Public Act 104-0078
 
SB0220 EnrolledLRB104 07180 SPS 17217 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Military Leave Act is amended by changing 
Sections 1, 5, 15, and 20 and by adding Section 12 as follows:
 
    (820 ILCS 151/1)
    Sec. 1. Short title. This Act may be cited as the Family 
Military Leave Act.
(Source: P.A. 94-589, eff. 8-15-05.)
 
    (820 ILCS 151/5)
    Sec. 5. Definitions. In this Act:
    "Authorized provider" means an individual or group 
recognized by the armed forces, who are not service members or 
employees of the United States government and who augment the 
uniformed members of a military funeral honors detail. 
"Authorized provider" may include, but is not limited to, 
veterans service organizations, trained volunteers of the 
Reserve Officer Training Corps, honor guards, and other 
appropriate individuals and organizations that support the 
rendering of military funeral honors. 
    "Employee" means any person who may be permitted, 
required, or directed by an employer in consideration of 
direct or indirect gain or profit to engage in any employment. 
"Employee" does include an independent contractor. "Employee" 
includes an employee of a covered employer who has been 
employed by the same employer for at least 12 months, and has 
been employed for at least 1,250 hours of service during the 
12-month period immediately preceding the commencement of the 
leave.
    "Employee benefits" means all benefits, other than salary 
and wages, provided or made available to employees by an 
employer and includes group life insurance, health insurance, 
disability insurance and pensions, regardless of whether 
benefits are provided by a policy or practice of an employer. 
    "Employer" means (1) any person, partnership, corporation, 
association, or other business entity; and (2) the State of 
Illinois, municipalities and other units of local government. 
    "Family military leave" means leave requested by an 
employee who is the spouse, parent, child, or grandparent of a 
person called to military service lasting longer than 30 days 
with the State or United States pursuant to the orders of the 
Governor or the President of the United States. 
    "Funeral honors detail" means an honor guard detail 
provided for the funeral of any veteran in compliance with 10 
U.S.C. 1491 and any associated federal regulations. A "funeral 
honors detail" consists of at least 2 members of the U.S. Armed 
Forces, one of whom is from the deceased veteran's service 
branch, with the remainder of the detail consisting of members 
of the armed forces, whether retired or not, or members of an 
authorized provider. The funeral honors detail performs at the 
funeral a ceremony that includes the folding of a United 
States flag and presentation of the flag to the veteran's 
family and the playing of "Taps". 
    "Veteran" means any person honorably discharged from, or 
released under honorable conditions from active service in, 
the armed forces who served as an eligible member. 
    "Veterans service organization" means an organization that 
is chartered under the Veteran Service Organizations State 
Charter Act or an organization that has been Congressionally 
chartered as a Patriotic and National Organization under 36 
U.S.C. Subtitle II, Part B. 
(Source: P.A. 96-1417, eff. 1-1-11.)
 
    (820 ILCS 151/12 new)
    Sec. 12. Paid leave for funeral honors details.
    (a) This Section applies to employers employing 51 or more 
employees.
    (b) An employee may use up to 8 hours per calendar month to 
participate in a funeral honors detail, up to a total of 40 
hours per calendar year, or more if authorized by his or her 
employer or if provided for in a collective bargaining 
agreement.
    (c) An employee qualifies for paid leave under this 
Section if the employee:
        (1) is trained to participate in a funeral honors 
    detail at the funeral of a veteran; and
        (2) is either:
            (A) a retired or active member of the armed forces 
        of the United States or a member of a reserve component 
        of the armed forces of the United States, including 
        the Illinois National Guard; or
            (B) an authorized provider, or a registered member 
        of a nonprofit or other organization that is an 
        authorized provider, including a member of a veterans 
        service organization.
    (d) An employee taking funeral honors detail leave shall 
give his or her employer reasonable notice, as is practicable.
    (e) An employer may request a confirmation from the 
relevant veterans service organization that dispatched the 
employee to the funeral honors detail, or any official notice 
provided to the employee in relation to the funeral honors 
detail, that can be used as proof of the employee's 
participation in the detail.
    (f) An employee that takes leave under this Section may do 
so in lieu of, and without having exhausted, his or her 
vacation leave, personal leave, compensatory leave, or any 
other leave that may be granted to the employee, including 
sick leave and disability leave.
    (g) An employer of an employee that takes leave under this 
Section must pay the employee his or her regular rate of pay 
for the leave taken to participate in a funeral honors detail.
    (h) An employer may deny a request for leave under this 
Section if granting the request would, at an independent 
living facility, assisted living facility, nursing home 
facility, or other similar congregate care facility or at a 
facility providing 24/7 care, reduce staffing levels to below 
the established minimum or impair the safe and efficient 
operations of the facility. An employer shall not deny leave 
under this subsection if doing so violates the terms of an 
applicable collective bargaining agreement.
 
    (820 ILCS 151/15)
    Sec. 15. Employee benefits protection. 
    (a) Any employee who exercises the right to family 
military leave or funeral honors detail leave under this Act, 
upon expiration of the leave, shall be entitled to be restored 
by the employer to the position held by the employee when the 
leave commenced or to a position with equivalent seniority 
status, employee benefits, pay and other terms and conditions 
of employment. This Section does not apply if the employer 
proves that the employee was not restored as provided in this 
Section because of conditions unrelated to the employee's 
exercise of rights under this Act. 
    (b) During any family military leave or funeral honors 
detail leave taken under this Act, the employer shall make it 
possible for employees to continue their benefits at the 
employee's expense. The employer and employee may negotiate 
for the employer to maintain benefits at the employer's 
expense for the duration of the leave. 
(Source: P.A. 94-589, eff. 8-15-05.)
 
    (820 ILCS 151/20)
    Sec. 20. Effect on existing employee benefits. 
    (a) Taking family military any leave under this Act shall 
not result in the loss of any employee benefit accrued before 
the date on which the leave commenced. 
    (b) Nothing in this Act shall be construed to affect an 
employer's obligation to comply with any collective bargaining 
agreement or employee benefit plan that provides greater leave 
rights to employees than the rights provided under this Act. 
    (c) The family military leave rights provided under this 
Act shall not be diminished by any collective bargaining 
agreement or employee benefit plan. 
    (d) Nothing in this Act shall be construed to affect or 
diminish the contract rights or seniority status of any other 
employee of any employer covered under this Act. 
(Source: P.A. 94-589, eff. 8-15-05.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.