Illinois General Assembly - Full Text of HB5760
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Full Text of HB5760  95th General Assembly

HB5760enr 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning civil air patrol leave from employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the Civil
5 Air Patrol Leave Act.
 
6     Section 5. Definitions. In this Act:
7     "Civil air patrol leave" means leave requested by an
8 employee who is a member of the civilian auxiliary of the
9 United States Air Force commonly known as the Civil Air Patrol.
10     "Employee" means any person who may be permitted, required,
11 or directed by an employer in consideration of direct or
12 indirect gain or profit to engage in any employment. "Employee"
13 does include an independent contractor. "Employee" includes an
14 employee of a covered employer who has been employed by the
15 same employer for at least 12 months and has been employed for
16 at least 1,250 hours of service during the 12-month period
17 immediately preceding the commencement of the leave.
18     "Employee benefits" means all benefits, other than salary
19 and wages, provided or made available to employees by an
20 employer and includes group life insurance, health insurance,
21 disability insurance, and pensions, regardless of whether
22 benefits are provided by a policy or practice of an employer.
23     "Employer" means:

 

 

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1         (1) any person, partnership, corporation, association,
2     or other business entity; and
3         (2) the State of Illinois, municipalities, and other
4         units of local government.
 
5     Section 10. Civil air patrol leave requirement.
6         (a) Any employer, as defined in Section 5 of this Act,
7     that employs between 15 and 50 employees shall provide up
8     to 15 days of unpaid civil air patrol leave to an employee
9     performing a civil air patrol mission, subject to the
10     conditions set forth in this Section. Civil air patrol
11     leave granted under this Act may consist of unpaid leave.
12         (b) An employer, as defined in Section 5 of this Act,
13     that employs more than 50 employees shall provide up to 30
14     days of unpaid civil air patrol leave to an employee
15     performing a civil air patrol mission, subject to the
16     conditions set forth in this Section. Civil air patrol
17     leave granted under this Act may consist of unpaid leave.
18         (c) The employee shall give at least 14 days' notice of
19     the intended date upon which the civil air patrol leave
20     will commence if leave will consist of 5 or more
21     consecutive work days. When able, the employee shall
22     consult with the employer to schedule the leave so as to
23     not unduly disrupt the operations of the employer.
24     Employees taking civil air patrol leave for less than 5
25     consecutive days shall give the employer advanced notice as

 

 

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1     is practical. The employer may require certification from
2     the proper civil air patrol authority to verify the
3     employee's eligibility for the civil air patrol leave
4     requested.
5         (d) An employee taking leave as provided under this Act
6     shall not be required to have exhausted all accrued
7     vacation leave, personal leave, compensatory leave, sick
8     leave, disability leave, and any other leave that may be
9     granted to the employee.
 
10     Section 15. Employee benefits protection.
11         (a) Any employee who exercises the right to civil air
12     patrol leave under this Act, upon expiration of the leave,
13     shall be entitled to be restored by the employer to the
14     position held by the employee when the leave commenced or
15     to a position with equivalent seniority status, employee
16     benefits, pay, and other terms and conditions of
17     employment. This Section does not apply if the employer
18     proves that the employee was not restored as provided in
19     this Section because of conditions unrelated to the
20     employee's exercise of rights under this Act.
21         (b) During any civil air patrol leave taken under this
22     Act, the employer shall make it possible for employees to
23     continue their benefits at the employee's expense. The
24     employer and employee may negotiate for the employer to
25     maintain benefits at the employer's expense for the

 

 

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1     duration of the leave.
 
2     Section 20. Effect on existing employee benefits.
3         (a) Taking civil air patrol leave under this Act shall
4     not result in the loss of any employee benefit accrued
5     before the date on which the leave commenced.
6         (b) Nothing in this Act shall be construed to affect an
7     employer's obligation to comply with any collective
8     bargaining agreement or employee benefit plan that
9     provides greater leave rights to employees than the rights
10     provided under this Act.
11         (c) The civil air patrol leave rights provided under
12     this Act shall not be diminished by any collective
13     bargaining agreement or employee benefit plan.
14         (d) Nothing in this Act shall be construed to affect or
15     diminish the contract rights or seniority status of any
16     other employee of any employer covered under this Act.
 
17     Section 25. Prohibited acts.
18         (a) An employer shall not interfere with, restrain, or
19     deny the exercise or the attempt to exercise any right
20     provided under this Act.
21         (b) An employer shall not discharge, fine, suspend,
22     expel, discipline, or in any other manner discriminate
23     against any employee who exercises any right provided under
24     this Act.

 

 

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1         (c) An employer shall not discharge, fine, suspend,
2     expel, discipline, or in any other manner discriminate
3     against any employee for opposing any practice made
4     unlawful by this Act.
 
5     Section 30. Enforcement. A civil action may be brought in
6 the circuit court having jurisdiction by an employee to enforce
7 this Act. The circuit court may enjoin any act or practice that
8 violates or may violate this Act and may order any other
9 equitable relief that is necessary and appropriate to redress
10 the violation or to enforce this Act.
 
11     Section 35. Home rule. This Act is a denial and limitation
12 of home rule powers and functions in accordance with subsection
13 (i) of Section 6 of Article VII of the Illinois Constitution. A
14 home rule unit may not regulate its employees in a manner that
15 is inconsistent with the provisions of this Act.