Chicago Police DepartmentEmployee Resource E01-14
Military Leave of Absence Act
Issue Date:04 April 2019Effective Date:04 April 2019
Rescinds:01 December 2017 Version
Index Category:Employee Rights and Responsibilities
I.Purpose
This directive:
  • A.reaffirms Department policy of granting military leaves of absence in accordance with federal, state, and local laws.
  • B.continues the use of:
    • 1.PER 78 (End of Employment form);
    • 2.PER-73-A (Request for Leave of Absence form);
    • 3.Power of Attorney form;
    • 4.Affidavit form.
  • C.introduces:
    • 1.the use of the automated Military Leave of Absence form and completion instructions; and
    • 2.Active Duty Training as a type of military leave.
  • D.revises procedures for changing day-off group or furlough to attend Inactive Duty for Training (Weekend Drills).
  • E.satisfies CALEA standards in Chapter 22.
II.Policy
General Policy Governing Military Leaves of Absence
  • A.Upon submission of a completed automated Military Leave of Absence form and military orders or an authenticated notice from the commanding officer of the military unit during leaves for Basic Training , Special or Advanced Training for up to 60 days, Mobilization to Active Duty Training or noncombat duty, and for any other training required by the United States Armed Forces, if the member's daily rate of compensation for military activities is less than the member's daily rate of compensation, the member will receive his or her regular compensation minus the amount of his or her base pay for military service or use of elective time (vacation, compensatory, baby furlough days, and personal days) and retain his or her full pay for military service.
    NOTE:
    The option to use elective time for a Military Leave of Absence is at the discretion of the member and cannot be directed or ordered upon the member by the Department.
  • B.Upon submission of a completed automated Military Leave of Absence form and military orders or an authenticated notice from the commanding officer of the military unit, a member of a reserve force or National Guard of the United States, the State of Illinois, or any state who is ordered by appropriate authorities to attend an annual training program or deployed for military service in excess of 15 calendar days in a Combat Zone under the supervision of the United States, the State of Illinois, or any state will continue to receive both his or her regular compensation and his or her pay for military service.
  • C.All Department members will adhere to the general provisions of Chapter 5 ILCS 325, "Military Leave of Absence Act (MLAA)." All Department members will comply with all provisions relative to compensation during leaves for Annual Training , Basic Training , Special or Advanced Training for up to 60 days, any other training or duty, and Mobilization to Active Duty required by the United States Armed Forces.
  • D.Probationary police officer's normal probationary period will consist of eighteen months of actual presence during active duty. Consequently, time absent from duty or not served for any reason, including Military Leave of Absence, will not apply toward satisfaction of the probationary period.
  • E.The Chicago Police Department encourages members to maintain periodic contact with deployed Department members.
III.Definitions
For the purposes of this directive, the following definitions apply:
  • A.Active Duty Training: Training intended to enhance or refresh existing skills that support military operations or future mobilizations.
  • B.Annual Training: The minimal period of training reserve members must perform each year to satisfy the training requirements associated with any reserve component of the United States Armed Forces or National Guard of any state.
  • C.Basic Training: Initial active duty training used to provide required basic military training and technical skill training.
  • D.Combat Zone: Any area that the President of the United States designates by executive order as an area in which the U.S. Armed Forces are engaging or have engaged in combat. An area becomes a combat zone and ceases to be a combat zone on the dates the President designates by executive order.
  • E.Inactive Duty for Training (Weekend Drills): The required scheduled drills or training periods each year, usually performed by reservists and National Guard members on specified weekends.
  • F.Mobilization to Active Duty: Service, under an order to, or remain on, active duty (other than for training) because of war, national emergency, domestic emergency, national security-related situation, support for operational missions, insurrection, invasion, or to otherwise execute the laws of the United States.
  • G.Special or Advanced Training: Any additional or specialized training requirements certified in writing by the secretary of the service concerned, as deemed necessary for individual professional development.
IV.Military Leave Procedures
Members will adhere to the below-listed procedures when taking the following types of Miliary Leave.
  • A.Annual Training
    • 1.Members will access CLEAR Applications — Personnel Suite to generate an automated Military Leave of Absence form and:
      • a.select "Annual Training" from the available type of actions;
      • b.enter effective date;
      • c.enter all required military information in the appropriate fields;
      • d.attach a copy of the military orders or authenticated notice;
      • e.complete the Absence Summary section, providing the dates of absence and the corresponding time status;
      • f.enter the last date worked and return-to-duty date;
      • g.enter position or rank in the required field;
      • h.enter electronic signature;
      • i.enter remarks, if applicable, and;
      • j.submit completed form through the chain of command.
