Section 212.210  Introduction

 

a)         General

 

1)         Subject

This Part establishes the basic policies governing the personnel in the Office of the State Board of Elections.

 

2)         Equal Employment

The Office of the State Board of Elections does not discriminate with respect to recruitment, hiring, promotion, renewal of employment, discharge, discipline, demotion, privileges or conditions of employment against any individual on any unlawful basis, including race, color, religion, sex, sexual orientation, age, marital status, physical or mental disability, national origin, citizenship, political affiliation, ancestry, military status or unfavorable discharge from military service.

 

3)         Scope

All payroll employees of the Office of the State Board of Elections are subject to the provisions of this Part.

 

b)         Definitions

 

"Administrative Services" means the Division of the Board responsible for accounting, human services and facility services.

 

"Allocation" means the distribution of duties within a job classification.

 

"Board" means the State Board of Elections created by the Illinois Constitution.

 

"Certified Employee" means an employee who has satisfactorily completed a required period of probation and attained certified status in any position during the employee's most recent period of continuous service with the Office.

 

"Certified Status" means status achieved through the successful completion of a probationary period.

 

"Director" means a designated head of an organizational unit as reflected in the organizational chart of the Board, including the Executive Director.

 

"Disclosure Statement" means an internal document that is a statement of outside employment that may cause a potential conflict of interest in performing job duties for the Board.

 

"Executive Director" means Executive Director of the State Board of Elections.

 

"Executive Employee" means the General Counsel, Executive Director, and Assistant Executive Director of the Board.

 

"General Counsel" means the designated head of legal counsel as reflected in the organizational chart of the Board.

 

"Immediate Family" means spouse, parents, stepparents, children, stepchildren, siblings, grandparents, grandchildren, same sex partners, and other persons abiding within the same household eligible to be covered as dependents for health insurance or claimed for income tax purposes. 

 

"Office" means the Office of the State Board of Elections.

 

"Organizational Unit" means the unit to which an employee's position is assigned, as set forth in the Board's organizational chart.

 

"Personnel Transaction" means any transaction that affects an employee's salary, service date, title, and/or position number change.

 

"Probationary Employee" means an employee serving a probationary period after initial hiring from outside the Office.

 

"Probationary Period" means a period of at least six calendar months preceding receipt of notice of certification and after initial hiring from outside the Office or at least four months after appointment to a position within the Office in which the employee has not previously been certified.

 

"Retirement System" means the State Employees Retirement System.

 

"State Service" means employment with those agencies, boards and /or commissions covered under the State Employee Retirement System.

 

"Term Appointment" means a term of four years to which a Director is appointed by the Board.  At the expiration of four years, the appointment automatically terminates unless renewed by the Board. 

 

"Trainee Appointment" means the appointment of qualified employees to an established program of supervised training and experience necessary for satisfactory performance in technical or professional positions, which are, in the judgment of the Director and Executive Director, difficult to fill with qualified employees.

 

(Source:  Amended at 46 Ill. Reg. 18866, effective November 3, 2022)

 

Section 212.214  Position Classification and Compensation

 

a)         Position Classification

 

1)         Organizational Structure:  The organizational structure of the Office shall be as established by the Executive Director and maintained on file in the Office of Administrative Services.

 

2)         Positions and Service:  The establishment and abolition of positions and duties shall be at the discretion of the Executive Director and the Board. All employees serve at the discretion of the Board, subject to the employee rights established by this Part.

 

3)         Classification Plan:  The Director of Administrative Services shall maintain, and revise when necessary, a uniform position classification plan for positions necessary to carry out the duties of the Office.  The classification plan shall be based on the similarity of duties and responsibilities assigned so that the same schedule of pay may be equitably applied to all positions within a classification, under the same or substantially the same employment conditions.  Employees shall be classified by position and each position classification shall be governed by a formal, written position description approved by the Executive Director.  Any change in salary or position description shall be recorded as a personnel transaction.

