ST15 Illinois (December 2007; Updated August 2010)
1.18: USERRA and Other Laws
2.0: Paid Leave

Paid Military Leave for Public Employees in Illinois

By CAPT Samuel F. Wright, JAGC, USN (Ret.)

Illinois offers a generous financial outlay to employees of the state and political subdivisions serving not only in the federal Reserve Components and National Guard but the Illinois State Militia, too.

In addition to providing "regular compensation" during annual training, the state law explicitly mentions leave for basic and advanced training and offers differential pay for a portion of time spent on such training. Differential pay is also offered to employees mobilized to active duty.

Here is the law concerning paid military leave for employees of the State of Illinois and its political subdivisions:

"Sec. 1. Leave of absence. (a) 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;

"(3) annual training; and

(4) any other training or duty required by the United States Armed Forces.

"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, for and up to 60 days of special or advanced training, and for any other training or duty required by the United States Armed Forces, 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.

"(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." (5 Illinois Compiled Statutes, section 325/1.)

"A violation of this Act constitutes a civil rights violation under the Illinois Human Rights Act." (51 Illinois Compiled Statutes, section 325/1.01.)

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