    • 2.The automated Military Leave of Absence form and supporting documents will be submitted 30 days prior to departure for uniformed service when it is feasible to do so, except in cases when military necessity prevents the giving of notice or the giving of notice is otherwise impossible or unreasonable.
    • 3.Prior to departure and returning to active-duty status, contact the Human Resources Division to ensure all necessary administrative requirements are completed.
  • B.Basic Training
    • 1.Members will access CLEAR Applications — Personnel Suite to generate an automated Military Leave of Absence form and:
      • a.select "Basic Training" from the available type of actions;
      • b.enter effective date;
      • c.enter all required military information in the appropriate fields;
      • d.attach a copy of the military orders or authenticated notice;
      • e.complete the Absence Summary section, providing the date of absence and the corresponding time status;
      • f.enter the last date worked and return-to-duty date;
      • g.enter position or rank in the required field;
      • h.enter electronic signature;
      • i.enter remarks, if applicable, and;
      • j.submit completed form through the chain of command.
    • 2.Upon completion of training, forward the following documents to the Human Resources Division:
      • a.Net Pay Advice and Leave Earnings Statements; and
      • b.other official verification of the completion of training.
        NOTE:
        Failure to provide proper documentation may result in a loss of pay for the time of military leave.
  • C.Inactive Duty for Training (Weekend Drills)
    • 1.Members will access CLEAR Applications — Personnel Suite to generate an automated Military Leave of Absence form and:
      • a.select "Inactive Duty For Training (Weekend Drills)" from the available type of actions;
      • b.enter effective date;
      • c.enter all required military information in the appropriate fields;
      • d.attach a copy of the military orders or authenticated notice;
      • e.complete the Absence Summary section, providing the date of absence and the corresponding time status;
      • f.enter the last date worked and return-to-duty date;
      • g.enter position or rank in the required field;
      • h.enter electronic signature;
      • i.enter remarks, if applicable, and;
      • j.submit completed form through the chain of command.
    • 1.The automated Military Leave of Absence form and supporting documents will be submitted 30 days prior to departure for uniformed service when it is feasible to do so, except in cases when military necessity prevents the giving of notice or the giving of notice is otherwise impossible or unreasonable.
    • 2.Members will not be required to change their day-off groups or furloughs to attend Inactive Duty for Training (Weekend Drills). If a member desires to voluntarily change a day-off group or furlough to attend Inactive Duty for Training (Weekend Drills), then the affected member will submit a To-From-Subject Report to the member's unit commander or commanding officer for approval. This request will be granted or denied on a case-by-case basis subject to Department manpower needs and business necessities.
    • 3.Upon completion of the training, forward the following documents to the Human Resources Division:
      • a.Net Pay Advice and Leave Earnings Statements; and
      • b.other official verification of the completion of training.
        NOTE:
        Failure to provide proper documentation may result in a loss of pay for the time of military leave.
  • D.Active Duty Training
    • 1.Members will access CLEAR Applications — Personnel Suite to generate an automated Military Leave of Absence form and:
      • a.select "Active Duty Training" from the available type of actions;
      • b.enter effective date;
      • c.enter all required military information in the appropriate fields;
      • d.attach a copy of the military orders or authenticated notice;
      • e.complete the Absence Summary section, providing the date of absence and the corresponding time status;
      • f.enter the last date worked and return-to-duty date;
      • g.enter position or rank in the required field;
      • h.enter electronic signature;
      • i.enter remarks, if applicable, and;
      • j.submit completed form through the chain of command.
    • 1.The automated Military Leave of Absence form and supporting documents will be submitted 30 days prior to departure for uniformed service when it is feasible to do so, except in cases when military necessity prevents the giving of notice or the giving of notice is otherwise impossible or unreasonable.
    • 2.Upon completion of the training, forward the following documents to the Human Resources Division:
      • a.Net Pay Advice and Leave Earnings Statements; and
      • b.other official verification of the completion of training.
        NOTE:
        Failure to provide proper documentation may result in a loss of pay for the time of military leave.
