Illinois Family Military

Illinois Family Military - 820 ILCS 151/25

Covered Employers: Employers with at least 15 employees

Employee Eligibility: Employees must have worked 1250 hours during the last 12 months immediately preceding the leave, with at least 12 months of service, and be the spouse, parent, child or grandparent of a service member called to active duty for more than 30 days.

Entitlement: E mployers with between 15 and 50 employees must give workers up to 15 days of unpaid family military leave. Employers with more than 50 employees are required to provide up to 30 days of leave for the spouse, child, parent or grandparent of an active duty service member who has been called to duty for more than 30 days. Under the law, employees must exhaust all other leave, except for sick and disability leave.

Employee Notice: Employees taking leave for less than 5 days should provide notice as soon as practicable. Employees taking leave for longer than 5 days should provide at least 14 days notice. Where able, the employee shall consult with the employer to schedule the leave so as not to unduly disrupt the operations of the employer.

Certification Supporting Need for Leave: An employer may require proof from a proper military authority to verify the need for leave. This proof typically consists of deployment orders.

Paid? Unpaid

Benefits: Employer must continue employees benefit. This can be at the employee's expense.

Reinstatement: Employee is entitled to be restored to the same or equal position that was held prior to the commencement of the leave.

Other Important Definitions/Requirements: Leave taken under federal FMLA for a qualifying exigency will reduce the amount of leave available under Illinois Family Military

Absence Specifications

Concurrency with other leaves

  • Will run concurrently with Military Exigency if the exigency reason is short notice deployment

Amount of Leave provided

  • 15 days (employers with 15-50 employees)

  • 30 days (employers with greater than 50 employees)

Eligibility Requirements

  • 12 months of service

  • 1250 hours worked

  • Employers with at least 15 employees

Intake Trigger

  • Military

    • Active

      • Spouse

      • Child

      • Parent

      • Next of kin (grandparent)

        • Exigency

          • Deployment

Calendar Type

  • Open (per deployment)

Note

  • "Deployment" is not covered under Federal Military leave, but "short notice deployment" is.

  • Any time taken under federal FMLA for a qualifying exigency will deducted from the available leave time under Illinois Family Military leave, using sharing roles in the system.