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2005 Illinois 20 ILCS 1805/ Military Code of Illinois. Article V-a - National Guard Employment Rights

(20 ILCS 1805/Art. V‑A heading)
ARTICLE V‑A.

NATIONAL GUARD EMPLOYMENT RIGHTS

(20 ILCS 1805/30.1)

Sec. 30.1.

Article short title.

This Article may be cited as the
Illinois National Guard Employment Rights Law.

(Source: P.A. 92‑716, eff. 7‑24‑02.)

(20 ILCS 1805/30.5)

Sec. 30.5.

Public policy.

As a guide to the interpretation and
application of this Article, the
public policy of the State is declared as follows:

The United States has provided for the reemployment rights of members of
the Reserve Components of the armed forces, and of the National Guard of the
states, while serving in duty or training statuses pursuant to Title 10 or 32
of the United States Code, by enacting the Uniformed Services Employment and
Reemployment Rights Act, codified at Title 38, United States Code, Chapter 43.
The Uniformed Services Employment and Reemployment Rights Act, however, does
not provide any such protection to members of the National Guard serving the
states, including the State of Illinois, in a State Active Duty status pursuant
to orders of the Governor.

The United States has also provided relief from
certain civil obligations for personnel of the United States armed forces
serving on federal active duty under Title 10
of the United States Code, by enacting the Soldiers' and Sailors' Civil Relief
Act of 1940, codified at Title 50 Appendix, United States Code, Sections
501‑591. Members of the National Guard serving other than in such a federal
active duty status under Title 10 of the United States Code, however, are not
subject to, nor do they receive the protections of, the Soldiers' and Sailors'
Civil Relief Act of 1940.

As a constituent commonwealth of the United States,
and in accordance with the constitutions of the United States and of the State
of Illinois, the State of Illinois must provide for the defense of its citizens
and territory against domestic and foreign threats, and the Illinois National
Guard is an essential part of the State's ability to meet such threats.
It is
therefore declared to be the policy of the State of Illinois
(i)
to ensure the
readiness of members of the National Guard to execute missions assigned by
appropriate federal or State authorities by guaranteeing adequate protections
of their right to return to civilian employment upon completion of State Active
Duty and
(ii)
to grant members of the National Guard relief from certain civil obligations
while performing
periods of training or duty under Title 32 of the United States Code and State
Active Duty.

(Source: P.A. 92‑716, eff. 7‑24‑02.)

(20 ILCS 1805/30.10)

Sec. 30.10.

Definitions.


In this Article:

"National Guard" has the definition provided by federal law at 10 U.S.C.
101(c).

"Illinois National Guard" has the definition provided in Sections 5 and 7 of
this Code.

"Federal active duty under Title 10 of the United States Code" means
active federal service of members of the National Guard pursuant to any
provision of Chapter 1209 of Title 10 of the United States Code.

"Training or duty under Title 32 of the United States Code" means active
or inactive National Guard training or duty performed pursuant to Chapter 5 of
Title 32 of the United States Code and pursuant to the orders of the Governor.

"State Active Duty" means National Guard duty performed in the active
service of any state or United States territory or commonwealth in accordance
with that
jurisdiction's laws and pursuant to the orders of the Governor concerned. It
does not refer to active duty performed pursuant to Chapter 5 of Title 32 of
the United States Code and pursuant to the orders of the Governor.

"Political subdivision" means any unit
of local government or school district.

(Source: P.A. 92‑716, eff. 7‑24‑02.)

(20 ILCS 1805/30.15)

Sec. 30.15.

National Guard; State Active Duty; reemployment rights.

(a) Any member of the National Guard
("a member")
employed by a private employer in the
State of Illinois or by the State of Illinois or any political subdivision
of the State
whose absence from a position of employment is necessitated by reason
of being called to State Active Duty, whether or not voluntary, shall be
entitled to reemployment rights and benefits and other employment benefits
under this Article if:

(1) the member (or an appropriate officer of the

National Guard in which the service is performed) has given advance written or oral notice of the service, if reasonably possible;

(2) the member reports to, or submits an application

for reemployment to, the employer in accordance with the provisions of subsection (e); and

(3) the character of the member's service on State

Active Duty was honorable, under honorable conditions, or otherwise characterized as satisfactory.

(b) No notice is required under subsection (a) if precluded by military
necessity, or if the giving of the notice is not reasonably possible, under
all relevant circumstances. A written determination of military necessity for
the purposes of this subsection shall be made by the Adjutant General of
Illinois and shall not be subject to judicial review.

