MILITARY LEAVE:
WHAT ARE EMPLOYEE'S RIGHTS?
Throughout Illinois, many municipal employees
who are either National Guard or U.S. military reservists have been called to active duty in the
Persian Gulf.
What are the rights of these employees to salary, position, pensions, and other benefits?
The Federal Government and the State of Illinois
have statutes regarding both military leave for municipal employees, and their reinstatement in their
positions held before being called up. Municipal personnel
policies and ordinances, however, deal mostly with
benefits, pensions, and salary received while the employee is serving in the military. These may vary among
municipalities.
FEDERAL LAWS:
Veterans Reemployment Rights Act:
The Veterans Reemployment Rights Act of 1948 (38
USC 2021) requires that an employer must grant at least
unpaid leave (with or without pay is up to the employer) to an employee who is called to leave a full time
position for active military duty.
Within 90 days of when the employee has completed his or her military obligations, (or after not more
than one year of hospitalization after discharge from
active duty) the employer shall reinstate the employee
to their former position or to a position of like seniority,
status and pay.
Should that employee be unable to perform the
duties of their original position due to a disability suffered during their military service, the employer must
still offer the employee a position that the veteran can
perform in, and which carries approximately the same
seniority, status and pay of the previously held position.
This law means that returning veterans have the
right to "bump" out any persons who were hired to
replace them in their absence.
This law applies to all who are called to duty, including military reservists, and National Guard members.
Continuation of Health Benefits Under COBRA:
Under the provisions of the Consolidated Omnibus
Budget Reconciliation Act (COBRA) of 1985, any and
all health insurance coverage provided to employees and dependents (if offered) must be continued for a
period of 18 months after call-up of the employee if the
employee or dependent receiving the coverage elects
to do so within 60 days of the date of the call to duty.
Payment of the health premium is still the responsibility of the employee if that was the original arrangement.
STATE LAWS:
Civil Service:
Illinois State law regarding this issue is merely a
reiteration of the federal statutes with one exception:
the continuation of pension rights for those municipal
employees who are civil service.
Under Chapter 24; 2, par. 150-153, 111. Rev. Stat.,
municipal civil service employees are to be considered
on leave up until 40 days after their return from duty.
While on leave, the civil service and pension rights of
the municipal employee are to be preserved as if the
employee had never left. After their return from duty,
they are to be restored to their position without loss of
seniority. Also under the law, the municipality may
offer to pay the pension benefits of these employees in
lieu of payroll deductions. Mandatory grant of leave
and reinstatement is also provided for under Chapter
24, par. 10-1-46 and par. 10-1-47.
IMRF Pensions:
Pension benefits from IMRF may be maintained, as
the Illinois Pension Code allows municipalities to consider time served in the military on leave as creditable
service. (Ch. 10852, par. 7-139, I'll. Rev. Stat.)
Local Ordinances:
Local laws or personnel policy regarding this issue
vary in their degrees of compensation of the employee
while on military leave. By federal and state law, all
municipalities must grant at least unpaid leave and
offer the option of continuing dependent health coverage under COBRA provisions as specified above.
Some municipalities are providing additional compensation, such as continuing or making up the difference between military pay and the employee's regular
salary for a specified period of time. These options are at the discretion of the municipality, and are not required by law.
Page 10 / Illinois Municipal Review / March 1991
The following is a brief listing of municipalities with
specific ordinances relating to employees serving in the
military. While there are other municipalities besides
the ones listed that are providing benefits beyond state
and federal law requirements, the following is a sample
list intended only as a guideline.
SAMPLE LISTING OF MUNICIPAL PERSONNEL
POLICIES REGARDING EMPLOYEES SERVING
IN ACTIVE MILITARY DUTY
Downstate:
|
|
Municipality
|
Policy
|
Decatur
|
— ordinance passed in January is specifically for employees serving in Operation Desert Storm or Shield,
|
|
and is retroactive to the date of inception of Operation Desert Shield;
|
|
|
|
— limited to April 30, 1991;
|
|
— compensates employee's gross military pay to equal the city net pay of the employee (military pay is exempt from federal income tax under current law);
|
|
|
|
|
|
|
|
|
|
— continues all health coverage to employee and dependents at the employee's request;
|
|
|
|
|
Springfield
|
— ordinance of 11/26/90;
|
|
— makes up difference between military and city pay for entire term of duty;
|
|
|
|
|
|
— continues all health and pension benefits received previous to activation;
|
|
|
|
|
Metro Chicago:
|
|
Municipality
|
Policy
|
Des Plaines
|
— military/city pay difference paid for all time served;
|
|
|
— health insurance continued for 90 days;
|
|
Elgin
|
— military/city pay difference paid;
|
|
— all health benefits continued indefinitely;
|
|
Schaumburg
|
— all health and life insurance continued;
|
|
|
— military pay difference not made up;
|
|
|
Skokie
|
— military pay difference made upby city for 179 days;
|
|
|
— health & life insurance continued if employee contributes;
|
|
Palatine
|
— salary is paid to employee in full for one year;
|
|
|
— all health and life insurance cover- age is continued for term of duty;
|
|
Northbrook
|
— salary difference paid for one month;
|
|
|
— all health and life insurance continued.
|
|
|
For more information about these municipal policies, please call Jim McCurdy at the League office at
217/525-1220 or each city directly. If you need more
specific information regarding federal or state laws,
please call or write either
Walter V. Luksta
Assistant Director
U.S. Department of Labor
Veterans Employment and Training Service
401 South State St. — Two North
Chicago, IL 60605
312/793-3440 or
Charlie Salvo
State of Illinois
Department of Veterans Affairs
833 South Spring St.
Springfield, IL 62704
217/785-7208 •
March 1991 / Illinois Municipal Review / Page 11