Public Act 098-0347
 
SB2163 EnrolledLRB098 08745 JDS 38870 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Military Leave of Absence Act is amended  by 
changing Section 1 as follows:
 



    (5 ILCS 325/1)  (from Ch. 129, par. 501)



    Sec. 1. Leave of absence. 

    (a) Any full-time employee of the State of Illinois, a unit 
of local
government, a public institution of higher education 
(as defined in Section 1 of the Board of Higher Education Act), 
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 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 daily rate of compensation for military activities

is less
than his or her daily rate of 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 or a 
public institution of higher education (as defined in Section 1 
of the Board of Higher Education Act), 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.

    (c) In making the calculations required under this Section, 
the applicable governmental unit shall: 
        (1) determine the employee's daily rate of 
    compensation as a public employee by dividing the 
    employee's regular compensation as a public employee 
    during the pay period by the number of work days in the pay 
    period;
        (2) determine the employee's daily rate of 
    compensation for military activities by dividing the 
    employee's base pay for the applicable military activities 
    by the number of calendar days in the month; and
        (3) provide for an offset  from the employee's gross 
    compensation of the lesser of (i) the amount determined 
    under paragraph (1) of this subsection (c) multiplied by 
    the number of days that the public employee would have 
    otherwise been required to  work for the applicable 
    governmental unit during the pay period or (ii) the amount 
    determined under paragraph (2) of this subsection 
    multiplied by the number of days that the public employee 
    would have otherwise been required to  work for the 
    applicable governmental unit during the pay period.
    (d) 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. 95-331, eff. 8-21-07; 96-346, eff. 1-1-10.)

  
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.