Illinois 2025-2026 Regular Session

Illinois House Bill HB1362 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1362 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 330 ILCS 61/1-15 Amends the Service Member Employment and Reemployment Rights Act. In a provision concerning differential compensation, changes the definition of "work days" to mean the actual number of shifts (rather than days) the employee would have worked during the period of military leave but for the service member's military obligation. Further provides that work days are tabulated without regard for the number of hours in a shift (rather than work day), regardless if the shift extends into the next day. Removes a provision providing that work hours that extend into the next calendar day count as 2 work days. LRB104 04440 KTG 14467 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1362 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 330 ILCS 61/1-15 330 ILCS 61/1-15 Amends the Service Member Employment and Reemployment Rights Act. In a provision concerning differential compensation, changes the definition of "work days" to mean the actual number of shifts (rather than days) the employee would have worked during the period of military leave but for the service member's military obligation. Further provides that work days are tabulated without regard for the number of hours in a shift (rather than work day), regardless if the shift extends into the next day. Removes a provision providing that work hours that extend into the next calendar day count as 2 work days. LRB104 04440 KTG 14467 b LRB104 04440 KTG 14467 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1362 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
	3	+	330 ILCS 61/1-15 330 ILCS 61/1-15
	4	+	330 ILCS 61/1-15
	5	+	Amends the Service Member Employment and Reemployment Rights Act. In a provision concerning differential compensation, changes the definition of "work days" to mean the actual number of shifts (rather than days) the employee would have worked during the period of military leave but for the service member's military obligation. Further provides that work days are tabulated without regard for the number of hours in a shift (rather than work day), regardless if the shift extends into the next day. Removes a provision providing that work hours that extend into the next calendar day count as 2 work days.
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	8	+	A BILL FOR
	9	+	HB1362LRB104 04440 KTG 14467 b HB1362 LRB104 04440 KTG 14467 b
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3	11		1 AN ACT concerning veterans.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Service Member Employment and Reemployment
7		-	5 Rights Act is amended by changing ~~Sections 1-10,~~ 1-15~~, 5-5,~~
8		-	6 ~~and 5-10 as follows:~~
9		-	7 ~~(330 ILCS 61/~~1-~~10)~~
10		-	8 ~~Sec. 1-10. Definitions.~~ As used in this ~~Act:~~
11		-	9 ~~"Accrue" means to accumulate in regular or increasing~~
12		-	10 ~~amounts over time subject to customary allocation~~ of ~~cost.~~
13		-	11 "~~Active duty~~" ~~means any full-time~~ ~~military service~~
14		-	12 ~~regardless~~ of ~~length or voluntariness including~~, ~~but not~~
15		-	13 ~~limited to,~~ ~~annual training,~~ ~~full-time National Guard duty,~~
16		-	14 ~~and State active duty~~. ~~"Active duty" does not include any form~~
17		-	15 ~~of inactive duty service such as drill duty or muster duty.~~
18		-	16 ~~"Active duty", unless provided otherwise,~~ ~~includes active duty~~
19		-	17 ~~without pay.~~
20		-	18 ~~"Active service"~~ ~~means all forms of active and inactive~~
21		-	19 ~~duty regardless~~ of ~~voluntariness including,~~ ~~but not limited~~
22		-	20 ~~to, annual training,~~ ~~active duty for training, initial active~~
23		-	21 ~~duty training~~, ~~overseas training duty, full-time National~~
24		-	22 ~~Guard duty,~~ ~~active duty other than training,~~ ~~State active~~
25		-	23 ~~duty, mobilizations,~~ ~~and muster duty~~. ~~"Active service" does~~
	15	+	5 Rights Act is amended by changing Section 1-15 as follows:
	16	+	6 (330 ILCS 61/1-15)
	17	+	7 Sec. 1-15. Differential compensation.
