104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1362
 
Introduced 1/28/2025, by Rep. Stephanie A. Kifowit
 
SYNOPSIS AS INTRODUCED:
 
330 ILCS 61/1-15
    Amends the Service Member Employment and Reemployment Rights Act. In a provision concerning differential compensation, changes the definition of "work days" to mean the actual number of shifts (rather than days) the employee would have worked during the period of military leave but for the service member's military obligation. Further provides that work days are tabulated without regard for the number of hours in a shift (rather than work day), regardless if the shift extends into the next day. Removes a provision providing that work hours that extend into the next calendar day count as 2 work days.


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A BILL FOR
 
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1    AN ACT concerning veterans.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Service Member Employment and Reemployment 
5Rights Act is amended by changing Section 1-15 as follows:
 
6    (330 ILCS 61/1-15)
7    Sec. 1-15. Differential compensation. 
8    (a) As used in this Section, "work days" are the actual 
9number of shifts days the employee would have worked during 
10the period of military leave but for the service member's 
11military obligation. "Work days" are tabulated without regard 
12for the number of hours in a shift, regardless if the shift 
13extends into the next day. work day. Work hours that extend 
14into the next calendar day count as 2 work days.
15    (b) Differential compensation under this Act is calculated 
16on a daily basis and only applies to days in which the employee 
17would have otherwise been scheduled or required to work as a 
18public employee. Differential compensation shall be paid to 
19all forms of active service except active service without pay. 
20Differential compensation is calculated as follows:
21        (1) To calculate differential compensation, subtract 
22    the daily rate of compensation for military service from 
23    the daily rate of compensation as a public employee. 
 
 
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1        (2) To calculate the daily rate of compensation as a 
2    public employee, divide the employee's regular 
3    compensation as a public employee during the pay period by 
4    the number of work days in the pay period.
5        (3) To calculate the daily rate of compensation for 
6    military service, divide the employee's base pay for the 
7    applicable military service by the number of calendar days 
8    in the month the service member was paid by the military. 
9    For purposes of inactive duty, the daily rate of 
10    compensation for military service is calculated in 
11    accordance with the applicable drill pay chart issued by 
12    Defense Finance and Accounting Services.
13(Source: P.A. 100-1101, eff. 1-1-19.)