A leave of absence shall be granted to an eligible employee for any period actively spent in military service, in accordance with State and Federal law.
Select one of the following links or scroll down for specific information:
Eligibility
Providing Leave Notice
Length of Leave
Benefits Continuation
Compensation
Performance Rating/Review
Returning from Leave
Retirement Benefits
Resources
Eligibility
All employees who are members of the uniformed services of the United States, including the National Guard and the Commissioned Corps of the Public Health Service, any state's military forces, the National Guard of any state or territory, the reserve components of these services, or an auxiliary of the United States Armed Forces performing official duties in an emergency, are eligible for military leave. This includes Civil Service employees in status, trainee, learner, or apprentice appointments, and all academic employees. Eligible leaves will be granted whether or not within the State and whether or not voluntary.
Providing Leave Notice
Per the Illinois Service Member Employment and Reemployment Rights Act (330 ILCS 61/) an eligible service member employee is not required to request permission to use military leave. Eligible employees are, however, required to give advance notice of pending service, except when precluded from doing so by military necessity. The employee should alert their unit or supervisor as soon as practicable by completing the Leave Application_LOA_Military_Firefighter (coming soon).
Notice by appropriate military authority on official letterhead may be requested in the following instances:
- Service in a federally recognized auxiliary of the United States Armed Forces when performing official duties in support of military or civilian authorities as a result of an emergency.
- A period for which an employee is absent from a position of employment for the purpose of medical or dental treatment for a condition, illness, or injury sustained or aggravated during a period of active service in which treatment is paid by the United States Department of Defense Military Health System.
In all other instances, notice may be verbal or written.
University Payroll and Benefits (UPB) Leave Information and Form in relation to the State of Illinois Employees Group Insurance Program is administered by Central Management Services (CMS). (This form is strictly to communicate to UPB and CMS absence information).
UPB Leave of Absence Information (PDF)
UPB Leave of Absence Information (Rich Text Format)
UPB Leave of Absence Worksheet (PDF form to be completed online before printing. If the PDF fails to load, then download and complete the form before printing.)
Length of Leave
There are no restrictions on the length of leave granted for military leave.
Benefits Continuation
Benefits shall be continued by the University as mandated by State and Federal legislation. Employees should contact the campus University Payroll and Benefits (UPB) office for complete information about continuation of insurance coverage and any premium payments.
Compensation
Compensation is in accordance with the Service Member Employment and Reemployment Rights Act. Compensation provisions vary based on the reason for leave. If the leave is with pay, compensation is at the employee's regular hourly rate for non-overtime scheduled hours. An employee receiving full or differential pay during military leave is required to furnish copies of military orders and proof of military compensation prior to processing of payment by the University.
ANNUAL TRAINING: During periods of military leave for annual training, full-time employees receive regular compensation without any offset for up to 30 days each calendar year. The 30 days need not be consecutive.
ACTIVE SERVICE: Full-time employees on military leave for active service shall receive differential compensation consistent with 330 ILCS 61/5-10 subject to the following:
- Voluntary Active Service: University employees will receive differential compensation for up to 60 days of voluntary active service, as defined in 330 ILCS 61/1-10, in a calendar year
- Employees may use vacation or other similar paid leave in lieu of differential compensation during military leave.
- No differential compensation will be provided for active service without pay.
Call-Up for Active Duty: Active duty refers to a call up for deployment or mobilization in support of a named operation overseas, and in some cases for an emergency or disaster in the United States. Employees called for active duty shall receive leave with pay for normally scheduled workdays for up to 30 calendar days. Compensation will be at the employee's regular hourly rate for non-overtime scheduled hours. If call-up is extended beyond 30 calendar days, the employee will be granted leave without pay for such additional days or will be granted leave and compensated as mandated by Federal or State of Illinois legislation.
Performance Rating/Review
While on military leave, employees shall be credited with at least the average performance rating or evaluation the employee received for the three years immediately preceding the military leave. Additionally, the performance rating may not be less than the rating the employee received for the rated period immediately prior to the military leave.
Returning from Leave
An employee returning from military leave will be reemployed in accordance with provisions of the Illinois Service Member Employment and Reemployment Rights Act (ISERRA), and the Uniformed Services Employment and Reemployment Rights Act (USERRA). In general, an employee returning from leave for military service will be returned to the position of employment the employee would have obtained if not for the employee's service, with the same increases in status, seniority, and wages that were earned during the term of military service by employees in like positions, or to a position of like seniority, status, and pay, as required by law, unless the University's circumstances have so changed as to make it impossible or unreasonable to do so, the employee's position was temporary, or, if applicable, the reemployment would cause an undue hardship. Employees must have given advanced notice of leave, timely report for reemployment, generally have 5 years or less of cumulative service and not been separated from service with a disqualifying discharge or other than honorable conditions. Reemployment of Civil Service employees in provisional appointments will also be subject to Section 250.70(b) of the State Universities Civil Service Statute and Rules concerning conditions for provisional appointments.
Employees must report for reemployment within the following time periods:
- Leave of less than 31 days or military fitness examination. The employee must report to work on the first regularly-scheduled work day after the employee's service is complete, allowing sufficient time for return travel plus an additional eight hours. If it is impossible or unreasonable for the employee to report within this time period through no fault of the employee, the employee must report back to work as soon as possible.
- Leave of 31 to 180 days. The employee must submit a written application for reemployment within 14 days following completion of service. If it is impossible or unreasonable for the employee to report within this time period through no fault of the employee, the employee must apply as soon as possible.
- Leave of more than 180 days. The employee must submit a written application for reemployment within 90 days following completion of state active duty.
The timelines for reporting may be extended in the event an employee suffers an injury or illness in connection with the employee's service. The University reserves the right to request documentation to establish that a reemployment application is timely, the employee has not exceeded 5 years of service, and the employee's separation or dismissal from service was not disqualifying.
Employees must be qualified to perform the duties of a position. If, as a result of military service, the employee is not qualified to perform the duties of the position, the University will make reasonable efforts to assist the employee in becoming qualified for the position.
Retirement Benefits
Employees returning from military leave have the option to receive the full benefit of their retirement plan as if they had never left for military service in accordance with the law and the rules of the applicable retirement plan. To be eligible for this benefit the employee must pay their employee contribution. Employees should contact the campus UPB office for complete information.
Resources
Military Leave FAQs
Office of the Attorney General: Military and Veterans Rights
Civil Service Statutes and Rules: Section 250.40 Military Service Preference, Veterans Preference
Human Resources Leave Contacts
Executive Order on Military Response to the September 11, 2001 Terrorist Attack
Executive Order on Compensation for Military Personnel