	18	+	8 (a) As used in this Section, "work days" are the actual
	19	+	9 number of shifts days the employee would have worked during
	20	+	10 the period of military leave but for the service member's
	21	+	11 military obligation. "Work days" are tabulated without regard
	22	+	12 for the number of hours in a shift, regardless if the shift
	23	+	13 extends into the next day. work day. Work hours that extend
	24	+	14 into the next calendar day count as 2 work days.
	25	+	15 (b) Differential compensation under this Act is calculated
	26	+	16 on a daily basis and only applies to days in which the employee
	27	+	17 would have otherwise been scheduled or required to work as a
	28	+	18 public employee. Differential compensation shall be paid to
	29	+	19 all forms of active service except active service without pay.
	30	+	20 Differential compensation is calculated as follows:
	31	+	21 (1) To calculate differential compensation, subtract
	32	+	22 the daily rate of compensation for military service from
	33	+	23 the daily rate of compensation as a public employee.
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34		-	1 not include absences to work as a military technician,
35		-	2 sometimes known as a federal dual-status technician. "Active
36		-	3 service", unless provided otherwise, includes active service
37		-	4 without pay. "Active service" includes:
38		-	5 (1) Reserve component voluntary active service means
39		-	6 service under one of the following authorities:
40		-	7 (A) any duty under 32 U.S.C. 502(f)(1)(B);
41		-	8 (B) active guard reserve duty, operational
42		-	9 support, or additional duty under 10 U.S.C. 12301(d)
43		-	10 or 32 U.S.C. 502(f)(1)(B);
44		-	11 (C) funeral honors under 10 U.S.C. 12503 or 32
45		-	12 U.S.C. 115;
46		-	13 (D) duty at the National Guard Bureau under 10
47		-	14 U.S.C. 12402;
48		-	15 (E) unsatisfactory participation under 10 U.S.C.
49		-	16 10148 or 10 U.S.C. 12303;
50		-	17 (F) discipline under 10 U.S.C. 802(d);
51		-	18 (G) extended active duty under 10 U.S.C. 12311;
52		-	19 and
53		-	20 (H) reserve program administrator under 10 U.S.C.
54		-	21 10211.
55		-	22 (2) Reserve component involuntary active service
56		-	23 includes, but is not limited to, service under one of the
57		-	24 following authorities:
58		-	25 (A) annual training or drill requirements under 10
59		-	26 U.S.C. 10147, 10 U.S.C. 12301(b), or 32 U.S.C. 502(a);
	37	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1362 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
	38	+	330 ILCS 61/1-15 330 ILCS 61/1-15
	39	+	330 ILCS 61/1-15
	40	+	Amends the Service Member Employment and Reemployment Rights Act. In a provision concerning differential compensation, changes the definition of "work days" to mean the actual number of shifts (rather than days) the employee would have worked during the period of military leave but for the service member's military obligation. Further provides that work days are tabulated without regard for the number of hours in a shift (rather than work day), regardless if the shift extends into the next day. Removes a provision providing that work hours that extend into the next calendar day count as 2 work days.
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	43	+	A BILL FOR
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	49	+	330 ILCS 61/1-15
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70		-	1 (B) additional training duty or other duty under
71		-	2 32 U.S.C. 502(f)(1)(A);
72		-	3 (C) pre-planned or pre-programmed combatant
73		-	4 commander support under 10 U.S.C. 12304b;
74		-	5 (D) mobilization under 10 U.S.C. 12301(a) or 10
75		-	6 U.S.C. 12302;
76		-	7 (E) presidential reserve call-up under 10 U.S.C.
77		-	8 12304;
78		-	9 (F) emergencies and natural disasters under 10
79		-	10 U.S.C. 12304a or 14 U.S.C. 712;
80		-	11 (G) muster duty under 10 U.S.C. 12319;
81		-	12 (H) retiree recall under 10 U.S.C. 688;
82		-	13 (I) captive status under 10 U.S.C. 12301(g);
83		-	14 (J) insurrection under 10 U.S.C. 331, 10 U.S.C.