 

4)         Allocation:  It is the responsibility of each Director to report to the Executive Director and the Director of Administrative Services any significant changes in the duties of any position within the organizational unit.  At a Director's request and upon approval by the Executive Director and the Director of Administrative Services, a survey, audit, or other investigation as may be deemed necessary by the Director shall be made to determine the proper allocation of any position to a classification.  Upon written request of an employee to a Director and upon approval of the Executive Director and the Director of Administrative Services, the investigation by a Director shall be made to determine the proper allocation of the employee's position.  It shall be the responsibility of the Director of the organizational unit in which the position is located to notify the employee, the Executive Director and the Director of Administrative Services of the determination concerning the proper allocation of the employee's position.

 

5)         Reconsideration:

 

A)        Within 30 days after receiving notice of the determination concerning proper allocation of a position, the employee may make a request in writing to the Director for reconsideration of the determination.  Thereafter, the Director shall reinvestigate the duties and responsibilities of the position and, if necessary, of related positions.  The employee shall be given a reasonable opportunity to be heard by the Director.

 

B)        After the re-investigation, the Director shall render a decision in writing and it shall be served on the employee in person or by certified mail, return receipt requested, at the employee's last address shown in the personnel file and to the Executive Director and the Director of Administrative Services.  The effective date of the reconsidered decision shall be the effective date of the allocation decision giving rise to the reconsideration request.

 

C)        An employee wishing to appeal the reconsidered decision shall be entitled to a hearing by the Grievance Review Committee in accordance with the procedure established in Section 212.270 of this Part.

 

6)         Assignments to Other Classifications:  An employee whose position has been allocated to a classification having a higher, lower, or same maximum permissible salary or rate may remain in the position; provided, however, that the Executive Director shall determine, in the case of allocation to a class having a higher maximum salary or rate, whether, considering the nature of the change in duties, the employee is qualified for the position.

 

7)         Revised Class Requirements:  When requirements for a classification are revised and the duties and responsibilities of positions comprising the classification remain essentially unchanged, incumbents in these positions who qualified under previous requirements for the classification shall be considered qualified.

 

b)         Compensation Plan

 

1)         Establishment of Plan:  The Executive Director shall establish and maintain on file in the Office of Administrative Services a Pay Plan for all employees.  The Pay Plan shall designate a salary range for each position classification.  The salary for any particular position shall be fixed by the Executive Director within the designated salary range and based, in his or her discretion, on the duties, responsibilities and work requirements of that position as they relate to the total duties, responsibilities and work requirements of the Office.

 

2)         Provisions of the Pay Plan: 

 

A)        The Pay Plan shall provide for starting rates of pay, and the time and manner in which subsequent changes of salary may be made.  The rate each employee is to be paid shall be set forth in appropriate documents contained within his or her personnel file.  The Pay Plan may also include other provisions not inconsistent with law to assist in the administration of good personnel practices for the Office.

 

B)        The Director or the Executive Director shall have discretion, subject to Board approval, over whether to grant pay increases for any employee within his or her organizational unit.  Merit increases shall not be granted automatically for time in service. 

The Board shall have complete discretion over whether to grant pay increases for Executive Employees and Directors.

 

Section 212.218  Application and Appointment

 

a)         Applications for Employment

 

1)         Notice:  Positions shall be advertised in both the Springfield office and the Chicago office by posting, unless the Executive Director directs otherwise.  Other recruitment methods may be used as deemed appropriate.

 

2)         Submission of Application:

 

A)        Persons seeking employment must submit an application, resume or other documents demonstrating education and experience.

 

B)        Employees seeking positions within the Office must apply in writing to the Director of the organizational unit in which the desired position is located.  The Director shall submit copies of applications received to the Executive Director and the Director of Administrative Services.

 

3)         Screening of Applicants:

 

A)        Interviews:  Directors or their designees are responsible for screening applications for non-Executive Employee positions.  Interviews may be conducted as part of the screening process.  Interviews shall be conducted by the Director of the organizational unit, or their designee, the Director of Administrative Services or their designee, and either the Human Resources Manager or another appropriate staff person chosen by either the Executive Director or the Director of Administrative Services. In any event, a minimum of two members of the interview panel must have successfully completed the course for Rutan certification.

