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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ House Amendment 002 ]|
92_HB4457enr HB4457 Enrolled LRB9214505DJmg 1 AN ACT in relation to military affairs. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Military Code of Illinois is amended by 5 adding Article V-A and changing the heading of Article VII as 6 follows: 7 (20 ILCS 1805/Art. V-A heading new) 8 ARTICLE V-A. NATIONAL GUARD EMPLOYMENT RIGHTS 9 (20 ILCS 1805/30.1 new) 10 Sec. 30.1. Article short title. This Article may be 11 cited as the Illinois National Guard Employment Rights Law. 12 (20 ILCS 1805/30.5 new) 13 Sec. 30.5. Public policy. As a guide to the 14 interpretation and application of this Article, the public 15 policy of the State is declared as follows: 16 The United States has provided for the reemployment 17 rights of members of the Reserve Components of the armed 18 forces, and of the National Guard of the states, while 19 serving in duty or training statuses pursuant to Title 10 or 20 32 of the United States Code, by enacting the Uniformed 21 Services Employment and Reemployment Rights Act, codified at 22 Title 38, United States Code, Chapter 43. The Uniformed 23 Services Employment and Reemployment Rights Act, however, 24 does not provide any such protection to members of the 25 National Guard serving the states, including the State of 26 Illinois, in a State Active Duty status pursuant to orders of 27 the Governor. 28 The United States has also provided relief from certain 29 civil obligations for personnel of the United States armed HB4457 Enrolled -2- LRB9214505DJmg 1 forces serving on federal active duty under Title 10 of the 2 United States Code, by enacting the Soldiers' and Sailors' 3 Civil Relief Act of 1940, codified at Title 50 Appendix, 4 United States Code, Sections 501-591. Members of the National 5 Guard serving other than in such a federal active duty status 6 under Title 10 of the United States Code, however, are not 7 subject to, nor do they receive the protections of, the 8 Soldiers' and Sailors' Civil Relief Act of 1940. 9 As a constituent commonwealth of the United States, and 10 in accordance with the constitutions of the United States and 11 of the State of Illinois, the State of Illinois must provide 12 for the defense of its citizens and territory against 13 domestic and foreign threats, and the Illinois National Guard 14 is an essential part of the State's ability to meet such 15 threats. It is therefore declared to be the policy of the 16 State of Illinois (i) to ensure the readiness of members of 17 the National Guard to execute missions assigned by 18 appropriate federal or State authorities by guaranteeing 19 adequate protections of their right to return to civilian 20 employment upon completion of State Active Duty and (ii) to 21 grant members of the National Guard relief from certain civil 22 obligations while performing periods of training or duty 23 under Title 32 of the United States Code and State Active 24 Duty. 25 (20 ILCS 1805/30.10 new) 26 Sec. 30.10. Definitions. In this Article: 27 "National Guard" has the definition provided by federal 28 law at 10 U.S.C. 101(c). 29 "Illinois National Guard" has the definition provided in 30 Sections 5 and 7 of this Code. 31 "Federal active duty under Title 10 of the United States 32 Code" means active federal service of members of the National 33 Guard pursuant to any provision of Chapter 1209 of Title 10 HB4457 Enrolled -3- LRB9214505DJmg 1 of the United States Code. 2 "Training or duty under Title 32 of the United States 3 Code" means active or inactive National Guard training or 4 duty performed pursuant to Chapter 5 of Title 32 of the 5 United States Code and pursuant to the orders of the 6 Governor. 7 "State Active Duty" means National Guard duty performed 8 in the active service of any state or United States territory 9 or commonwealth in accordance with that jurisdiction's laws 10 and pursuant to the orders of the Governor concerned. It does 11 not refer to active duty performed pursuant to Chapter 5 of 12 Title 32 of the United States Code and pursuant to the orders 13 of the Governor. 14 "Political subdivision" means any unit of local 15 government or school district. 16 (20 ILCS 1805/30.15 new) 17 Sec. 30.15. National Guard; State Active Duty; 18 reemployment rights. 