Bill Text: IL SB3251 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB3251 Detail]
Download: Illinois-2017-SB3251-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Military Leave of Absence Act is amended by | |||||||||||||||||||
5 | changing Section 1 as follows:
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6 | (5 ILCS 325/1) (from Ch. 129, par. 501)
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7 | Sec. 1. Leave of absence.
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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
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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
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15 | public employment
for any period actively spent in military
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16 | service, including: | |||||||||||||||||||
17 | (1) basic training;
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18 | (2) special or advanced training, whether or not within | |||||||||||||||||||
19 | the State, and
whether or not voluntary;
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20 | (3) annual training; and
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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.
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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
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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
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10 | compensation as a public employee minus the amount of his or
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11 | her base pay for military
activities.
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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
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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.
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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.
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20 | (Source: P.A. 98-347, eff. 8-14-13.)
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