Publications: Illinois’ New Family Military Leave Act Mandates Unpaid Leave, Benefit Protection and Job Restoration to Spouses and Parents of Military Personnel

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On August 14, 2005, Illinois Governor Rod Blagojevich signed the Illinois Family Military Leave Act (SB 1627) into law. The Act requires employers of more than 50 employees to grant up to 30 days of unpaid leave to employees who are the spouses or parents of military personnel during their federal or state deployment orders. Employers of from 15-50 workers must provide up to 15 days of unpaid leave to the spouses or parents of military personnel while deployment orders are in effect. The Act also obligates covered employers to facilitate employees continuing their employment benefits at their own expense during periods of protected leave. At the conclusion of their leave time, employees must be restored to essentially the same jobs they left. Covered employers must restore employees to positions providing equivalent seniority status, benefits, pay and other terms and conditions of employment.

By defining the “family military leave” that it creates as “leave requested by an employee who is the spouse or parent 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,” the Act recognizes the “home-front” hardships of military service through spousal and parental entitlements to unpaid leave, benefit protection and job restoration.

To be eligible for leave under the Act, employees must have worked for their employers for 12 months and provided at least 1250 hours of service during the 12 months immediately preceding the commencement of leave. Employees may not take leave under the new Act unless they have exhausted all accrued vacation, personal and compensatory leave otherwise provided by the employer (though they need not use sick or disability leave before electing family military leave).

To properly elect leave under Illinois’ new Family Military Leave Act, employees must give 14 days’ notice of anticipated leaves consisting of 5 or more consecutive days’ duration. Employees electing leave of less than 5 consecutive days are obligated to provide such “advanced notice as is practicable.” Employers may require certification from the pertinent military authority to verify an employee’s leave eligibility.

Under the new Family Military Leave Act, covered employers are prohibited from interfering with, restraining or denying employees’ exercise of the rights it creates. It prohibits employers from retaliating or otherwise discriminating against employees electing leave under the Act. Finally, its enforcement provisions create a civil cause of action for employees aggrieved by violations. Circuit courts are empowered through these enforcement provisions to enjoin violations and to “order any other equitable relief that is necessary and appropriate to redress” them.