  • E.Mobilization to Active Duty
    • 1.Members will access CLEAR Applications — Personnel Suite to generate an automated Military Leave of Absence form and:
      • a.select "Mobilization to Active Duty" from the available type of actions;
      • b.enter effective date;
      • c.enter all required military information in the appropriate fields;
      • d.attach a copy of the military orders or authenticated notice;
      • e.attach a completed PER 78, PER 73-A, Power of Attorney and Affidavit for Mobilization to Active Duty.
      • f.complete the Absence Summary section, providing the date of absence and the corresponding time status;
      • g.enter the last date worked and return-to-duty date;
      • h.enter position or rank in the required field;
      • i.enter electronic signature;
      • j.enter remarks, if applicable, and;
      • k.submit completed form through the chain of command.
    • 2.Prior to departure and returning to active-duty status, contact the Human Resources Division to ensure all necessary administrative requirements are completed.
  • F.Special or Advanced Training
    • 1.Members will access CLEAR Applications — Personnel Suite to generate an automated Military Leave of Absence form and:
      • a.select "Special or Advanced Training" from the available type of actions;
      • b.enter effective date;
      • c.enter all required military information in the appropriate fields;
      • d.attach a copy of the military orders or authenticated notice;
      • e.complete the Absence Summary section, providing the date of absence and the corresponding time status;
      • f.enter the last date worked and return-to-duty date;
      • g.enter position or rank in the required field;
      • h.enter electronic signature;
      • i.enter remarks, if applicable, and;
      • j.submit completed form through the chain of command.
    • 2.The automated Military Leave of Absence form and supporting documents will be submitted 30 days prior to departure for uniformed service when it is feasible to do so, except in cases when military necessity prevents the giving of notice or the giving of notice is otherwise impossible or unreasonable.
    • 3.Upon completion of the training, forward the following documents to the Human Resources Division:
      • a.Net Pay Advice and Leave Earnings Statements; and
      • b.other official verification of the completion of training.
        NOTE:
        Failure to provide proper documentation may result in a loss of pay for the time of military leave.
V.Additional Procedures
  • A.Members attending Active Duty Training , Annual Training , Basic Training , Inactive Duty for Training , Mobilization to Active Duty , or Special or Advanced Training for 30 days or less, consistent with items IV-A through F of this directive, will not be required to submit an Overtime / Compensatory Time Report (CPD-11.608) for each individual date.
  • B.A member requesting a leave of absence for the military for more than 30 days will complete and submit the following forms to their the unit commanding officer, for review, required signatures and approval, 30 days prior to departure for uniformed service when it is feasible to do so, except in cases when military necessity prevents the giving of notice or the giving of notice is otherwise impossible or unreasonable:
    • 1.automated Military Leave of Absence form (including the leave of absence agreement);
    • 2.PER-73-A (Request for Leave of Absence);
    • 3.PER 78 (End of Employment form);
    • 4.Power of Attorney form; and
    • 5.Affidavit form.
  • C.Unit commanding officers will:
    • 1.complete a City of Chicago Department of Personnel End of Employment form (PER 78) as outlined in the Department directive titled "Leaves of Absence and Resignations." The End of Employment form will be submitted to the Human Resources Division along with the Military Leave of Absence form and the Request for Leave of Absence form.
    • 2.ensure the completed automated Military Leave of Absence form and attached supporting documents, including the PER-73-A (Request for Leave of Absence) and PER 78 (End of Employment) forms, Power of Attorney form, and Affidavit form is forwarded to the Human Resources Division at least 30 days prior to the effective date of leave, if possible.
    • 3.ensure that a copy of the automated Military Leave of Absence is printed and retained once approved by the Human Resources Division. A copy of the automated Military Leave of Absence form will be placed in the unit personnel file prior to forwarding the unit personnel jacket to the Human Resources Division.
    • 4.ensure the unit personnel file, which will include the member's Personnel Card (CPD-11.600) and a photocopy of the Time and Attendance Record, is forwarded to the Human Resources Division.
  • D.Prior to the effective date of the Military Leave of Absence for more than 30 days, the Director, Human Resources Division, will ensure that the following Department equipment is recovered by the Human Resources Division:
    • 1.Star;
    • 2.Hat Shield;
    • 3.Identification Card (Sworn and Civilian Members);
    • 4.Badge (Applicable Civilian Members).
  • E.Sworn members on Military Leave of Absence for more than 30 days are not authorized to exercise the power of arrest or any other police power bestowed upon them by virtue of their office as sworn members of the Chicago Police Department including, but not limited to, carrying a firearm or other weapon.
