Skip Navigation
Illinois Attorney General Lisa Madigan
Home | Press Room | Opinions | Español | Other Languages | Site Map | Contact Us
 

Defending Your Rights

NATIONAL GUARD/RESERVE CALL UP


Guardsmen, reservists and employers should be aware that there are certain rights and legal responsibilities associated with active duty service in the National Guard or armed forces reserves.

Servicemembers Civil Relief Act Fact Sheet PDF document
Sample Creditor Letter PDF document
Comptroller of the Currency Policy Letter (SCRA) PDF document

Military members may also wish to consult their Judge Advocate's Office.

Helpful Links:

Private Employers/Employees:

  • Family Military Leave Act (820 ILCS 151)

    • Provides that every employee who has been employed by the same employer for 12 consecutive months shall be entitled to up to 30 days of family military leave during the time federal or State deployment orders are in effect, subject to certain conditions.

  • Service Member’s Employment Tenure Act (330 ILCS 60)

    • Provides employment protection to service members called into active duty service. Service members who are honorably discharged or otherwise satisfactorily complete their service are entitled to be returned to employment, at a level to which they would have attained if not for their period of active duty.

    • The Act also provides a right to tuition refunds, and a stay of prosecutions and civil actions while serving in active duty.

  • Unemployment Insurance Act (Public Act 093-1012)

    • Protects employers who close business because of military call-up — Provides that an employer is not chargeable for any benefit charges resulting from the payment of benefits to an individual for any week of unemployment if the employer's business is closed solely because of the entrance of the employer, one or more of the partners or officers of the employer, or the majority stockholder of the employer into active duty in the Illinois National Guard or the Armed Forces.

Public Employers/Employees:

Illinois Statutes

  • Local Government Employees Benefits Continuation Act (50 ILCS 140)

    • Ensures that U.S. reserve members and Illinois National Guard members who are employed by the local government retain their employee benefits throughout periods of active service. Reserve and National Guard members are entitled to their salary minus the amount of military base pay received for active duty.

    • See Article VII Section 1 of the Illinois Constitution

  • Municipal Employees Military Active Duty Act (50 ILCS 120)

    • Pension Payments —Authorizes municipal authorities to make pension payments on behalf of service members during periods of active duty, in lieu of deductions from salary.

  • Public Employee Armed Services Rights Act (5 ILCS 330)

    • Employment & Benefits — Protects the rights and benefits of Reserve and National Guard members who are public employees and are called into active duty. The Act protects insurance benefits, promotional, employment, contractual or salary benefits, and pension rights.

  • Military Leave of Absence Act (5 ILCS 325)

    • Provides that full-time employees of the State of Illinois who are reserve members of the U.S. Armed Forces or the Illinois State Militia shall be granted leave from their employment for active military service including training. During such leaves, the employee is entitled to his or her regular compensation, including benefits, subject to certain conditions.

Executive Orders

  • Executive Order 10: Illinois National Guard Mobilization - Enduring Freedom/Noble EaglePDF document

    • Provides that full-time employees under the Governor of the State of Illinois who are members of the National Guard or Reserves and are called into active duty in response to the terrorist attacks of September 11, 2001, shall continue to receive their State compensation, including benefits, minus the amount of military pay.

  • Executive Order 6: Illinois National Guard Mobilization Iraqi Freedom

    • Provides that full-time employees under the Governor of the State of Illinois, who are members of the National Guard or Reserves and are called into active duty in response to military operations in Iraq, shall continue to receive their State compensation, including benefits, minus the amount of military pay.

Organizations:

Recent Legislation:

  • Helping Heroes Child Care Program (Public Act 094-0035)

    • Establishes a child care program for Illinois families who have one or more parents deployed to Iraq or Afghanistan by the armed services.

  • Public Act 094-0309—Amends the School Code

    • Provides that where a pupil’s change in residence is due to the military service obligation of a person with legal custody of the pupil, the pupil’s residence shall be deemed as unchanged for purposes of school enrollment (including tuition, fees, and costs).

  • Public Act 094-0312—Amends the Property Tax Code

    • Extends the delinquency grace period on certain property taxes for National Guard and Reserve members from 30 days to 180 days.

    • Requires the service member to make a reasonable effort to notify the county clerk of activation and deactivation.

  • Public Act 094-0583—Amends the Higher Education Student Assistance Act

    • Makes changes concerning veteran grants with regard to who qualifies for assistance, the type of assistance, notification to the postsecondary institution, and administration of the program.

    • Makes changes concerning the Illinois National Guard grant program with regard to who is eligible for a grant and what the grant covers.

  • Public Act 094-0587—Amends the Public Community College Act and various Acts relating to the governance of public universities in Illinois

    • Requires public institutions of higher education to allow a currently enrolled student who is called to active military service to complete any unfinished courses at a later date at no additional charge, unless course credit has already been given or the student received a full refund upon withdrawing from the course (in which case the student's record shall reflect that the withdrawal is due to active military service).

    • Provides that the student must be given priority over other students in reenrolling in the course or courses.

  • Military Personnel Cellular Phone Contract Termination Act (Public Act 094-0635 ) — The Illinois Patriot Plan

    • Termination of Cellular Phone Contracts —Provides that a service member called into active duty, or the service member’s spouse, may terminate cellular phone contracts without penalty under certain conditions.

    • Gas & Electricity Services Protection —Amends the Illinois Municipal Code and the Public Utilities Act—Provides that public utilities may not terminate, due to nonpayment, gas or electricity services to a service member’s residence while the service member is serving in active duty.

    • Life Insurance Lapse Protection —Amends the Illinois Insurance Code—Protects service members called into active duty from lapses in life insurance policies.

    • Amends the Code of Civil Procedure—Provides that in an action for possession of residential premises of a tenant or mobile home park resident who is a service member deployed on active duty or of any member of the tenant's or resident's immediate family, the court may stay the proceedings for a period of 90 days or adjust the rental obligation to preserve the parties' interests.

    • Amends the Interest Act—Provides that no creditor shall charge or collect from a service member, or spouse, interest or finance charges exceeding 6% per annum during the period that the member is deployed on active duty.

    • Amends the Motor Vehicle Leasing Act—Provides that service members deployed in active duty for not less than 180 days may terminate motor vehicle leases.

  • Public Act 094-1037—Amends the Illinois Insurance Code

    • Health Insurance Lapse Protection—Provides that no Illinois resident activated for military service and no spouse or dependent of the resident who becomes eligible for a federal government-sponsored health insurance program as a result of the activation shall be denied reinstatement into the same individual health insurance coverage with the health insurer that lapsed as a result of activation or becoming covered by the federal government-sponsored health insurance program. Certain conditions apply.

 

Back to Military and Veterans Rights Home Page

go to top of page

Return to Defending Your Rights Home

© 2010 Illinois Attorney General HomePrivacy Policy Contact Us