2005 Illinois Code - Chapter 5 General Provisions 5 ILCS 325/ Military Leave of Absence Act.
(5 ILCS 325/0.01) (from Ch. 129, par. 500)
Sec. 0.01.
Short title.
This Act may be cited as the
Military Leave of Absence Act.
(Source: P.A. 86‑1324.)
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(5 ILCS 325/1) (from Ch. 129, par. 501)
(Text of Section from P.A. 93‑409)
Sec. 1.
Any full‑time employee of the State of Illinois, a unit of local
government, or a school district, other than an independent
contractor, who is a member of any reserve
component of the United States Armed Forces or of any reserve component
of the Illinois State Militia, shall be granted leave from his or her
public employment
for any period actively spent in military
service, including:
(1) basic training;
(2) special or advanced training, whether or not within the State, and
whether or not voluntary; and
(3) annual training.
During these leaves, the employee's seniority
and other benefits shall continue
to accrue.
During leaves for annual training, the employee shall continue to receive
his or her regular compensation as a public employee.
During leaves for basic training and up to 60 days of special or advanced
training, if the employee's compensation for military activities
is less
than his or her compensation as a public employee, he or
she shall receive his or her regular
compensation as a public employee minus the amount of his or
her base pay for military
activities.
(Source: P.A. 82‑679; 93‑409, eff. 8‑4‑03.)
(Text of Section from P.A. 93‑537)
Sec. 1.
Leave of absence.
(a) Any full‑time employee of the State of Illinois, other than an
independent contractor, who is a member of any reserve component of the United
States Armed Forces or of any reserve component of the Illinois State Militia,
shall be granted leave from State employment for any period actively spent in
such military service, including:
(1) basic training;
(2) special or advanced training, whether or not within the State, and
whether or not voluntary; and
(3) annual training.
During such leaves, the employee's seniority and other benefits shall
continue to accrue.
During leaves for annual training, the employee shall continue to receive
his regular compensation as a State employee.
During leaves for basic training and up to 60 days of special or advanced
training, if such employee's compensation for military activities is less
than his compensation as a State employee, he shall receive his regular
compensation as a State employee minus the amount of his base pay for military
activities.
(b) Any full‑time employee of the State of Illinois, other than an
independent contractor, who is a member of the Illinois National Guard or a
reserve component of the United States Armed Forces or the Illinois State
Militia and who is mobilized to active duty shall continue during the period of
active duty to receive his or her benefits and regular compensation as a State
employee, minus an amount equal to his or her military active duty base pay.
The
Department of Central Management Services and the State
Comptroller shall coordinate in the development of procedures for the
implementation of this Section.
(Source: P.A. 82‑679; 93‑537, eff. 1‑1‑04.)
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(5 ILCS 325/1.1)
Sec. 1.1.
Home rule.
A home rule unit may not regulate its employees in a
manner
that is inconsistent with this Act. This Section is a limitation under
subsection (i) of
Section 6, of Article VII of the Illinois Constitution on the concurrent
exercise by home
rule units of powers and functions exercised by the State.
(Source: P.A. 93‑409, eff. 8‑4‑03.)
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