Paid Leave For Illinois Employees Who Serve As Military Funeral Honors Detail

On August 1, 2025, Governor J.B. Pritzker signed Senate Bill 220, which requires Illinois employers with 51 or more employees to provide paid leave to certain employees who participate in funeral honors detail. The requirements became effective the same day the bill was signed on August 1, so employers who have yet to amend their policies should do so as soon as possible.

The Military Leave Act (the Act) now requires employers with 51 or more employees to allow employees to use up to 8 hours per calendar month to participate in funeral honors detail. The employer must grant the employee at least up to 40 hours per calendar year to use for this purpose. The employee may take this leave in lieu of, and without having exhausted vacation leave, personal leave, compensatory leave or any other leave granted to the employee.

Employees who qualify for leave under this Act must: (i) have worked for the same employer for at least 12 months; and (ii) have been employed for at least 1,250 hours in the 12-month period. The employee must be trained to participate in a funeral honors detail at the funeral of a veteran and must be either:

1. A retired or active member of the U.S. armed forces, army reserve or Illinois National Guard; or
2. An authorized provider, registered member of a non-profit or other organization that is an authorized provider, or a veterans’ service organization.

Employees must give reasonable notice, and employers may request documentation confirming the employee’s detail from the veterans’ service organization that dispatched the employee. The Act does enumerate specific health care facilities who may deny requests for leave if doing so would impair the operation of the facility.

The Act is notably silent on whether employers are required to post notice of the right to request leave under the Act and on whether employers are required to track hours taken. However, as leave under this Act does not require employees to exhaust other leave granted by the employee, employers must be mindful of any employee’s use of the paid benefit.

Employers were required to allow employees leave under these circumstances immediately upon the effective date of the Act’s amendment. Employers who have yet to implement the required changes to their policies and procedures should do so immediately.

Client alert authored by Markeya A. Fowler, (312 849 4126), associate.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.