 

B)        Board Conducted Interviews: The Board shall conduct interviews for the positions of Executive Director, Assistant Executive Director, General Counsel and Director.

 

C)        Examinations:  The Executive Director may require any applicants for any positions to take examinations as a means to assess knowledge, skills and the ability to perform the duties of the position.

 

4)         Criteria for Selection:

 

A)        Selection may be based on education, experience, interviews, references, and examinations, if conducted.  Other factors, such as experience within the Office, may also be considered.

 

B)        Pre-employment screening of applicants may include, but is not limited to, background checks and routine reference verifications.

 

C)        If, following the screening process, the Director desires to place an applicant in a position, the Director shall submit their recommendation to the Executive Director for final action, including the decision not to fill the position.

 

D)        A central file of all applicants who applied for or were considered for a position, along with appropriate supporting material, shall be maintained in the Office of Administrative Services for a minimum of three years (application materials) or 10 years (interview and section materials) from the date the position is filled or a decision to not fill the position is made.

 

b)         Appointment

 

1)         Notice of Appointment:  Upon approval of the Executive Director, the Director of Administrative Services shall notify applicants in writing of their appointment to a position.  The notification shall state the position classification, work location, starting salary, and beginning date of employment, all contained in a conditions of employment agreement that shall be signed by all new appointees.  Appointments become effective upon the applicant's reporting for work at the place and time designated in the notification.

 

2)         Types of Appointment:  The following types of appointments may be made by the Executive Director or a Director, subject to the concurrence of the Executive Director.

 

A)        Probationary Employees:  All appointments for newly hired employees shall be subject to the employee's performance through two consecutive performance appraisals by the Executive Director or a Director or their designee of approximately three months each and receipt of notification that the employee has been certified in the position to which appointed.  At any time during this probationary period, newly hired employees may be discharged without notice, cause or any right to hearing.

 

B)        Certified Employees:  Employees successfully completing a probationary period shall be appointed to certified status.  Appointment to certified status shall be effective upon receipt of written notice from the Executive Director or their designee.

 

C)        Temporary Employees:  Employees authorized by the Executive Director or a Director to perform duties and responsibilities on a temporary basis shall receive compensation at the designated rate of a temporary employment agency supplying the worker or as agreed to by the employee and the Executive Director.

 

D)        Acting Status in a Non-Executive Employee Position:  An employee assigned to acting status for any position shall, at the Executive Director's or a Director's discretion, be paid in accordance with the salary range allocated to the position and the responsibilities incurred as a result of the acting assignment; provided, however, that payment shall not be lower than the employee's base salary immediately prior to the acting assignment.  An employee removed from acting status shall be returned to the same or a similar position to the one held prior to the acting status appointment.  The employee's salary shall be not less than their salary at the time they were was appointed to the acting status.

 

E)        Acting Status in an Executive Employee Position:  An employee assigned to acting status to an Executive Employee position classification shall only be appointed by the Board and shall follow the procedures set forth in subsection (b)(2)(D). 

 

F)         Trainee Appointments:  Employees appointed to a trainee position shall be promoted by the Director of the employee's organizational unit, subject to the concurrence of the Executive Director, to the permanent targeted title with no probationary period only after successful completion of the training period, which shall be a minimum of six months and shall not exceed 12 months.  Employees appointed to trainee positions may be discharged at any time prior to promotion without rights to appeal.

 

3)         Other Appointments:  The following types of appointments shall be made only by the Board:

 

A)        Executive Employees:  Executive Employees serve at the discretion of the Board and may be discharged or demoted by the Board at any time without notice, cause or any rights to a hearing.

 

B)        Term Appointments:  Directors and other employees who are appointed for terms of no longer than four years may be discharged at the end of their term without cause or any rights to a hearing.  Sixty days prior to the expiration of the term appointment, the Director of Administrative Services shall serve a notice upon the appointee either in person or by certified mail, return receipt requested, at the employee's last address listed in the personnel file.  This notice shall also be given to the Chair of the Board and the Executive Director.  The Chair of the Board shall notify the employee at least 30 days prior to the expiration of the term of the intention to renew or not renew the appointment.

