§ 37.02  EMPLOYEES CALLED TO ACTIVE MILITARY SERVICE.
   (A)   The municipality shall comply with state and federal laws that govern military leave, to wit:
      (1)   The Public Employee Armed Services Rights Act, ILCS Ch. 5, Act 330, §§ 1 et seq., requires Illinois public employers to protect the employment benefits of employees who are called to active duty that the employees would have enjoyed had they not been called to active duty. The Act does not distinguish between employees that joined the military service prior their employment or after their employment.
      (2)   The Military Leave of Absence Act, ILCS Ch. 5, Act 325, §§ 1 et seq., requires public employers to permit full-time employees who are members of any reserve component of the United States Armed Forces or the Illinois State Militia a leave of absence for any period of time actively spent in military service, and specifies that seniority and other benefits continue to accrue during such leave. The law also requires that such employees shall receive their regular compensation from their public employer during such leave, minus the amount of the employee's base pay for military activities.
      (3)   The Local Government Employees Benefits Continuation Act, ILCS Ch. 50, Act 140, § 2 prescribes the benefits that employees shall receive for the duration of the employee's active military service. The law entitles fulltime employees of local governments to receive the same regular compensation that they were receiving at the time they were mobilized to active military duty; plus health insurance and other benefits they were receiving at that time, minus the amount of their base pay for military service.
      (4)   The Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 entitles regular full-time municipal employees who have been called for active duty with the armed forces to full reemployment rights upon their return, as long as such leave does not exceed five years. This federal law covers all employees who are called to military duty except (1) employees that have worked for "brief, nonrecurring periods" that cannot be expected to continue indefinitely or for a significant period of time; and (2) temporary employees such as seasonal employees.
   (B)   The health insurance plan of the municipality will provide primary coverage for spouses and dependent children of employees called to active military duty, whose existing health care providers are not accepted by the military insurance provider. In these circumstances, the municipality will underwrite the cost of both the employer and employee share of the cost of the health plan.
(Ord. 2004-5176, passed 4-6-04)
Editor’s notes:
   ILCS Ch. 5, Act 325 (Military Leave of Absence Act) was repealed by P.A. 100-1101.
   ILCS Ch. 5, Act 330 (Public Employee Armed Services Rights Act) was repealed by P.A. 100- 1101.
   ILCS Ch. 50, Act 140 (Local Government Employee Benefits Continuation Act) was repealed by P.A. 100-1101.