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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0547 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 5 ILCS 325/1 | from Ch. 129, par. 501 |
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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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| | A BILL FOR |
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| | HB0547 | | LRB099 04385 JLK 24412 b |
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| 1 | | AN ACT concerning government.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Military Leave of Absence Act is amended by |
| 5 | | changing Section 1 as follows:
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| 6 | | (5 ILCS 325/1) (from Ch. 129, par. 501)
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| 7 | | Sec. 1. Leave of absence.
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| 8 | | (a) Any full-time employee of the
the State of Illinois, a |
| 9 | | unit of local
government, a public institution of higher |
| 10 | | education (as defined in Section 1 of the Board of Higher |
| 11 | | Education Act), or a school district, other than an independent
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| 12 | | contractor, who is a member of any reserve
component of the |
| 13 | | United States Armed Forces or of any reserve component
of the |
| 14 | | Illinois State Militia, shall be granted leave from his or her
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| 15 | | public employment
for any period actively spent in military
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| 16 | | service, including: |
| 17 | | (1) basic training;
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| 18 | | (2) special or advanced training, whether or not within |
| 19 | | the State, and
whether or not voluntary;
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| 20 | | (3) annual training; and
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| 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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| 1 | | benefits shall continue
to accrue.
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| 2 | | During leaves for annual training, the employee shall |
| 3 | | continue to receive
his or her regular compensation as a public |
| 4 | | employee.
During leaves for basic training, for up to 60 days |
| 5 | | of special or advanced
training, and for any other training or |
| 6 | | duty required by the United States Armed Forces, if the |
| 7 | | employee's daily rate of compensation for military activities
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| 8 | | is less
than his or her daily rate of compensation as a public |
| 9 | | employee, he or
she shall receive his or her regular
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| 10 | | compensation as a public employee minus the amount of his or
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| 11 | | her base pay for military
activities.
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| 12 | | (b) Any full-time employee of the State of Illinois or a |
| 13 | | public institution of higher education (as defined in Section 1 |
| 14 | | of the Board of Higher Education Act), other than an
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| 15 | | independent contractor, who is a member of the Illinois |
| 16 | | National Guard or a
reserve component of the United States |
| 17 | | Armed Forces or the Illinois State
Militia and who is mobilized |
| 18 | | to active duty shall continue during the period of
active duty |
| 19 | | to receive his or her benefits and regular compensation as a |
| 20 | | State
employee, minus an amount equal to his or her military |
| 21 | | active duty base pay.
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| 22 | | (c) In making the calculations required under this Section, |
| 23 | | the 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 |
| 18 | | State
Comptroller shall coordinate in the development of |
| 19 | | procedures for the
implementation of this Section.
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| 20 | | (Source: P.A. 98-347, eff. 8-14-13.)
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