 

c)         Contractual Employees:  Contractual employees have no rights under this Part.

 

(Source:  Amended at 46 Ill. Reg. 9993, effective May 26, 2022)

 

Section 212.222  Work Schedule and Attendance

 

a)         The Executive Director shall establish and maintain on file in the Office of Administrative Services a schedule of working hours for the Office.

 

b)         The Office of Administrative Services shall maintain daily attendance records for all employees.

 

c)         An employee shall, whenever possible, provide advance notice of absence from work.  For those positions specified in the Pay Plan, any time away from scheduled work hours that is not specifically authorized by a Director or his or her designee in writing shall constitute cause for a deduction from pay.  Absence of an employee for five consecutive workdays without reporting to the appropriate Director may be cause for discharge.

 

d)         Employees who do not have earned time off credited to their name, yet are absent from work, shall be marked as unexcused and their pay shall be adjusted to reflect the absence.  More than three unexcused absences annually could result in disciplinary action, up to and including discharge.

 

e)         Emergency Shut-Down:

 

1)         The Executive Director (or his or her designee) shall declare an emergency shut-down of the Office when there occurs a disruption of the work at the worksite caused by a condition beyond the control of the Office, such as equipment failure, terrorist attack, fire, flood, snow, tornado or other natural disaster, or interruption of services such as water or electricity.  The Executive Director may require certain employees to work during this period to maintain essential services, to help restore services or for other necessary purposes.

 

2)         It shall be the responsibility of the Executive Director (or his or her designee) to notify affected employees of the emergency shut-down.  Time in non-work status is with pay.  Those employees on approved sick leave or vacation at the time of emergency shut-down shall be reimbursed for those days previously approved.

 

Section 212.226  Continuous Service

 

a)         Definition:

 

1)         Continuous service is the uninterrupted period of service from the date of original appointment to State service. 

 

2)         Employees who have previous State service that qualified for earning of vacation benefits shall be given credit for that service, as determined by the Office or as required by law.

 

b)         Interruptions in Continuous Service:

 

1)         Resignation; provided, however, that continuous service shall not be interrupted by resignation when an employee is employed in another position in State service within four calendar days after resignation.

 

2)         Discharge; provided, however, that continuous service shall not be interrupted if the employee is retained in the position after a hearing before the Grievance Review Committee.

 

3)         Termination; if an employee has not been reemployed by the Office within one year after layoff.

 

c)         Deductions from Continuous Service:  Except as provided in subsection (f), the following shall be deducted from, but shall not interrupt, continuous service:

 

1)         Time away from work for any leave of absence without pay totaling more than 30 calendar days in any 12-month period;

 

2)         Time away from work because of disciplinary suspensions totaling more than 30 calendar days in any 12-month period.

 

3)         Time away from work because of layoff.

 

d)         Veteran's Continuous Service:  Leaves of absence shall be granted to all employees who leave their positions and enter military service for four years or less (exclusive of any additional service imposed pursuant to law).  An employee shall be restored to the same or similar position on making an application within 90 days after separation from active duty or from hospitalization continuing after discharge of not more than one year.  The employee must provide evidence of satisfactory completion of training and military service or a qualified health care provider's statement when making application and be qualified to perform duties of the position.  Continuous service and reemployment rights for veterans subject to federal law shall be as provided in the Uniformed Services Employment and Reemployment Rights Act (38 USC 4301-4333).

 

e)         Peace Corps or Job Corps Enrollees Continuous Service:  Any employee who volunteers and is accepted for service in the overseas or domestic Peace Corps or Job Corps shall be given a leave of absence from his or her State employment for the duration of his or her initial period of service and be restored to the same or similar position provided that the employee returns to employment within 90 days after the termination of service or release from hospitalization from a Peace Corps or Job Corps service connected disability.

