Illinois has enacted Public Act 1040078 (SB 0220), the Military Funeral Honors Leave Act, granting eligible employees paid leave to participate in funeral honors details for veterans. The law is effective immediately.
The Act ensures that trained individuals, including veterans, ROTC members, and affiliated volunteers, can participate in funeral honors duties without loss of pay or the need to use accrued leave time.
Key Provisions of the Law
- Covered Employers and Eligible Employees. Applies to employers with 51 or more employees. Employees must be trained to participate in military funeral honors details and be active or retired members of the military, a veteran’s service organization, or a reserve officers’ training corps.
- Leave Entitlement and Pay. Employees may take up to eight (8) hours of paid leave per month, not exceeding 40 hours per calendar year. Leave is provided at the employee’s regular rate of pay and does not require exhaustion of other accrued time off. Employers may request verification of participation in the funeral detail.
- Employee Notice Requirements. Employees must provide reasonable notice when practicable. Leave may be denied if it would compromise minimum staffing levels in long-term or continuous care facilities, unless otherwise prohibited by a collective bargaining agreement.
- Employer Notice and Posting Requirements. Notably the law does not contain any poster or handbook policy requirements.
- Job Restoration. Employees are entitled to return to their same or equivalent position with the same benefits and seniority upon returning from leave.
How This Differs from Federal USERRA
While the Uniformed Services Employment and Reemployment Rights Act (USERRA) provides job protections for employees engaged in military service or training, Illinois’ Military Funeral Honors Leave Act specifically provides paid leave for participation in funeral honors details. USERRA does not require paid leave, nor does it address funeral honors participation. This state law adds a distinct, paid leave entitlement for a specific ceremonial function, separate from federal military service protections.
Next Steps for Employers
Employers should ensure that payroll and timekeeping systems are configured to track Military Funeral Honors Leave separately and that employees are informed of its availability. Human resources staff and managers should be trained on the eligibility criteria, pay obligations, and verification procedures to administer the leave consistently and in compliance with the law. Although not mandated, employers may also wish to update employee handbooks to include a policy outlining this new requirement.
