As of August 1st, Illinois is implementing mandatory paid leave for those who are part of a military funeral honors detail. Governor JB. Pritzker signed Senate Bill 220, expanding the state’s Military Leave Act. Employers with more than 50 employees must now offer covered employees up to eight hours of paid leave per month, or up to 40 hours of paid leave per calendar year.
Funeral honors detail is an honor guard provided for veterans’ funerals. The honor guard consists of at least two members of the U.S. armed forces, one of whom is from the deceased veteran’s branch. The rest of the detail consists of members of the armed forces or members of an authorized provider.
Funeral honors detail Leave is in addition to other paid leave already provided to employees. Covered employees are those who have been employed by the same employer for at least 12 months and have performed at least 1,250 hours of service during the 12-month period immediately preceding the leave.
Covered employees are qualified for paid funeral honors detail leave if they are:
- Trained to perform a military funeral honors detail; and
- Are either (A) a retired or active member of the armed forces, including reservists and members of the Illinois national guard; or (B) an authorized provider recognized by the armed forces (this may include members of a non-profit veterans service organization).
However, employers such as independent living facilities, nursing homes, or other care facilities providing 24/7 care may deny requests for leave if the employee’s absence would “reduce staffing levels to below the established minimum or impair the safe and efficient operations of the facility.”
Employers must pay employees at their regular rate of pay during funeral honors detail leave. Employees need not exhaust other available forms of leave before taking paid funeral honors detail leave.
Prior to taking leave employees must provide reasonable advance notice. The employer is entitled to request documentation verifying the employee’s participation in the honors detail. Acceptable verification includes confirmation from the pertinent veterans service organization or any official notice the employee has relating to the funeral honors detail.
The Bill does not create any obligation to give employees written notice of their rights or make any workplace postings. However, covered employers should update their leave policies ensuring they are compliant with the expanded requirements under the Military Leave Act.
Brody and Associates regularly advises management on compliance with the latest local, state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
