Beginning August 1, 2025, Illinois employers with at least 51 employees must provide certain covered employees with up to eight hours of paid leave per month, or up to 40 hours of paid leave per calendar year to perform military funeral honors details.

Funeral honors detail is an honor guard detail consisting of at least two members of the U.S. Armed Forces, one of whom is from the deceased veteran’s service branch, with the remainder consisting of members of the armed forces or members of an authorized provider who perform a funeral ceremony including the folding and presentation of a U.S. flag to the veteran’s family and the playing of “Taps.”

Covered employees are those who have been employed for at least 12 months and performed at least 1,250 hours of service during the 12-month period immediately preceding the start of leave.

Covered employees qualify for paid funeral honors detail leave if they (1) are trained to perform in a funeral honors detail, and (2) are either a retired or active member of the U.S. Armed Forces (including reservists and the Illinois National Guard) or an authorized provider (e.g., a member of a veterans services organization or honor guards).

Employees taking funeral honors detail leave must be paid their regular rate of pay, and need not exhaust vacation leave, personal leave, sick leave, or any other available leave that may be granted to the employee before taking paid funeral honors detail leave.

An employee taking funeral honors detail leave needs only provide reasonable notice, as is practical, though an employer may request confirmation from the relevant veterans services organization or any official notice provided to the employee as proof of participation in the detail.

Certain employers, including independent living facilities, assisted living facilities, nursing home facilities, or other similar congregate care facilities, or facilities providing 24/7 care, may deny leave requests if granting leave would reduce staffing levels to below the established minimum or impair safe and efficient operations.

Covered employers should immediately update their leave policy for compliance with this new requirement. For questions or assistance, please contact a Jackson Lewis attorney.