84		-	15 332, or 10 U.S.C. 12406;
85		-	16 (K) pending line of duty determination for
86		-	17 response to sexual assault under 10 U.S.C. 12323; and
87		-	18 (L) initial active duty for training under 10
88		-	19 U.S.C. 671.
89		-	20 Reserve component active service not listed in paragraph
90		-	21 (1) or (2) shall be considered involuntary active service
91		-	22 under paragraph (2).
92		-	23 "Active service without pay" means active service
93		-	24 performed under any authority in which base pay is not
94		-	25 received regardless of other allowances.
95		-	26 "Annual training" means any active duty performed under
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106		-	1 Section 10147 or 12301(b) of Title 10 of the United States Code
107		-	2 or under Section 502(a) of Title 32 of the United States Code.
108		-	3 "Base pay" means the main component of military pay,
109		-	4 whether active or inactive, based on rank and time in service.
110		-	5 It does not include the addition of conditional funds for
111		-	6 specific purposes such as allowances, incentive and special
112		-	7 pay. Base pay, also known as basic pay, can be determined by
113		-	8 referencing the appropriate military pay chart covering the
114		-	9 time period in question located on the federal Defense Finance
115		-	10 and Accounting Services website or as reflected on a federal
116		-	11 Military Leave and Earnings Statement.
117		-	12 "Benefits" includes, but is not limited to, the terms,
118		-	13 conditions, or privileges of employment, including any
119		-	14 advantage, profit, privilege, gain, status, account, or
120		-	15 interest, including wages or salary for work performed, that
121		-	16 accrues by reason of an employment contract or agreement or an
122		-	17 employer policy, plan, or practice and includes rights and
123		-	18 benefits under a pension plan, a health plan, an employee
124		-	19 stock ownership plan, insurance coverage and awards, bonuses,
125		-	20 severance pay, supplemental unemployment benefits, vacations,
126		-	21 and the opportunity to select work hours or location of
127		-	22 employment.
128		-	23 "Differential compensation" means pay due when the
129		-	24 employee's daily rate of compensation for military service is
130		-	25 less than his or her daily rate of compensation as a public
131		-	26 employee.
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142		-	1 "Employee" means anyone employed by an employer.
143		-	2 "Employee" includes any person who is a citizen, national, or
144		-	3 permanent resident of the United States employed in a
145		-	4 workplace that the State has legal authority to regulate
146		-	5 business and employment. "Employee" does not include an
147		-	6 independent contractor.
148		-	7 "Employer" means any person, institution, organization, or
149		-	8 other entity that pays salary or wages for work performed or
150		-	9 that has control over employment opportunities, including:
151		-	10 (1) a person, institution, organization, or other
152		-	11 entity to whom the employer has delegated the performance
153		-	12 of employment-related responsibilities;
154		-	13 (2) an employer of a public employee;
155		-	14 (3) any successor in interest to a person,
156		-	15 institution, organization, or other entity referred to
157		-	16 under this definition; and
158		-	17 (4) a person, institution, organization, or other
159		-	18 entity that has been denied initial employment in
160		-	19 violation of Section 5-15.
161		-	20 "Inactive duty" means inactive duty training, including
162		-	21 drills, consisting of regularly scheduled unit training
163		-	22 assemblies, additional training assemblies, periods of
164		-	23 appropriate duty or equivalent training, and any special
165		-	24 additional duties authorized for reserve component personnel
166		-	25 by appropriate military authority. "Inactive duty" does not
167		-	26 include active duty.
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178		-	1 "Military leave" means a furlough or leave of absence
179		-	2 while performing active service. It cannot be substituted for
180		-	3 accrued vacation, annual, or similar leave with pay except at
181		-	4 the sole discretion of the service member employee. It is not a
182		-	5 benefit of employment that is requested but a legal
183		-	6 requirement upon receiving notice of pending military service.
