Leaves of absence for military service will be granted in accordance with State and Federal laws for an eligible employee who is a member of the United States Armed Forces, the National Guard of any state or territory, whether active or reserve, 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, and any period an employee is absent 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.
Eligible employees are defined as anyone employed by Illinois State University for the duration of their expected, continued employment.
Employees are required to provide notice of an impending leave of absence for military service as soon as possible to their department and Human Resources.
Notice by appropriate military authority on official letterhead is required (i.e., military orders), unless the appropriate military authority deems an exception to advance notice.
Compensation During Military Leaves
Compensation while on a military leave varies based on the reason for leave. Compensation will be calculated in accordance with the Illinois Service Member Employment and Reemployment Rights Act (ISERRA) and University policy. In addition to compensation as defined by ISERRA, the University pays fifteen days of military leave at regular University pay for leaves not eligible for regular pay each calendar year.
For any full or differential compensation provided by the University, the University reserves the right to request documentation in the form of orders, pay advices, or other official means of communication.
Employees may elect to use vacation or compensatory time in lieu of differential compensation.
Differential compensation will not be paid for active service without pay.
Active Duty: During leaves for active duty, the employee is entitled to differential compensation during the entire period of active duty military service when the employee’s daily rate of base pay compensation for military service is less than their daily rate of compensation as an Illinois State University employee.
Annual Training: During leaves for annual training, the employee shall continue to receive regular compensation without any offset of their military pay for up to 30 days per calendar year. In instances where annual training exceeds 30 calendar days in a calendar year, differential compensation will be paid when the employee’s daily rate of base pay compensation for military service is less than their daily rate of compensation as an Illinois State University employee.
Voluntary Active Service: During leaves for up to 60 scheduled workdays within a calendar year for voluntary active service, differential compensation will be paid if the employee’s base pay compensation for military service is less than their regular University pay. The 60 scheduled workdays do not need to be consecutive.
Basic Training: During leaves for basic training, the employee is entitled to differential compensation for the entire length of training if the employee’s base pay compensation for military service is less than their regular University pay.
Other training or duty as required: For other training or duties required that do not fall into the above categories, differential compensation will be paid if the employee’s base pay compensation for military service is less than their regular University pay.
Benefits
All benefits for employees on a military leave of absence for active service shall be continued by the University as mandated by State and Federal law.
Restoration of Employment
Restoration of employment following a leave of absence for military service is administered in accordance with Federal and State laws. Employees are expected to communicate any changes to an expected return from leave date to Human Resources as soon as possible.
Illinois Military Leave Act
In addition to the leave as described as above, the Illinois Military Leave Act provides for two specific reasons for leave: Funeral Honors Detail and Family Military Leave. In order to be eligible for either type of leave, employees must have been employed by the University for a least 12 months and have worked at least 1,250 hours during the 12 months preceding the date the leave begins.
Funeral Honors Detail
Eligible employees may use up to 8 hours of paid leave per calendar month, for a maximum of 40 hours per calendar year, to participate in a military funeral honors detail. The employee must be trained to participate in a funeral honors detail as a retired or active member of the U.S. Armed Forces or Reserve Component or be a member of an authorized provider organization, such as a veteran service organization.
An employee must provide their supervisor with reasonable notice of the need for leave as soon as is practicable. The employee should also follow standard call-in procedures for absences.
Employees utilizing this leave will receive compensation at their regular rate of pay with no usage of accrued benefit time.
The University reserves the right to request documentation to verify an employee's participation. This may include confirmation from the veterans' service organization that dispatched the employee or any official notice provided to the employee regarding the funeral honors detail.
Family Military Leave
An employee who is the spouse, parent, child, or grandparent of a person called to military service lasting longer than 30 days with the State or the United States pursuant to orders of the Governor or the President of United States may utilize up to 30 days of job-protected leave during the time the deployment orders are in effect.
Employees taking leave for more than five consecutive days must provide their department with at least 14 calendar days' notice of the need to leave. Employees taking leave for five or fewer consecutive days should provide notice as soon as is practical in accordance with their department's call-in procedure.
Employees will be required to use avaible vacation, compensatory time, personal plus time, or personal days for this leave. Time takedn is excess of available benefit time will be unpaid.
The University may require certification from the proper military authority to verify an employee's eligibility for leave, which may include a copy of the service member's military orders. Time taken for a qualifying exigency for an employee's spouse or child on convered active duty under the FMLA runs concurrently with, and reduces, the amount of leave available under this policy.