Section 420.720  Leave for Annual Military Reserve Training or Special Duty

a)         Any employee who is a member of a reserve component of the Armed Services, the Illinois National Guard or the Illinois Naval Militia shall be allowed annual leave with pay for one full pay period during any one State fiscal year and such additions or extensions to fulfill the military reserve obligation.  These leaves will be granted without loss of continuous service or other accrued benefits.

b)         In the case of an emergency call-up (or order to State active duty) by the Governor, the leave shall be granted for the duration of the emergency with pay and without loss of seniority or other accrued benefit.  Military earnings for the emergency call-up paid under the Military Code of Illinois [20 ILCS 1805] must be submitted and assigned to the employing department, and the employing department shall return it to the payroll fund from which the employee's payroll check was drawn.  If military pay exceeds the employee's earnings for the period, the employing department shall return the difference to the employee.

c)         To be eligible for military reserve leave or emergency call-up pay, the employee must provide the employing department with a certificate, requiring the military reserve or emergency call-up duty, from the commanding officer of his/her unit prior to commencement of the duty.

d)         Any employee 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 State employment for any period actively spent in military service, including basic training and special or advanced training, whether or not within the State, and whether or not voluntary.

e)         During basic training and up to 60 days of special or advanced training, if the employee's compensation for military activities is less than his/her compensation as a State employee, he/she shall receive his/her regular compensation as a State employee minus the amount of his/her base pay for military activities.  During this training, the employee's continuous service and other benefits shall continue to accrue.

f)         An employee who returns from a leave granted under this Section shall have the rights set forth in Section 420.680.

(Source:  Amended at 35 Ill. Reg. 4278, effective March 1, 2011)