Bill Text: IL SB2163 | 2013-2014 | 98th General Assembly | Enrolled

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Bill Title: Amends the Military Leave of Absence Act. Provides that any full-time employee of a public institution of higher education who is a member of any reserve component of the United States Armed Forces or of any reserve component of the Illinois State Militia shall be granted leave from his or her public employment for any period actively spent in military service.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Passed) 2013-08-14 - Public Act . . . . . . . . . 98-0347 [SB2163 Detail]

Download: Illinois-2013-SB2163-Enrolled.html

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

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

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during the pay period by the number of work days in the pay
period;
(2) determine the employee's daily rate of
compensation for military activities by dividing the
employee's base pay for the applicable military activities
by the number of calendar days in the month; and
(3) provide for an offset from the employee's gross
compensation of the lesser of (i) the amount determined
under paragraph (1) of this subsection (c) multiplied by
the number of days that the public employee would have
otherwise been required to work for the applicable
governmental unit during the pay period or (ii) the amount
determined under paragraph (2) of this subsection
multiplied by the number of days that the public employee
would have otherwise been required to work for the
applicable governmental unit during the pay period.
(d) The Department of Central Management Services and the
State Comptroller shall coordinate in the development of
procedures for the implementation of this Section.
(Source: P.A. 95-331, eff. 8-21-07; 96-346, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.