184		-	7 "Military service" means:
185		-	8 (1) Service in the Armed Forces of the United States,
186		-	9 the National Guard of any state or territory regardless of
187		-	10 status, and the State Guard as defined in the State Guard
188		-	11 Act. "Military service", whether active or reserve,
189		-	12 includes service under the authority of U.S.C. Titles 10,
190		-	13 14, or 32, or State active duty.
191		-	14 (2) Service in a federally recognized auxiliary of the
192		-	15 United States Armed Forces when performing official duties
193		-	16 in support of military or civilian authorities as a result
194		-	17 of an emergency.
195		-	18 (3) A period for which an employee is absent from a
196		-	19 position of employment for the purpose of medical or
197		-	20 dental treatment for a condition, illness, or injury
198		-	21 sustained or aggravated during a period of active service
199		-	22 in which treatment is paid by the United States Department
200		-	23 of Defense Military Health System.
201		-	24 "Orders in lieu of annual training" means any paid active
202		-	25 duty performed by a service member which has been designated
203		-	26 by that service member's military authority as a replacement
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214		-	1 or substitution of that service member's annual training
215		-	2 obligation. Employers may request documentation from a service
216		-	3 member's military unit to confirm that periods of military
217		-	4 service qualify as orders in lieu of annual training.
218		-	5 "Public employee" means any person classified as a
219		-	6 full-time employee of the State of Illinois, a unit of local
220		-	7 government, a public institution of higher education as
221		-	8 defined in Section 1 of the Board of Higher Education Act, or a
222		-	9 school district, other than an independent contractor.
223		-	10 "Reserve component" means the reserve components of
224		-	11 Illinois and the United States Armed Forces regardless of
225		-	12 status.
226		-	13 "Service member" means any person who is a member of a
227		-	14 military service.
228		-	15 "State active duty" means full-time State-funded military
229		-	16 duty under the command and control of the Governor and subject
230		-	17 to the Military Code of Illinois.
231		-	18 "Unit of local government" means any city, village, town,
232		-	19 county, or special district.
233		-	20 (Source: P.A. 102-1030, eff. 5-27-22; 103-154, eff. 6-30-23.)
234		-	21 (330 ILCS 61/1-15)
235		-	22 Sec. 1-15. Differential compensation.
236		-	23 (a) As used in this Section, "work days" are the actual
237		-	24 number of shifts days the employee would have worked during
238		-	25 the period of military leave but for the service member's
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249		-	1 military obligation. "Work days" are tabulated up to 24
250		-	2 continuous hours in a shift, regardless if the shift extends
251		-	3 into the next calendar day. A shift that extends beyond 24
252		-	4 continuous hours will be calculated as an additional work day.
253		-	5 without regard for the number of hours in a work day. Work
254		-	6 hours that extend into the next calendar day count as 2 work
255		-	7 days.
256		-	8 (b) Differential compensation under this Act is calculated
257		-	9 on a daily basis and only applies to days in which the employee
258		-	10 would have otherwise been scheduled or required to work as a
259		-	11 public employee. Differential compensation shall be paid to
260		-	12 all forms of active service except active service without pay.
261		-	13 Differential compensation is calculated as follows:
262		-	14 (1) To calculate differential compensation, subtract
263		-	15 the daily rate of compensation for military service from
264		-	16 the daily rate of compensation as a public employee.
265		-	17 (2) To calculate the daily rate of compensation as a
266		-	18 public employee, divide the employee's regular
267		-	19 compensation as a public employee during the pay period by
268		-	20 the number of work days in the pay period.
269		-	21 (3) To calculate the daily rate of compensation for
270		-	22 military service, divide the employee's base pay for the
271		-	23 applicable military service by the number of calendar days
272		-	24 in the month the service member was paid by the military.
