102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3680

 

Introduced 2/22/2021, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Deployment and Training Leave Protection Act. Provides that law enforcement officers who are active members of the United States Armed Forces must be permitted to take a leave of absence from their full-time employment in law enforcement when the need arises for the officer to participate in deployment or training. Provides benefits in addition to those contained in a collective bargaining agreement or other law. Provides that leave may not be denied solely on the time of the year the deployment or training would occur. Applies to employers granted the power to employ law enforcement officers. Preempts home rule.


LRB102 12780 JLS 18119 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3680LRB102 12780 JLS 18119 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Deployment and Training Leave Protection Act.
 
6    Section 5. Affirmation. The State of Illinois affirms that
7an individual who is an active member of the United States
8Armed Forces and is serving honorably in that capacity should
9have the necessary protections and rights to be able to serve
10his or her country and State without any fear that his or her
11employment will be impacted.
 
12    Section 10. Definitions. In this Act:
13    "Eligible employee" means an Illinois resident who (i) is
14a member of the United States Armed Forces on active duty or
15State active duty, a member of the Illinois National Guard, or
16a member of the United States Reserve Forces and (ii) is a
17full-time law enforcement officer.
18    "Employer" means the State of Illinois, any unit of local
19government, any State-supported college or university, or any
20other public entity granted the power to employ law
21enforcement officers.
 

 

 

HB3680- 2 -LRB102 12780 JLS 18119 b

1    Section 15. Leave of absence protection. Upon request, an
2eligible employee subject to this Act shall be entitled to
3deployment and training leave. The eligible employee and
4employer must agree to the exact terms and conditions for the
5deployment and training leave. The employer may compel the
6eligible employee to verify the need for deployment and
7training leave. The eligible employee may take deployment and
8training leave only after obtaining approval from the
9employer. The approval of the employer, however, in no event
10shall be denied based solely on the time of year the deployment
11and training leave would take place.
 
12    Section 20. Rules. The Department of Labor, in
13consultation with the Department of Veterans' Affairs, shall
14adopt rules governing deployment and training leave, including
15rules that (i) establish conditions and procedures for
16requesting and approving leave and (ii) require documentation
17of the proposed deployment or training leave before leave is
18approved by the employer.
 
19    Section 25. Supremacy of Act. Nothing in this Act shall
20supersede, nullify, or diminish any federal or State law
21(including any local law or ordinance), contract, agreement,
22policy, plan, practice, or other matter that establishes a
23right or benefit that is more beneficial to, or is in addition
24to, a right or benefit provided for a person in this Act.
 

 

 

HB3680- 3 -LRB102 12780 JLS 18119 b

1    Section 30. Home rule. A home rule unit may not regulate
2the use of leave for deployment or training in a manner more
3restrictive than the regulation by the State of leave for
4deployment or training under this Act. This Section is a
5limitation under subsection (i) of Section 6 of Article VII of
6the Illinois Constitution on the concurrent exercise by home
7rule units of powers and functions exercised by the State.