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August 21, 2025
We recently reported on changes in the law in Washington, New Mexico, Delaware, and West Virginia as to military status. Now, two more states have enacted legislation to protect military veterans.
Illinois
Illinois amended its Family Military Leave Act to rename it the Military Leave Act.
In addition, for employers of 51 or more employees, the amendment requires employers to provide up to eight hours of paid leave per calendar month, up to 40 hours per calendar year (or more, if authorized by the employer or if so provided in a collective bargaining agreement), to an employee who participates in a funeral honors detail at the funeral of a veteran.[1] See 2025 Ill. SB 220. The law became effective on August 1, 2025.
“Funeral honors detail” refers to an honor guard detail provided for the funeral of any veteran, consisting of at least two members of the United States Armed Forces, one of whom is from the deceased veteran’s service branch. The funeral honors detail performs at the funeral a ceremony that includes the folding of the United States flag, presentation of the flag to the veteran’s family, and the playing of “Taps.”
An employee qualifies for this paid leave if the employee is trained to participate in a funeral honors detail at the funeral of a veteran and either is (1) a retired or active member of the armed forces or a member of a reserve component of the armed forces of the United States; or (2) an authorized provider, or a registered member of a nonprofit or other organization that is an authorized provider, including a member of a veterans service organization.[2]
An employee may take this leave in lieu of, and without having exhausted, their vacation, personal, sick, disability, or other leave that may be granted to the employee.
An employee taking funeral honors detail leave must give the employer reasonable notice of such leave. An employer may request proof of the employee’s participation in the detail.
Louisiana
Louisiana amended its Employment Discrimination Law to prohibit discrimination on the basis of military status. See 2025 La. SB 66. The amendment became effective on August 1, 2025.
“Military status” means status as (1) a member of the uniformed forces of the United States or a reserve component thereof; or (2) a dependent of a service member (a spouse, child, or an individual for whom the service member provided more than one half of the individual’s support for 180 days immediately preceding an alleged action that, if proven true, would constitute unlawful discrimination under this statute.
Employers in Illinois and Louisiana: Update your employment policies and practices to reflect these changes and ensure that your Human Resources professionals and managers are trained on them.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Illinois, Louisiana, Pennsylvania, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
[1] A veteran is any person honorably discharged from, or released under honorable conditions from active service in, the armed forces who served as an eligible member.
[2] An authorized provider means an individual or group recognized by the armed forces, who are not service members or employees of the United States government and who augment the uniformed members of a military funeral honors detail.