19 (a) Any member of the National Guard ("a member") 20 employed by a private employer in the State of Illinois or by 21 the State of Illinois or any political subdivision of the 22 State whose absence from a position of employment is 23 necessitated by reason of being called to State Active Duty, 24 whether or not voluntary, shall be entitled to reemployment 25 rights and benefits and other employment benefits under this 26 Article if: 27 (1) the member (or an appropriate officer of the 28 National Guard in which the service is performed) has 29 given advance written or oral notice of the service, if 30 reasonably possible; 31 (2) the member reports to, or submits an 32 application for reemployment to, the employer in 33 accordance with the provisions of subsection (e); and HB4457 Enrolled -4- LRB9214505DJmg 1 (3) the character of the member's service on State 2 Active Duty was honorable, under honorable conditions, or 3 otherwise characterized as satisfactory. 4 (b) No notice is required under subsection (a) if 5 precluded by military necessity, or if the giving of the 6 notice is not reasonably possible, under all relevant 7 circumstances. A written determination of military necessity 8 for the purposes of this subsection shall be made by the 9 Adjutant General of Illinois and shall not be subject to 10 judicial review. 11 (c) An employer is not required to reemploy a member 12 under this Section if: 13 (1) the employer's circumstances have so changed as 14 to make such reemployment impossible or unreasonable, or 15 if reemployment would impose an undue hardship on the 16 employer; or 17 (2) the employment from which the member leaves to 18 serve in the National Guard on State Active Duty is for a 19 brief, nonrecurrent period and there is no reasonable 20 expectation that the employment will continue 21 indefinitely or for a significant period. 22 (d) In any proceeding involving an issue of whether (i) 23 any reemployment referred to in subsection (c) is impossible 24 or unreasonable because of a change in an employer's 25 circumstances; (ii) any accommodation, training, or effort 26 referred to in subdivision (c)(1) would impose an undue 27 hardship on the employer; or (iii) the employment referred to 28 in subdivision (c)(2) is for a brief, nonrecurrent period and 29 there is no reasonable expectation that the employment will 30 continue indefinitely or for a significant period, the 31 employer has the burden of proving the impossibility or 32 unreasonableness, the undue hardship, or the brief or 33 nonrecurrent nature of the employment without a reasonable 34 expectation of continuing indefinitely or for a significant HB4457 Enrolled -5- LRB9214505DJmg 1 period. 2 (e) Subject to subsection (f), a member referred to in 3 subsection (a) shall, upon completion of a period of State 4 Active Duty, notify the employer referred to in subsection 5 (a) of the member's intent to return to a position of 6 employment with the employer as follows: 7 (1) In the case of a member whose period of State 8 Active Duty was less than 31 days, by reporting to the 9 employer: 10 (A) not later than the beginning of the first 11 full regularly scheduled work period on the first 12 full calendar day following completion of the period 13 of State Active Duty and the expiration of 8 hours 14 after a period allowing for safe transportation of 15 the member from the place of that duty to the 16 member's residence; or 17 (B) as soon as possible after the expiration 18 of the 8-hour period referred to in paragraph (A), 19 if reporting within that period is impossible or 20 unreasonable through no fault of the member. 21 (2) In the case of a member whose period of State 22 Active Duty was more than 30 days but less than 180 days, 23 by submitting an application for reemployment with the 24 employer not less than 14 days after completion of the 25 period of State Active Duty, or if submitting the 26 application within that period is impossible or 27 unreasonable through no fault of the member, the next 28 full calendar day when submission of the application 29 becomes possible. 30 (3) In the case of a member whose period of State 31 Active Duty was 180 days or more, by submitting an 32 application for reemployment with the employer not later 33 than 90 days after completion of the period of service. 34 (f) A member who is hospitalized for, or convalescing HB4457 Enrolled -6- LRB9214505DJmg 1 from, an illness or injury incurred in, or aggravated during, 2 the performance of a period of State Active Duty shall, at 3 the end of the period that is necessary for the member to 4 recover from the illness or injury, report to the member's 5 employer or submit an application for reemployment with the 6 employer. The period of recovery shall not exceed 2 years, 7 except that the 2-year period shall be extended by the 8 minimum time required to accommodate the circumstances beyond 9 the member's control which make reporting within the 2-year 10 period impossible or unreasonable. 