 

f)         Accrual and Retention of Continuous Service During Certain Leaves:  During an absence for family and medical, educational, administrative, military, Peace Corps or Job Corps, disaster service volunteer or service-connected disability leaves, an employee shall retain and accrue continuous service, provided appropriate application and return is made as required by this Part.

 

Section 212.230  Personnel Records and Performance Reviews

 

a)         Personnel Records

 

1)         A personnel file shall be established for each employee upon entry into employment and shall be maintained in the Division of Administrative Services.  When the following records are maintained, they must be maintained in the personnel file:

 

A)        Applications for employment, letters of recommendation, resumes and school transcripts

 

B)        Offers and acceptances of employment

 

C)        Employment information cards

 

D)        Personnel transaction forms

 

E)        Written commendations and disciplinary actions

 

F)         Annual performance appraisals

 

2)         Records that are non-confidential are not made confidential because of their inclusion in the personnel file.

 

3)         An employee is entitled to view his or her personnel file during working hours with reasonable notice to the Director of Administrative Services or his or her designee.  These records may be inspected only in the presence of the Executive Director or his or her designee or the Director of Administrative Services or his or her designee.  Certain records in the personnel file, in accordance with the law, may be withheld from the employee's inspection.  In addition, personnel files may be viewed by those who exercise direct supervision over that employee, members of the Board, the Executive Director, the Assistant Executive Director, the Director of Administrative Services, the Agency Human Resources Manager, and, to the extent legal advice is sought, attorneys in the Division of the General Counsel.  Other employees, only at the discretion of the Executive Director, may view an employee's personnel file on a need to know basis only.

 

4)         An employee shall be notified of any additions to or deletions from his or her personnel file.  If an employee disagrees with any information contained in the personnel record, the employee may submit a written statement to the Director of Administrative Services explaining his or her position for inclusion in the employee's personnel file.

 

5)         Performance records shall constitute material in an employee's personnel file that is relevant to determining the appropriateness of proposed or recommended personnel transactions. 

 

6)         Performance records shall be considered in all cases, unless excepted by this Part, of promotion, demotion, discharge, layoff, reinstatement, merit salary increases and certification.  In considering any potential change in an employee's current status, the employee's most recent performance records may be given greater weight than the employee's earlier performance records.

 

b)         Performance Evaluations:  Performance records of non-Executive Employees shall include an evaluation of employee performance prepared at least annually on prescribed forms.  Executive employees shall be evaluated in the time and manner prescribed by the Executive Director or the Board.

 

1)         For an employee serving a 6-month probationary period, two evaluations shall be prepared by the Director and submitted to the Director of Administrative Services or his or her designee, one at the end of the third month of the employee's probationary period and another after the fifth month of the probationary period.

 

2)         For an employee serving a 4-month probationary period as a result of a promotion, one evaluation shall be prepared by the Director and submitted to the Director of Administrative Services or his or her designee, after the third month of the probationary period.

 

3)         Additional performance evaluations of individual employees may be conducted by the Executive Director or a Director as deemed necessary.

 

4)         Performance evaluations shall be conducted by the Director of the employee's organizational unit or the employee's direct supervisor.  The Executive Director shall conduct performance evaluations for Directors and Executive Employees.

 

5)         Employees shall be required to sign all evaluation forms to indicate they have read the evaluation and it has been discussed with them by the Executive Director or the Director, whichever is appropriate.

 

(Source:  Amended at 42 Ill. Reg. 5024, effective February 28, 2018)

 

Section 212.234  Probationary Status

 

            a)         Probationary Period:

 

1)         A probationary period of approximately six months shall be served by a full-time employee who is newly hired from outside the Office.

 

2)         A probationary period of approximately four months shall be served by a full-time employee who is promoted.  A probationary employee transferred during the probationary period shall serve that portion of the probationary period that was not completed at the time of the transfer.  Trainee appointments promoted to the target title after successful completion of the trainee period shall not be subject to a probationary period.

 

3)         If an employee is absent from work for more than 15 calendar days during the probationary period, the probationary period shall be extended by the length of the absence.

