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1 | AN ACT concerning employment. | |||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||||
4 | Section 5. The Military Leave Act is amended by changing | |||||||||||||||||||||||||||
5 | Sections 1, 5, 15, and 20 and by adding Section 12 as follows: | |||||||||||||||||||||||||||
6 | (820 ILCS 151/1) | |||||||||||||||||||||||||||
7 | Sec. 1. Short title. This Act may be cited as the Family | |||||||||||||||||||||||||||
8 | Military Leave Act . | |||||||||||||||||||||||||||
9 | (Source: P.A. 94-589, eff. 8-15-05.) | |||||||||||||||||||||||||||
10 | (820 ILCS 151/5) | |||||||||||||||||||||||||||
11 | Sec. 5. Definitions. In this Act: | |||||||||||||||||||||||||||
12 | "Authorized provider" means an individual or group | |||||||||||||||||||||||||||
13 | recognized by the armed forces, who are not service members or | |||||||||||||||||||||||||||
14 | employees of the United States government and who augment the | |||||||||||||||||||||||||||
15 | uniformed members of a military funeral honors detail. | |||||||||||||||||||||||||||
16 | "Authorized provider" may include, but is not limited to, | |||||||||||||||||||||||||||
17 | veterans service organizations, trained volunteers of the | |||||||||||||||||||||||||||
18 | Reserve Officer Training Corps, honor guards, and other | |||||||||||||||||||||||||||
19 | appropriate individuals and organizations that support the | |||||||||||||||||||||||||||
20 | rendering of military funeral honors. | |||||||||||||||||||||||||||
21 | "Employee" means any person who may be permitted, | |||||||||||||||||||||||||||
22 | required, or directed by an employer in consideration of |
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1 | direct or indirect gain or profit to engage in any employment. | ||||||
2 | "Employee" does include an independent contractor. "Employee" | ||||||
3 | includes an employee of a covered employer who has been | ||||||
4 | employed by the same employer for at least 12 months, and has | ||||||
5 | been employed for at least 1,250 hours of service during the | ||||||
6 | 12-month period immediately preceding the commencement of the | ||||||
7 | leave. | ||||||
8 | "Employee benefits" means all benefits, other than salary | ||||||
9 | and wages, provided or made available to employees by an | ||||||
10 | employer and includes group life insurance, health insurance, | ||||||
11 | disability insurance and pensions, regardless of whether | ||||||
12 | benefits are provided by a policy or practice of an employer. | ||||||
13 | "Employer" means (1) any person, partnership, corporation, | ||||||
14 | association, or other business entity; and (2) the State of | ||||||
15 | Illinois, municipalities and other units of local government. | ||||||
16 | "Family military leave" means leave requested by an | ||||||
17 | employee who is the spouse, parent, child, or grandparent of a | ||||||
18 | person called to military service lasting longer than 30 days | ||||||
19 | with the State or United States pursuant to the orders of the | ||||||
20 | Governor or the President of the United States. | ||||||
21 | "Funeral honors detail" means an honor guard detail | ||||||
22 | provided for the funeral of any veteran in compliance with 10 | ||||||
23 | U.S.C. 1491 and any associated federal regulations. A "funeral | ||||||
24 | honors detail" consists of at least 2 members of the U.S. Armed | ||||||
25 | Forces, one of whom is from the deceased veteran's service | ||||||
26 | branch, with the remainder of the detail consisting of members |
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1 | of the armed forces, whether retired or not, or members of an | ||||||
2 | authorized provider. The funeral honors detail performs at the | ||||||
3 | funeral a ceremony that includes the folding of a United | ||||||
4 | States flag and presentation of the flag to the veteran's | ||||||
5 | family and the playing of "Taps". | ||||||
6 | "Veteran" means any person honorably discharged from, or | ||||||
7 | released under honorable conditions from active service in, | ||||||
8 | the armed forces who served as an eligible member. | ||||||
9 | "Veterans service organization" means an organization that | ||||||
10 | is chartered under the Veteran Service Organizations State | ||||||
11 | Charter Act or an organization that has been Congressionally | ||||||
12 | chartered as a Patriotic and National Organization under 36 | ||||||
13 | U.S.C. Subtitle II, Part B. | ||||||
14 | (Source: P.A. 96-1417, eff. 1-1-11.) | ||||||
15 | (820 ILCS 151/12 new) | ||||||
16 | Sec. 12. Paid leave for funeral honors details. | ||||||