11 (g) A member who fails to report or apply for employment 12 or reemployment within the appropriate period specified in 13 this Section shall not automatically forfeit his or her 14 rights and benefits under subsection (a), but shall be 15 subject to the conduct rules, established policy, and general 16 practices of the employer pertaining to explanations and 17 discipline with respect to absence from scheduled work. 18 (h) A member who submits an application for reemployment 19 in accordance with this Article shall, upon the request of 20 the employer, provide to the employer documentation to 21 establish that: 22 (1) the member's application is timely; and 23 (2) the character of the member's service was 24 honorable, under honorable conditions, or otherwise 25 satisfactory. 26 The failure of a member to provide documentation as 27 prescribed in this subsection may not be the basis for 28 denying reemployment if the failure occurs because the 29 documentation does not exist or is not readily available at 30 the time of the employer's request. If, after reemployment, 31 documentation becomes available that establishes that the 32 member does not meet one or more of the requirements in 33 paragraph (1) or (2), the employer may terminate the member's 34 employment in accordance with the conduct rules, established HB4457 Enrolled -7- LRB9214505DJmg 1 policy, and general practices of the employer pertaining to 2 explanation and discipline with respect to absence from 3 scheduled work. An employer may not delay or attempt to 4 defeat a reemployment obligation by demanding documentation 5 that does not exist or is not then readily available. 6 (i) Except as otherwise provided by this subsection, a 7 member entitled to reemployment under this Article, upon 8 completion of a period of State Active Duty, shall be 9 promptly reemployed in the position of employment which he or 10 she left with the same increases in status, seniority, and 11 wages that were earned during his or her period of State 12 Active Duty by employees in like positions who were on the 13 job at the time the returning member entered State Active 14 Duty, or to a position of like seniority, status, and pay, 15 unless the employer's circumstances have so changed as to 16 make it impossible or unreasonable to do so. 17 If at the time of requesting reemployment, the member is 18 no longer physically, mentally, or otherwise qualified or 19 able to perform the duties of the position of employment 20 which he or she left due to disability acquired incident to 21 his or her service in State Active Duty, but is qualified and 22 able to perform the duties of any other position in the 23 employ of the employer, then the member shall be restored to 24 that other position, the duties of which he or she is 25 qualified and able to perform and that will provide him or 26 her with like seniority, status, and pay, or the nearest 27 approximation thereof consistent with the circumstances of 28 the case. 29 If a member enters State Active Duty and the position of 30 employment which he or she left is filled by one or more 31 employees who are also members of the National Guard and who 32 later enter State Active Duty, the members shall, upon 33 release from State Active Duty, be given preference in the 34 matter of reemployment in the order in which they entered HB4457 Enrolled -8- LRB9214505DJmg 1 State Active Duty, and the employer shall not be required to 2 retain more than one of them in his or her employ. 3 (j) Except as otherwise provided in this Section, each 4 member in the employ of a private employer or of the State of 5 Illinois or a political subdivision of the State who, for the 6 purpose of entering State Active Duty, has left or leaves 7 that employment but who has been rejected for State Active 8 Duty for lack of proper qualifications, shall be restored by 9 the employer (i) to the position of employment which the 10 member left with the same seniority, status, and wage 11 increases that an employee who was employed in that position 12 at the time the member left to enter State Active Duty earned 13 during the time the member was absent from employment because 14 of his or her attempt to enter State Active Duty or (ii) to a 15 position of like seniority, status, and pay, provided that at 16 the time of the rejection for State Active Duty the member is 17 qualified to perform the duties of the position of employment 18 which he or she left and has made application for 19 reemployment within the time period specified in subsection 20 (e) after receiving official notice of the rejection for 21 State Active Duty. 22 (20 ILCS 1805/30.20 new) 23 Sec. 30.20. Reemployment; benefits. 