Illinois § 5-10

§ 5-10.

Additional benefits for public employee members of a reserve component. (a) Concurrent compensation. During periods of military leave for annual training or orders in lieu of annual training, public employees shall continue to receive full compensation as a public employee for up to 30 days per calendar year and military leave for purposes of receiving concurrent compensation may be performed nonsynchronously. Public employees may receive concurrent compensation for both annual training orders and orders in lieu of annual training in the same calendar year; however, the combined total of their concurrent compensation shall not exceed 30 days in a calendar year. (b) Differential Compensation. During periods of military leave for active service, public employees shall receive differential compensation subject to the following: (1) Public employees may elect the use of accrued vacation, annual, or similar leave with pay in lieu of differential compensation during any period of military leave. (2) Differential compensation for voluntary active service under Section 1-10 is limited to 60 work days in a calendar year. (3) After a public employee is absent from his or her employment for a consecutive 3-year period while performing voluntary active service, the employee's entitlement to differential compensation shall be terminated. Upon return to work with his or her employer for more than 90 calendar days, the public employee's right to differential pay shall be reinstated. Nothing in this Section shall entitle a public employee to differential pay in excess of 60 work days per calendar year for voluntary active service. (4) Public employees are not entitled to differential pay under this Section for periods of unpaid active service including, but not limited to: travel to and from military orders, rest periods immediately before or after military orders, and military service in which the public employee does not receive pay from the military. (5) Public employees who have exhausted concurrent compensation under subsection (a) of Section 5-10 in a calendar year shall receive differential compensation when authorized under subsection (b) of Section 5-10 in the same calendar year. (c) Employer-based health plan benefits shall continue in accordance with Section 5-5 of this Act, except the employer's share of the full premium and administrative costs shall continue to be paid by the employer for active duty. (d) In the event that 20% or more employees of a unit of local government are mobilized under 10 U.S.C. 12301(a), 10 U.S.C. 12302, 10 U.S.C. 12304, or 10 U.S.C. 12304a, or 14 U.S.C. 712 concurrently, additional benefits under this Section are not required without funding for that purpose. (Source: P.A. 104-176, eff. 8-15-25.)