Rep. Donald L. Moffitt
Filed: 3/1/2005
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 593




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    AMENDMENT NO. ______. Amend House Bill 593 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Military Code of Illinois is amended  by 
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adding Section 22-10 as follows:
 
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    (20 ILCS 1805/22-10  new)
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    Sec. 22-10. Notice of provisions of Service Member's 
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Employment Tenure Act. Whenever a member of the Illinois 
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National Guard is called to active military duty pursuant to a 
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declaration of war by the Congress or by the President under 
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the War Powers Act or by the Governor in time of declared 
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emergency or for quelling civil insurrection, the Adjutant 
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General shall ensure that the member is expeditiously given 
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written notice of the provisions of Sections 4 and 4.5 of the 
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Service Member's Employment Tenure Act.
 
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    Section 10. The Service Member's Employment Tenure Act is 
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amended  by adding Section 4.5 as follows:
 
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    (330 ILCS 60/4.5  new)
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    Sec. 4.5. Copy of employment offer.
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    (a) If an employer has given an individual a date upon 
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which that individual is to commence performing services for 
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the employer but the individual is called to active military 
 


 






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duty pursuant to a declaration of war by the Congress or by the 
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President under the War Powers Act or by the Governor in time 
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of declared emergency or for quelling civil insurrection before 
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the date on which the individual's services were to have 
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commenced, then the employer, upon request made by the 
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individual, shall provide the individual with a written copy of 
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the employment offer. The written copy of the employment offer 
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must  include at least the following:
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        (1) A statement repeating the offer of work and the 
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    date on which the services were to be first performed.
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        (2) A statement describing the job title or duties to 
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    be performed.
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        (3) A statement showing the remuneration offered.
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        (4) The signature of the employer.
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    (b) If an individual, upon honorable discharge from the 
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military or satisfactory completion of his or her military 
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service under the laws of the United States, is at the time of 
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such discharge or completion of duty still qualified to perform 
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the duties of the position for which he or she was first 
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offered employment, and if the individual makes application 
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with the employer within 90 days after he or she is relieved 
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from such military service, then the individual shall be given 
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preference for employment with that employer. If circumstances 
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have so changed as to make it impossible or unreasonable for 
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the employer to employ the individual immediately, however, the 
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individual shall remain eligible to begin such employment for a 
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period of up to one year after the date the individual first 
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notified the employer of his or her desire to perform such 
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services.
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    (c) This Section does not apply if the original offer of 
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work was limited to part-time employment, temporary 
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employment, or casual labor.
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    (d) Nothing in this Section shall require an employer to 
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hold a job position open, violate any employment law, 
 


 






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collectively bargained employment recall, or other employment 
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obligation, or  create additional employment to satisfy the 
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requirements of this Section.
 

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