273		-	25 For purposes of inactive duty, the daily rate of
274		-	26 compensation for military service is calculated in
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285		-	1 accordance with the applicable drill pay chart issued by
286		-	2 Defense Finance and Accounting Services.
287		-	3 (Source: P.A. 100-1101, eff. 1-1-19.)
288		-	4 (330 ILCS 61/5-5)
289		-	5 Sec. 5-5. Basic protections. This Section incorporates
290		-	6 Sections 4304, 4312, 4313, 4316, 4317, and 4318 of the
291		-	7 Uniformed Services Employment and Reemployment Rights Act
292		-	8 under Title 38 of the United States Code, as may be amended,
293		-	9 including case law and regulations promulgated under that Act,
294		-	10 subject to the following:
295		-	11 (1) For the purposes of this Section, all employment
296		-	12 rights shall be extended to all employees in military
297		-	13 service under this Act, unless otherwise stated.
298		-	14 (2) Military leave. A service member employee is not
299		-	15 required to get permission from his or her employer for
300		-	16 military leave. The service member employee is only
301		-	17 required to give such employer advance notice of pending
302		-	18 service. This advance notice entitles a service member
303		-	19 employee to military leave.
304		-	20 An employer may not impose conditions for military
305		-	21 leave, such as work shift replacement, not otherwise
306		-	22 imposed by this Act or other applicable law. This
307		-	23 paragraph shall not be construed to prevent an employer
308		-	24 from providing scheduling options to employees in lieu of
309		-	25 paid military leave.
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320		-	1 A service member employee is not required to
321		-	2 accommodate his or her employer's needs as to the timing,
322		-	3 frequency, or duration of military leave; however,
323		-	4 employers are permitted to bring concerns over the timing,
324		-	5 frequency, or duration of military leave to the attention
325		-	6 of the appropriate military authority. The accommodation
326		-	7 of these requests are subject to military law and
327		-	8 discretion.
328		-	9 Military necessity as an exception to advance notice
329		-	10 of pending military leave for State active duty will be
330		-	11 determined by appropriate State military authority and is
331		-	12 not subject to judicial review.
332		-	13 For purposes of notice of pending military service
333		-	14 under paragraphs (2) or (3) of the definition of "military
334		-	15 service" under Section 1-10, an employer may require
335		-	16 notice by appropriate military authority on official
336		-	17 letterhead. For purposes of this paragraph, notice
337		-	18 exceptions do not apply.
338		-	19 (3) Service, efficiency, and performance rating. A
339		-	20 service member employee who is absent on military leave
340		-	21 shall, minimally, for the period of military leave, be
341		-	22 credited with the average of the efficiency or performance
342		-	23 ratings or evaluations received for the 3 years
343		-	24 immediately before the absence for military leave.
344		-	25 Additionally, the rating shall not be less than the rating
345		-	26 that he or she received for the rated period immediately
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356		-	1 prior to his or her absence on military leave. In
357		-	2 computing seniority and service requirements for promotion
358		-	3 eligibility or any other benefit of employment, the period
359		-	4 of military duty shall be counted as civilian service.
360		-	5 This paragraph does not apply to probationary periods.
361		-	6 (4) State active duty ineligible discharge. For
362		-	7 purposes of State active duty, a disqualifying discharge
363		-	8 or separation will be the State equivalent under the
364		-	9 Military Code of Illinois for purposes of ineligibility of
365		-	10 reemployment under the Uniformed Services Employment and
366		-	11 Reemployment Rights Act as determined by appropriate State
367		-	12 military authority.
368		-	13 (5) A retroactive upgrade of a disqualifying discharge
369		-	14 or release will restore reemployment rights providing the
370		-	15 service member employee otherwise meets this Act's
371		-	16 eligibility criteria.
372		-	17 (6) A service member whose employment with an employer
373		-	18 is interrupted by a period of active service shall be
374		-	19 permitted, upon request of that service member, to use
375		-	20 during such period of service any vacation, annual, or
376		-	21 similar leave with pay accrued by the service member
377		-	22 before the commencement of such period of active service.
