued
    vacation leave, personal leave, compensatory leave, sick
    leave, disability leave, and any other leave that may be
    granted to the employee.
 
    Section 15. Employee benefits protection.
        (a) Any employee who exercises the right to civil air
    patrol leave under this Act, upon expiration of the leave,
    shall be entitled to be restored by the employer to the
    position held by the employee when the leave commenced or
    to a position with equivalent seniority status, employee
    benefits, pay, and other terms and conditions of
    employment. This Section does not apply if the employer
    proves that the employee was not restored as provided in
    this Section because of conditions unrelated to the
    employee's exercise of rights under this Act.
        (b) During any civil air patrol leave taken under this
    Act, the employer shall make it possible for employees to
    continue their benefits at the employee's expense. The
    employer and employee may negotiate for the employer to
    maintain benefits at the employer's expense for the
    duration of the leave.
 
    Section 20. Effect on existing employee benefits.
        (a) Taking civil air patrol leave under this Act shall
    not result in the loss of any employee benefit accrued
    before the date on which the leave commenced.
        (b) Nothing in this Act shall be construed to affect an
    employer's obligation to comply with any collective
    bargaining agreement or employee benefit plan that
    provides greater leave rights to employees than the rights
    provided under this Act.
        (c) The civil air patrol leave rights provided under
    this Act shall not be diminished by any collective
    bargaining agreement or employee benefit plan.
        (d) Nothing in this Act shall be construed to affect or
    diminish the contract rights or seniority status of any
    other employee of any employer covered under this Act.
 
    Section 25. Prohibited acts.
        (a) An employer shall not interfere with, restrain, or
    deny the exercise or the attempt to exercise any right
    provided under this Act.
        (b) An employer shall not discharge, fine, suspend,
    expel, discipline, or in any other manner discriminate
    against any employee who exercises any right provided under
    this Act.
        (c) An employer shall not discharge, fine, suspend,
    expel, discipline, or in any other manner discriminate
    against any employee for opposing any practice made
    unlawful by this Act.
 
    Section 30. Enforcement. A civil action may be brought in
the circuit court having jurisdiction by an employee to enforce
this Act. The circuit court may enjoin any act or practice that
violates or may violate this Act and may order any other
equitable relief that is necessary and appropriate to redress
the violation or to enforce this Act.
 
    Section 35. Home rule. This Act is a denial and limitation
of home rule powers and functions in accordance with subsection
(i) of Section 6 of Article VII of the Illinois Constitution. A
home rule unit may not regulate its employees in a manner that
is inconsistent with the provisions of this Act.

Effective Date: 1/1/2009