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Rep. Thomas Holbrook
Filed: 5/24/2004
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| AMENDMENT TO SENATE BILL 1904
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| AMENDMENT NO. ______. Amend Senate Bill 1904 by replacing |
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| the title with the following: |
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| "AN ACT concerning public employers."; and |
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| by replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Military Leave of Absence Act is amended by |
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| changing Section 1 as follows:
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| (5 ILCS 325/1) (from Ch. 129, par. 501)
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| Sec. 1. Leave of absence.
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| (a) Any full-time employee of the State of Illinois, a unit |
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| of local
government, or a school district, other than an |
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| independent
contractor, who is a member of any reserve
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| component of the United States Armed Forces or of any reserve |
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| component
of the Illinois State Militia, shall be granted leave |
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| from his or her
public employment
for any period actively spent |
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| in military
service, including:
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| (1) basic training;
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| (2) special or advanced training, whether or not within the |
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| State, and
whether or not voluntary; and
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| (3) annual training.
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| During these leaves, the employee's seniority
and other |
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| benefits shall continue
to accrue.
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| During leaves for annual training, the employee shall |
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| continue to receive
his or her regular compensation as a public |
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| employee.
During leaves for basic training and up to 60 days of |
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| special or advanced
training, if the employee's compensation |
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| for military activities
is less
than his or her compensation as |
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| a public employee, he or
she shall receive his or her regular
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| compensation as a public employee minus the amount of his or
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| her base pay for military
activities.
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| (a-5) For the purpose of this Act, leave for annual |
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| training includes either: |
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| (1) Unit annual training. For an employee who is |
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| ordered to annual training as part of a military unit, |
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| annual training leave is limited to that unit's annual |
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| training period of consecutive calendar days for the |
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| federal fiscal year, as reflected in that unit's annual |
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| training order, but not to exceed 21 consecutive calendar |
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| days; or |
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| (2) Individual annual training. For an employee who is |
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| not ordered to annual training as part of a military unit, |
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| annual training leave is limited per federal fiscal year to |
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| a maximum of either 21 consecutive calendar days or 15 |
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| cumulative calendar days of annual training or other active |
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| duty performed in lieu of annual training, as reflected in |
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| individual military orders or other appropriate |
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| documentation. |
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| For each federal fiscal year, an employee is entitled to |
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| annual training leave for either one unit annual training |
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| period, as described in subparagraph (1) of this subsection |
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| (a-5), or individual annual training, as described in |
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| subparagraph (2) of this subsection (a-5), but not both. An |
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| employee must provide his or her employing State agency, unit |
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| of local government, or school district with a copy of the |
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| employee's military orders to support his or her claim for |
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| annual training leave.
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| (b) Any full-time employee of the State of Illinois, other |
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| than an
independent contractor, who is a member of the Illinois |
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| National Guard or a
reserve component of the United States |
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| Armed Forces or the Illinois State
Militia and who is mobilized |
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| to active duty shall continue during the period of
active duty |
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| to receive his or her benefits and regular compensation as a |
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| State
employee, minus an amount equal to his or her military |
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| active duty base pay.
The
Department of Central Management |
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| Services and the State
Comptroller shall coordinate in the |
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| development of procedures for the
implementation of this |
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| Section.
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| (Source: P.A. 93-409, eff. 8-4-03; 93-537, eff. 1-1-04; revised |
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| 9-11-03.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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