SB1904ham001 93RD GENERAL ASSEMBLY

Rep. Thomas Holbrook

Filed: 5/24/2004

09300SB1904ham001 LRB093 08690 JAM 51525 a

AMENDMENT TO SENATE BILL 1904

AMENDMENT NO. ______. Amend Senate Bill 1904 by replacing the title with the following:

"AN ACT concerning public employers."; and

by replacing everything after the enacting clause with the following:

"Section 5. The Military Leave of Absence Act is amended by changing Section 1 as follows:

(5 ILCS 325/1) (from Ch. 129, par. 501)

Sec. 1. Leave of absence.

(a) Any full-time employee of the State of Illinois, a unit of local government, or a school district, other than an independent contractor, who is a member of any reserve component of the United States Armed Forces or of any reserve component of the Illinois State Militia, shall be granted leave from his or her public employment for any period actively spent in military service, including:

(1) basic training;

(2) special or advanced training, whether or not within the State, and whether or not voluntary; and

(3) annual training.

During these leaves, the employee's seniority and other benefits shall continue to accrue.

During leaves for annual training, the employee shall continue to receive his or her regular compensation as a public employee. During leaves for basic training and up to 60 days of special or advanced training, if the employee's compensation for military activities is less than his or her compensation as a public employee, he or she shall receive his or her regular compensation as a public employee minus the amount of his or her base pay for military activities.

(a-5) For the purpose of this Act, leave for annual training includes either:

(1) Unit annual training. For an employee who is ordered to annual training as part of a military unit, annual training leave is limited to that unit's annual training period of consecutive calendar days for the federal fiscal year, as reflected in that unit's annual training order, but not to exceed 21 consecutive calendar days; or

(2) Individual annual training. For an employee who is not ordered to annual training as part of a military unit, annual training leave is limited per federal fiscal year to a maximum of either 21 consecutive calendar days or 15 cumulative calendar days of annual training or other active duty performed in lieu of annual training, as reflected in individual military orders or other appropriate documentation.

For each federal fiscal year, an employee is entitled to annual training leave for either one unit annual training period, as described in subparagraph (1) of this subsection (a-5), or individual annual training, as described in subparagraph (2) of this subsection (a-5), but not both. An employee must provide his or her employing State agency, unit of local government, or school district with a copy of the employee's military orders to support his or her claim for annual training leave.

(b) Any full-time employee of the State of Illinois, other than an independent contractor, who is a member of the Illinois National Guard or a reserve component of the United States Armed Forces or the Illinois State Militia and who is mobilized to active duty shall continue during the period of active duty to receive his or her benefits and regular compensation as a State employee, minus an amount equal to his or her military active duty base pay. The Department of Central Management Services and the State Comptroller shall coordinate in the development of procedures for the implementation of this Section.

(Source: P.A. 93-409, eff. 8-4-03; 93-537, eff. 1-1-04; revised 9-11-03.)

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