Civil Air Patrol Leave Handbook Statement [15-50 Employees]: Illinois

Author: Amy E. Mendenhall, Marissa L. Dragoo, Corinn Jackson, and Judith A. Paulson, Littler

When to Include This Statement

Illinois employers with 15-50 employees (including independent contractors) should include this statement in their handbook to educate employees about the availability of leave for Civil Air Patrol missions and to demonstrate compliance with the law.

Customizable Handbook Statement

Civil Air Patrol Leave

Eligible employees who are members of the Civil Air Patrol may be entitled to up to 15 days of unpaid leave for the purpose of serving on a Civil Air Patrol mission. "Eligible employees" are those who have worked for the Company for 12 months and have worked 1,250 hours during the 12-month period immediately preceding the leave request.

If the leave will last five or more consecutive workdays, employees must provide at least 14 days' notice of the intended date upon which the leave will begin. If the leave will last fewer than five consecutive days, employees must provide as much notice as is practical. When possible, employees must consult with their supervisors about scheduling time off under this policy, in order to minimize the disruption to business operations.

The Company may require certification from the proper Civil Air Patrol authority to verify an employee's eligibility for leave.

Employees returning from leave will be reinstated to the same position or one with equivalent seniority status and the same pay and benefits as they had prior to the leave, unless factors other than the exercise of leave under this policy prevent reinstatement.

Employees on Civil Air Patrol leave are entitled to continue benefits at their own expense. Taking such a leave will not result in employees losing any benefits earned prior to the leave.

Guidance for Employers

  • This statement is intended to be used by employers with 15-50 employees. Employers with 51 or more employees should use the Civil Air Patrol Leave Handbook Statement [51+ Employees]: Illinois. Employers with 15-50 employees may wish to use the statement for 51+ employees, but should be aware that the statement provides the 30 day leave allowance required for larger employers.
  • Illinois employers must provide unpaid leave to employees, including independent contractors, who are members of the Civil Air Patrol. Employers with between 15 and 50 employees must provide up to 15 days of unpaid leave for a Civil Air Patrol mission. Employers with more than 50 employees must allow up to 30 days of unpaid leave for a Civil Air Patrol mission.
  • Employees eligible for Civil Air Patrol leave must have been employed with the same employer for at least 12 months and have at least 1,250 hours of service during the 12-month period immediately preceding the leave.
  • Employees must provide at least 14 days' notice of the intended date on which the Civil Air Patrol leave will start, if the leave is for five or more consecutive workdays. Employees requesting Civil Air Patrol leave for fewer than five consecutive days must give the employer advance notice as soon as practicable.
  • If possible, employees must consult with their employer to schedule the leave so as to not unduly disrupt the employer's operations.
  • Employers may require certification from the proper military authority to verify an employee's eligibility for the Civil Air Patrol leave requested.
  • Employees are entitled to be restored to the position they held when the leave began or to a position with equivalent seniority status, benefits, pay and other terms and conditions of employment, unless an employer can demonstrate that an employee was not reinstated due to conditions unrelated to the exercise of rights under the Civil Air Patrol Leave Act (CAPLA).
  • During leave, employers must continue any benefits at the employee's expense.
  • Employees must not lose any benefits accrued before the date the leave began.
  • Employees may not be required to exhaust all accrued vacation, personal, compensatory and any other leave before taking Civil Air Patrol leave.
  • Supervisors should be trained regarding how to respond to requests for leave so that they do not take any adverse actions (e.g., termination, demotion) against employees who are eligible for leave and who request or take leave.

Additional Resources

Civil Air Patrol Leave Handbook Statement [51+ Employees]: Illinois