Military Duty Leave for Employees in Illinois

Private and public sector employees in Illinois, except temporary employees and state employees in certain administrative positions are eligible for military leave privileges.

Reinstatement. Private and public sector employees in Illinois, except temporary employees and state employees in certain administrative positions, who leave work to enter the military service (active duty or training) must be restored to their former positions with the same increases in status, seniority and wages that were earned during the term of military service by employees in like positions, or to a position of like seniority, status and pay, under certain conditions. The employees must be able to demonstrate evidence of honorable discharge, apply for reemployment within 90 days after being relieved from service or from hospitalization continuing after discharge for a period of not more than one year and still be qualified to perform the duties of the former positions. However, restoration can be denied by employers when circumstances have so changed as to make it impossible or unreasonable to do so.

Employees no longer qualified to perform the duties of former positions because of service-connected disabilities must be restored to other similar positions they can perform with like seniority, status and pay, unless changed circumstances make it impossible or unreasonable for a private employer to do so. Protection is also afforded to those not accepted in the military if application for reemployment is made within 90 days after receipt of a rejection notice.

Any person who is reemployed is considered as having been on leave of absence during military service and is entitled to participate in insurance or other benefits under the employer's rules and practices relating to employees on leave. After restoration, employees cannot be discharged without cause for one year.