378		-	23 No employer may require any such service member to use
379		-	24 vacation, annual, or similar leave during such period of
380		-	25 active service. This provision expressly applies to both
381		-	26 paid and unpaid active service, including, but not limited
382		-
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392		-	1 to: travel to and from military orders, rest periods
393		-	2 immediately before or after military orders, and military
394		-	3 service during which the service member does not receive
395		-	4 pay from the military.
396		-	5 (Source: P.A. 100-1101, eff. 1-1-19.)
397		-	6 (330 ILCS 61/5-10)
398		-	7 Sec. 5-10. Additional benefits for public employee members
399		-	8 of a reserve component.
400		-	9 (a) Concurrent compensation. During periods of military
401		-	10 leave for annual training or orders in lieu of annual
402		-	11 training, public employees shall continue to receive full
403		-	12 compensation as a public employee for up to 30 days per
404		-	13 calendar year and military leave for purposes of receiving
405		-	14 concurrent compensation may be performed nonsynchronously.
406		-	15 Public employees may receive concurrent compensation for both
407		-	16 annual training orders and orders in lieu of annual training
408		-	17 in the same calendar year; however, the combined total of
409		-	18 their concurrent compensation shall not exceed 30 days in a
410		-	19 calendar year.
411		-	20 (b) Differential Compensation. During periods of military
412		-	21 leave for active service, public employees shall receive
413		-	22 differential compensation subject to the following:
414		-	23 (1) Public employees may elect the use of accrued
415		-	24 vacation, annual, or similar leave with pay in lieu of
416		-	25 differential compensation during any period of military
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427		-	1 leave.
428		-	2 (2) Differential compensation for voluntary active
429		-	3 service under Section 1-10 is limited to 60 work days in a
430		-	4 calendar year.
431		-	5 (3) After a public employee is absent from his or her
432		-	6 employment for a consecutive period of 365 days while
433		-	7 performing voluntary active service, the employee's
434		-	8 entitlement to differential compensation shall be
435		-	9 terminated. Upon return to work with his or her employer
436		-	10 for more than 90 calendar days, the public employee's
437		-	11 right to differential pay shall be reinstated. Nothing in
438		-	12 this Section shall entitle a public employee to
439		-	13 differential pay in excess of 60 work days per calendar
440		-	14 year for voluntary active service.
441		-	15 (4) Public employees are not entitled to differential
442		-	16 pay under this Section for periods of unpaid active
443		-	17 service including, but not limited to: travel to and from
444		-	18 military orders, rest periods immediately before or after
445		-	19 military orders, and military service in which the public
446		-	20 employee does not receive pay from the military. (3)
447		-	21 Differential compensation shall not be paid for active
448		-	22 service without pay.
449		-	23 (5) (4) Public employees who have exhausted concurrent
450		-	24 compensation under subsection (a) of Section 5-10 in a
451		-	25 calendar year shall receive differential compensation when
452		-	26 authorized under subsection (b) of Section 5-10 in the
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463		-	1 same calendar year.
464		-	2 (c) Employer-based health plan benefits shall continue in
465		-	3 accordance with Section 5-5 of this Act, except the employer's
466		-	4 share of the full premium and administrative costs shall
467		-	5 continue to be paid by the employer for active duty.
468		-	6 (d) In the event that 20% or more employees of a unit of
469		-	7 local government are mobilized under 10 U.S.C. 12301(a), 10
470		-	8 U.S.C. 12302, 10 U.S.C. 12304, or 10 U.S.C. 12304a, or 14
471		-	9 U.S.C. 712 concurrently, additional benefits under this
472		-	10 Section are not required without funding for that purpose.
473		-	11 (Source: P.A. 100-1101, eff. 1-1-19.)
474		-	12 Section 99. Effective date. This Act takes effect upon
475		-	13 becoming law.
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