Public Act 0162 94TH GENERAL ASSEMBLY

HB0593 Enrolled LRB094 06714 DRJ 36813 b

Public Act 094-0162

AN ACT concerning veterans.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Military Code of Illinois is amended by adding Section 22-10 as follows:

(20 ILCS 1805/22-10 new)

Sec. 22-10. Notice of provisions of Service Member's Employment Tenure Act. Whenever a member of the Illinois National Guard is called to active military duty pursuant to a declaration of war by the Congress or by the President under the War Powers Act or by the Governor in time of declared emergency or for quelling civil insurrection, the Adjutant General shall ensure that the member is expeditiously given written notice of the provisions of Sections 4 and 4.5 of the Service Member's Employment Tenure Act.

Section 10. The Service Member's Employment Tenure Act is amended by adding Section 4.5 as follows:

(330 ILCS 60/4.5 new)

Sec. 4.5. Copy of employment offer.

(a) If an employer has given an individual a date upon which that individual is to commence performing services for the employer but the individual is called to active military duty pursuant to a declaration of war by the Congress or by the President under the War Powers Act or by the Governor in time of declared emergency or for quelling civil insurrection before the date on which the individual's services were to have commenced, then the employer, upon request made by the individual, shall provide the individual with a written copy of the employment offer. The written copy of the employment offer must include at least the following:

(1) A statement repeating the offer of work and the date on which the services were to be first performed.

(2) A statement describing the job title or duties to be performed.

(3) A statement showing the remuneration offered.

(4) The signature of the employer.

(b) If an individual, upon honorable discharge from the military or satisfactory completion of his or her military service under the laws of the United States, is at the time of such discharge or completion of duty still qualified to perform the duties of the position for which he or she was first offered employment, and if the individual makes application with the employer within 90 days after he or she is relieved from such military service, then the individual shall be given preference for employment with that employer. If circumstances have so changed as to make it impossible or unreasonable for the employer to employ the individual immediately, however, the individual shall remain eligible to begin such employment for a period of up to one year after the date the individual first notified the employer of his or her desire to perform such services.

(c) This Section does not apply if the original offer of work was limited to part-time employment, temporary employment, or casual labor.

(d) Nothing in this Section shall require an employer to hold a job position open, violate any employment law, collectively bargained employment recall, or other employment obligation, or create additional employment to satisfy the requirements of this Section.

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

Effective Date: 07/11/2005