24 (a) Any member of the National Guard who is reemployed 25 or seeks reemployment to a position of employment in 26 accordance with the provisions of this Article, shall be 27 considered as having been on furlough or leave of absence 28 during his or her State Active Duty and shall be so 29 reemployed without loss of seniority and shall be entitled to 30 participate in insurance or other benefits offered by the 31 employer pursuant to established rules and practices relating 32 to employees on furlough or leave of absence in effect with 33 the employer at the time the member entered State Active HB4457 Enrolled -9- LRB9214505DJmg 1 Duty. The member shall not be discharged from the position 2 without cause within one year after reemployment. 3 (b) If an employer provides health insurance, an 4 exclusion or waiting period may not be imposed in connection 5 with coverage of a health or physical condition of a member 6 entitled to participate in that insurance under this Section, 7 or a health or physical condition of any other person who is 8 covered by the insurance by reason of the coverage of that 9 member, if: (i) the condition arose before or during that 10 member's period of State Active Duty; (ii) an exclusion or 11 waiting period would not have been imposed for the condition 12 during a period of coverage resulting from participation by 13 that member in the insurance; and (iii) the condition of that 14 member has not been determined to be service connected. 15 (20 ILCS 1805/30.25 new) 16 Sec. 30.25. Stay of prosecution. During and for a 17 period of 14 days after a period of training or duty in 18 excess of 29 days either under Title 32 of the United States 19 Code or under State Active Duty, a court having jurisdiction 20 over the enforcement of any civil obligation or liability, 21 the prosecution of any civil suit or proceeding, or the entry 22 or enforcement of any civil order, writ, judgment, or decree 23 may stay, postpone, or suspend the matter if the court 24 determines that a person's failure to meet the obligation is 25 the direct result of that period of training or duty. The 26 stay, postponement, or suspension of proceedings does not in 27 any way modify any condition, obligation, term, or liability 28 agreed upon or incurred by a person in military service 29 including but not limited to accrued interest, late fees, or 30 penalties. No stay, postponement, or suspension shall be 31 provided regarding any written agreement entered into, or 32 debt that is incurred, by the person during or after his or 33 her period of training or duty either under Title 32 of the HB4457 Enrolled -10- LRB9214505DJmg 1 United States Code or under State Active Duty. 2 (20 ILCS 1805/30.30 new) 3 Sec. 30.30. School attendance and tuition. Any person 4 in federal active duty under Title 10 of the United States 5 Code, or in training or duty under Title 32 of the United 6 States Code, or in State Active Duty, pursuant to the orders 7 of the Governor has the right to receive a full monetary 8 credit or refund for funds paid to any Illinois public 9 university, college, or community college if the person is 10 placed into a period of military service with the State of 11 Illinois pursuant to the orders of the Governor and is unable 12 to attend the university or college for a period of 7 or more 13 days. Withdrawal from the course shall not impact upon the 14 final grade point average of the person. If any person who 15 has been enrolled in any Illinois public university, college, 16 or community college is unable to process his or her 17 enrollment for the upcoming term, he or she shall have any 18 and all late penalties and or charges set aside, including 19 any and all late processing fees for books, lab fees, and all 20 items that were not in place because the person was engaged 21 in military service and was unable to enroll in the courses 22 at the appropriate time. The rights set forth in this 23 Section are in addition to any rights afforded to persons in 24 military service with the State of Illinois pursuant to the 25 orders of the Governor under the policies of an Illinois 26 public university, college, or community college. 27 (20 ILCS 1805/Art. VII heading) 28 ARTICLE VII. SEPARATION
THE RETIRED LIST29 (20 ILCS 1805/33 rep.) 30 Section 10. The Military Code of Illinois is amended by 31 repealing Section 33. HB4457 Enrolled -11- LRB9214505DJmg 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.
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