  • F.Leave Extension
    Within 30 days of expiration of the Military Leave of Absence, the member on leave or his or her person designated as power of attorney will submit the Military Leave of Absence Form (CPD-11.840) and military orders or an authenticated notice from the commanding officer of the military unit and a PER-73-A (Request for Leave of Absence form), if feasible to do so, to the Human Resources Division, if the member is unable to return to active duty. Procedures for requesting extended military leave are governed by general leave-of-absence policy. When it is feasible to do so, failure to report for reinstatement or request an extension will result in the acceptance of the member's resignation under terms of the leave of absence. The member or person designated with power of attorney is responsible for submitting the required forms to the Human Resources Division prior to the expiration of the leave.
  • G.A member returning from a leave of absence from the military of more than 30 days will report back to work after completion of service within the time limits established by the Uniformed Services Employment and Reemployment Rights Act (USERRA) and will:
    • 1.contact the Human Resources Division to schedule an appointment to begin the reinstatement process.
    • 2.present the following items to the Human Resources Division:
      • a.a valid Firearm Owner's Identification Card;
      • b.a valid Firearms Registration Application (Gun Registration Card);
      • c.a valid driver's license issued by the State of Illinois or a Military Deferral Certificate with the member's expired Illinois Driver's License; and
      • d.a copy of the member's DD 214 form.
    • 3.undergo a mandatory physical examination, the scope of which will be determined by the Administrator, Medical Services Section;
    • 4.undergo a firearms qualifications test; and
    • 5.attend refresher training and any other training necessary to update a returning member's skills so that he or she has the ability to perform essential tasks.
    NOTE:
    A member's return to duty may require clearance by the Bureau of Internal Affairs if the member left for active duty while under investigation or may require approval from the Office of Budget and Management and the City of Chicago Department of Human Resources.
VI.Payroll and Timekeeping
Members charged with completion of daily Time and Attendance Records will ensure the daily duty status of the member reflects attendance Code 87—Military Leave.
NOTE:
Timekeepers will use the Absence Summary Section of the Military Leave of Absence form (CPD-11.840) or the automated Military Leave of Absence form in place of an Overtime / Compensatory Time Report (CPD-11.608) for each individual date.
VII.Finance Division
  • A.During leaves for Annual Training , the member will continue to receive his or her regular compensation.
  • B.If a member is on leave to attend required United States Armed Forces Basic Training, Special or Advanced Training for up to 60 days, Active Duty Training, or Inactive Duty for Training (Weekend Drills), and the member's daily rate of compensation for military activities is less than his or her daily rate of compensation, the member will receive his or her regular compensation minus the amount of his or her base pay for military activities.
    NOTE:
    Members may utilize earned elective time to attend Special or Advanced Training or Inactive Duty for Training (Weekend Drills) required by the United States Armed Forces. Under this condition the member will be allowed to select this option and will be allowed to retain both his or her City of Chicago pay along with military pay. If the member is regular day off on either of the Inactive Duty for Training (Weekend Drills) days, he or she may keep both City of Chicago and military pay. If either of the Inactive Duty for Training (Weekend Drills) days is a regular workday, the member must provide the Finance Division with a Military Leave and Earnings Statement.
  • C.The member's daily rate of compensation will be determined by making the calculations required under 5 ILCS 325, "Military Leave of Absence Act."
  • D.Effective 01 January 2005, officers who are deployed for military service in excess of 15 calendar days in a combat zone (as designated pursuant to the executive orders of the President of the United States) will not be required to reimburse the employer the amount of military pay they receive. The Employer will continue to make its pension contributions for such officers.
Eddie T. Johnson
Superintendent of Police
T17-033 EW
GLOSSARY TERMS:
1. -
Initial active duty training used to provide required basic military training and technical skill training.
2. -
Any additional or specialized training requirements certified in writing by the secretary of the service concerned, as deemed necessary for individual professional development.
3. -
Service, under an order to, or remain on, active duty (other than for training) because of war, national emergency, domestic emergency, national security-related situation, support for operational missions, insurrection, invasion, or to otherwise execute the laws of the United States.
4. -
The minimal period of training reserve members must perform each year to satisfy the training requirements associated with any reserve component of the United States Armed Forces or State National Guard of any state.
5. -
Training intended to enhance or refresh existing skills that support military operations or future mobilizations.
6. -
The required scheduled drills or training periods each year, usually performed by reservists and National Guard members on specified weekends.