(c) An employer is not required to reemploy a member under this Section if:

(1) the employer's circumstances have so changed as

to make such reemployment impossible or unreasonable, or if reemployment would impose an undue hardship on the employer; or

(2) the employment from which the member leaves to

serve in the National Guard on State Active Duty is for a brief, nonrecurrent period and there is no reasonable expectation that the employment will continue indefinitely or for a significant period.

(d) In any proceeding involving an issue of whether (i) any reemployment
referred to in subsection (c) is impossible or unreasonable because of a change
in an employer's circumstances; (ii) any accommodation, training, or effort
referred to in subdivision (c)(1) would impose an undue hardship on the
employer; or (iii) the employment referred to in subdivision (c)(2) is for a
brief, nonrecurrent period and there is no
reasonable expectation that the employment will continue indefinitely or for a
significant period, the employer has the burden of proving the
impossibility or unreasonableness,
the
undue hardship, or the brief or nonrecurrent
nature of the employment without a reasonable expectation of continuing
indefinitely or for a significant period.

(e) Subject to subsection (f), a member referred to in subsection (a) shall,
upon completion of a period of State Active Duty, notify the employer referred
to in
subsection (a) of the member's intent to return to a position of
employment with the employer as follows:

(1) In the case of a member whose period of State

Active Duty was less than 31 days, by reporting to the employer:

(A) not later than the beginning of the first

full regularly scheduled work period on the first full calendar day following completion of the period of State Active Duty and the expiration of 8 hours after a period allowing for safe transportation of the member from the place of that duty to the member's residence; or

(B) as soon as possible after the expiration of

the 8‑hour period referred to in paragraph (A), if reporting within that period is impossible or unreasonable through no fault of the member.

(2) In the case of a member whose period of State

Active Duty was more than 30 days but less than 180 days, by submitting an application for reemployment with the employer not less than 14 days after completion of the period of State Active Duty, or if submitting the application within that period is impossible or unreasonable through no fault of the member, the next full calendar day when submission of the application becomes possible.

(3) In the case of a member whose period of State

Active Duty was 180 days or more, by submitting an application for reemployment with the employer not later than 90 days after completion of the period of service.

(f) A member who is hospitalized for, or convalescing from, an illness or
injury incurred in, or aggravated during, the performance of a period of State
Active Duty shall, at the end of the period that is necessary for the member to
recover from the illness or injury, report to the member's employer or submit
an application for reemployment with the employer. The period of recovery
shall not exceed 2 years, except that the 2‑year period shall be extended by
the minimum time required to accommodate the
circumstances beyond the member's control which make reporting within the
2‑year period impossible or unreasonable.

(g) A member who fails to report or apply for employment or
reemployment within the appropriate period specified in this Section shall
not automatically forfeit
his or her
rights and benefits
under
subsection (a), but shall be subject to the conduct rules,
established policy, and general practices of the employer pertaining to
explanations and discipline with respect to absence from scheduled work.

(h) A member who submits an application for reemployment in accordance with
this Article shall, upon
the
request of the employer, provide to the employer
documentation to establish that:

(1) the member's application is timely; and

(2) the character of the member's service was

honorable, under honorable conditions, or otherwise satisfactory.

The failure of a member to provide documentation as prescribed in this
subsection may not be the basis for denying reemployment if the failure
occurs because the documentation does not exist or is not readily available at
the time of
the employer's
request. If, after reemployment, documentation
becomes available that establishes that the member does not meet one or more
of the requirements in paragraph (1) or (2), the employer may terminate the
member's
employment
in accordance with the conduct rules, established
policy, and general practices of the employer pertaining to explanation and
discipline with respect to absence from scheduled work.
An employer may not delay or attempt to defeat a reemployment
obligation by demanding documentation that does not exist or is not then
readily available.

(i) Except as otherwise provided by this subsection, a member entitled to
reemployment under this Article, upon completion of a period of State Active
Duty,
shall be promptly reemployed in the position of employment which he or she left
with the same increases in status, seniority, and wages that were earned during
his or her period of State Active Duty by employees in like positions who were
on the job at the time the returning member entered State Active Duty, or to a
position of like seniority, status, and pay, unless the employer's
circumstances
have so changed as to make it impossible or unreasonable to do so.

If at the time of requesting reemployment, the member is no longer
physically,
mentally, or otherwise qualified or able to perform the duties of the position
of
employment which he or she left due to disability acquired incident to his or
her service in State Active Duty, but is qualified and able to perform the
duties of any other position in the employ of the employer, then the
member
shall be restored to that other position, the duties of which he or she is
qualified and able to perform and that will provide him or her with like
seniority,
status, and pay, or the nearest approximation thereof consistent with the
circumstances of the case.

