Full Text of SB1052 99th General Assembly
SB1052 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1052 Introduced 2/11/2015, by Sen. Christine Radogno 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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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Military Leave of Absence Act is amended by | 5 | | changing Section 1 as follows:
| 6 | | (5 ILCS 325/1) (from Ch. 129, par. 501)
| 7 | | Sec. 1. Leave of absence.
| 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
| 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
| 15 | | public employment
for any period actively spent in military
| 16 | | service, including: | 17 | | (1) basic training;
| 18 | | (2) special or advanced training, whether or not within | 19 | | the State, and
whether or not voluntary;
| 20 | | (3) annual training; and
| 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.
| 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
| 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
| 10 | | compensation as a public employee minus the amount of his or
| 11 | | her base pay for military
activities.
| 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
| 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.
| 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.
| 20 | | (Source: P.A. 98-347, eff. 8-14-13.)
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