17 | (a) This Section applies to employers employing 51 or more | ||||||
18 | employees. | ||||||
19 | (b) An employee may use up to 8 hours per calendar month to | ||||||
20 | participate in a funeral honors detail, up to a total of 40 | ||||||
21 | hours per calendar year, or more if authorized by his or her | ||||||
22 | employer or if provided for in a collective bargaining | ||||||
23 | agreement. | ||||||
24 | (c) An employee qualifies for paid leave under this | ||||||
25 | Section if the employee: |
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1 | (1) is trained to participate in a funeral honors | ||||||
2 | detail at the funeral of a veteran; and | ||||||
3 | (2) is either: | ||||||
4 | (A) a retired or active member of the armed forces | ||||||
5 | of the United States or a member of a reserve component | ||||||
6 | of the armed forces of the United States, including | ||||||
7 | the Illinois National Guard; or | ||||||
8 | (B) an authorized provider, or a registered member | ||||||
9 | of a nonprofit or other organization that is an | ||||||
10 | authorized provider, including a member of a veterans | ||||||
11 | service organization. | ||||||
12 | (d) An employee taking funeral honors detail leave shall | ||||||
13 | give his or her employer reasonable notice, as is practicable. | ||||||
14 | (e) An employer may request a confirmation from the | ||||||
15 | relevant veterans service organization that dispatched the | ||||||
16 | employee to the funeral honors detail, or any official notice | ||||||
17 | provided to the employee in relation to the funeral honors | ||||||
18 | detail, that can be used as proof of the employee's | ||||||
19 | participation in the detail. | ||||||
20 | (f) An employee that takes leave under this Section may do | ||||||
21 | so in lieu of, and without having exhausted, his or her | ||||||
22 | vacation leave, personal leave, compensatory leave, or any | ||||||
23 | other leave that may be granted to the employee, including | ||||||
24 | sick leave and disability leave. | ||||||
25 | (g) An employer of an employee that takes leave under this | ||||||
26 | Section must pay the employee his or her regular rate of pay |
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1 | for the leave taken to participate in a funeral honors detail. | ||||||
2 | (820 ILCS 151/15) | ||||||
3 | Sec. 15. Employee benefits protection. | ||||||
4 | (a) Any employee who exercises the right to family | ||||||
5 | military leave or funeral honors detail leave under this Act, | ||||||
6 | upon expiration of the leave, shall be entitled to be restored | ||||||
7 | by the employer to the position held by the employee when the | ||||||
8 | leave commenced or to a position with equivalent seniority | ||||||
9 | status, employee benefits, pay and other terms and conditions | ||||||
10 | of employment. This Section does not apply if the employer | ||||||
11 | proves that the employee was not restored as provided in this | ||||||
12 | Section because of conditions unrelated to the employee's | ||||||
13 | exercise of rights under this Act. | ||||||
14 | (b) During any family military leave or funeral honors | ||||||
15 | detail leave taken under this Act, the employer shall make it | ||||||
16 | possible for employees to continue their benefits at the | ||||||
17 | employee's expense. The employer and employee may negotiate | ||||||
18 | for the employer to maintain benefits at the employer's | ||||||
19 | expense for the duration of the leave. | ||||||
20 | (Source: P.A. 94-589, eff. 8-15-05.) | ||||||
21 | (820 ILCS 151/20) | ||||||
22 | Sec. 20. Effect on existing employee benefits. | ||||||
23 | (a) Taking family military any leave under this Act shall | ||||||
24 | not result in the loss of any employee benefit accrued before |
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1 | the date on which the leave commenced. | ||||||
2 | (b) Nothing in this Act shall be construed to affect an | ||||||
3 | employer's obligation to comply with any collective bargaining | ||||||
4 | agreement or employee benefit plan that provides greater leave | ||||||
5 | rights to employees than the rights provided under this Act. | ||||||
6 | (c) The family military leave rights provided under this | ||||||
7 | Act shall not be diminished by any collective bargaining | ||||||
8 | agreement or employee benefit plan. | ||||||
9 | (d) Nothing in this Act shall be construed to affect or | ||||||
10 | diminish the contract rights or seniority status of any other | ||||||
11 | employee of any employer covered under this Act. | ||||||
12 | (Source: P.A. 94-589, eff. 8-15-05.) | ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law. |