If a member enters State Active Duty and the
position of employment which he or she left is filled by one or more employees
who are also members of the
National Guard and who later enter State Active Duty, the members shall, upon
release from State Active Duty, be given preference in the matter of
reemployment in the order in which
they entered State Active Duty, and the employer shall not be required to
retain more than one of them in his or her employ.

(j) Except as otherwise provided in this Section,
each member in the employ of a private employer or of the State of
Illinois or a political subdivision of the State
who,
for the purpose of entering State Active Duty, has left or leaves that
employment
but who has been rejected
for State Active Duty
for lack of proper qualifications, shall
be
restored by the employer
(i)
to the position of employment which
the member left
with the same seniority, status, and wage increases that an employee who was
employed in that position
at the time
the member
left to enter State Active Duty earned during the
time
the member
was absent from employment
because of his or her attempt to enter State Active Duty or
(ii)
to a position of
like seniority, status, and pay, provided that at the time of
the
rejection
for State Active Duty the member
is qualified to perform the duties of the position of employment which
he or she left and has made application for reemployment within the time period
specified in subsection (e) after
receiving official notice of the
rejection for State Active Duty.

(Source: P.A. 92‑716, eff. 7‑24‑02.)

(20 ILCS 1805/30.20)

Sec. 30.20.

Reemployment; benefits.

(a) Any member of the National Guard
who is reemployed or seeks
reemployment to a position of employment in
accordance with the provisions of this Article, shall be considered as having
been on furlough or leave of absence during his
or her State Active Duty and shall
be so reemployed without loss of seniority and shall be entitled to
participate in insurance or other benefits offered by the employer pursuant
to established rules and practices relating to employees on furlough or
leave of absence in effect with the employer at the time the
member entered State Active Duty.
The member shall not be discharged from the
position without cause within one year after
reemployment.

(b) If an employer provides health insurance, an exclusion or waiting period
may not be imposed in connection with coverage of a health or physical
condition of a member
entitled to participate in that insurance under this
Section, or a health or physical condition of any other person who is covered
by the insurance by reason of the coverage of that
member, if: (i) the condition
arose before or during that
member's period of State Active Duty;
(ii) an exclusion or waiting period would not have been imposed for the
condition
during a period of coverage resulting from participation by that
member
in the
insurance; and (iii) the condition of that
member
has not been determined to be
service connected.

(Source: P.A. 92‑716, eff. 7‑24‑02.)

(20 ILCS 1805/30.25)

Sec. 30.25.

Stay of prosecution.

During and for a period of 14 days
after a period of
training or duty in excess of 29 days either under Title 32 of the United
States Code or under State Active Duty, a court having jurisdiction over the
enforcement of
any civil obligation or
liability, the prosecution of any civil suit or proceeding, or the entry or
enforcement
of any civil order, writ, judgment, or decree may stay, postpone, or suspend
the matter if the court
determines that a person's failure to meet the obligation is the direct
result
of that period of
training or duty.  The stay, postponement, or
suspension of
proceedings does not in any way modify any condition, obligation, term, or
liability agreed upon or incurred by a person in military service including but
not limited to
accrued interest, late fees, or
penalties.  No stay, postponement, or suspension shall be provided regarding
any
written agreement entered into, or debt that is incurred, by the person during
or after his or her period
of
training or duty either under Title 32 of the United States Code or under
State Active Duty.

(Source: P.A. 92‑716, eff. 7‑24‑02.)

(20 ILCS 1805/30.30)

Sec. 30.30.

School attendance and tuition.

Any person in
federal active duty under Title 10 of the United States Code, or in
training or duty under Title 32 of the United States Code, or in
State Active Duty,
pursuant to the orders of the Governor has the
right to receive a full
monetary credit or refund for
funds paid
to any
Illinois public university, college, or community college if the person is
placed into a period of military
service with the State of Illinois pursuant to the orders of the Governor and
is unable to attend the university or college for a period of 7 or
more days.
Withdrawal from the course shall not impact upon the final
grade point average of the person.  If any person who has been enrolled in any
Illinois public university, college, or community college is unable to process
his or her enrollment for the upcoming
term, he or she shall have any and all late penalties and or charges set aside,
including any and all late processing fees for books, lab fees, and all
items that were not in place because the person was engaged in military service
and was unable to enroll in the courses at the appropriate time.  The rights
set forth in this Section are in addition to any rights afforded to persons in
military service with the State of Illinois pursuant to the orders of the
Governor under the policies of an Illinois public university, college, or
community college.

(Source: P.A. 92‑716, eff. 7‑24‑02.)

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