| Update Applicable to: | Effective Date |
| All Employers with 51 or more Employees | August 4, 2025 |
What happened?
On August 4, 2025, Illinois enacted Public Act 104-0078, amending the Military Leave Act to require paid leave for employees who participate in military funeral honors details.
Overview:
Employers with 51 or more employees must now provide up to 8 hours of paid leave per month, capped at 40 hours per calendar year, for eligible employees to participate in these ceremonies. This leave must be paid at the employee’s regular rate and cannot be deducted from other leave balances such as PTO or sick leave.
- Employers may request proof of participation and must receive reasonable notice from the employee.
- Leave may only be denied if it would reduce staffing below safe levels in 24/7 care facilities, unless restricted by a collective bargaining agreement.
- Employees are entitled to job restoration after leave and may continue benefits at their own expense or as negotiated with the employer.
Employees include:
- Active or retired members of the U.S. Armed Forces or reserves (including the Illinois National Guard).
- Members of veterans’ service organizations or other authorized providers trained to perform funeral honors.
- Eligibility requirements: the employee must work for a covered employer and have been employed by the same employer for at least 12 months for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave.
Source References
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