 

4)         Probationary employees who have not attained certified status shall have no right to grievance procedures with regard to termination, demotion or other employment action.

 

b)         Certified Status:  A probationary employee shall attain certified status only after successful completion of a probationary period and receipt of notice of certification from the Executive Director or his or her designee.

 

Section 212.238  Promotion

 

a)         Definition:  A promotion is the appointment by a Director or the Executive Director of an employee to a position in a classification with a higher maximum permissible salary than the former classification.  The promotion of an employee by a Director shall be subject to approval of the Executive Director.

 

b)         Promotions from Within:  If an outside applicant and an internal applicant are equally qualified for a position, the employee of the Office may be given preference.

 

c)         Salary Increases Resulting from Promotion:  Upon promotion, the salary of an employee shall be as provided in the Pay Plan.

 

d)         Failure to Complete Probationary Period:

 

1)         A promoted, previously certified employee who fails to satisfactorily complete the probationary period in the promoted position because of inability to perform the duties and responsibilities of the promoted position shall be returned to a position in the classification from which promoted without the appeal rights specified in Section 212.270 of this Part.

 

2)         A promoted employee who has been previously certified in any position within the Office may be discharged during the probationary period and, in this event, the employee has the same rights to appeal as a certified employee.

 

3)         No probationary employee shall be promoted unless the employee has previously held certified status during the current period of continuous service.

 

Section 212.242  Employee Transfer

 

a)         Definition:  A transfer is the assignment of an employee to a position whose classification has the same maximum permissible salary as the former classification.

 

b)         Intra-Agency Transfer:  An employee may be transferred to a position involving similar qualifications, duties, responsibilities, and salary range in another division, section, or other unit within the Office.  Transfers may be made by the Executive Director as he or she deems necessary or desirable, in his or her sole discretion.

 

c)         Inter-Agency Transfer:  An employee may be transferred to a position in the same class, or to a position involving similar qualifications, duties, responsibilities and salary range in another agency of the State of Illinois, with the approval of the other agency and the Office, the Executive Director and/or a Director, and with the consent of the employee.  For the purposes of this Section, however, an employee who has laterally transferred from another State agency with less than one year service in the Office shall not be awarded a promotion within the Office unless there are no eligible and qualified candidates with more than one year's service with the Office.

 

d)         Geographical Transfer:  Geographical transfer is the transfer of an employee, for the convenience of the employer, between the Chicago and Springfield offices for the performance of duties other than temporary assignments or details.  An employee who refuses to accept a geographical transfer must report for duty at the new location on the designated date but may make a written appeal of the transfer to the Grievance Review Committee in accordance with the procedures established in Section 212.270 of this Part.  An employee shall be reimbursed for all reasonable transportation and moving expenses incurred in moving to a new location because of a permanent geographical transfer with prior approval from the Executive Director, unless the transfer was requested by the employee.

 

e)         Rights of Transferred Employees:  A transferred employee shall retain status, continuous service, and all accrued benefits.

 

f)         Transfer of Duties:  When the duties of a position are relocated by transfer or by abolition and reestablishment and when the duties are substantially the same as the employee's current position classification, an incumbent employee may elect to relocate and retain the duties of the position.  Expenses incurred for transportation and moving expenses are not subject to reimbursement. 

 

Section 212.246  Demotion

 

a)         Definition:

 

1)         Demotion is the assignment of an employee to a position in a classification having a lower maximum permissible salary than the former classification, made for reasons of inability of the employee to perform the work of the position from which the demotion was made or due to the restructuring of duties and responsibilities within the organizational unit.

 

2)         A Director may initiate demotion of an employee by submitting to the Executive Director and the Director of Administrative Services a written statement of reasons for demotion containing sufficient facts to show good cause for the demotion.  No demotion shall become effective until prior approval of the Executive Director and written notice is served upon the employee.

 

b)         Notice to Employee:  If the statement of reasons for demotion of a certified employee is approved by the Executive Director, a copy of the approved statement of reasons for demotion shall be served on the employee in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

 

c)         Employee Obligations:  Upon receipt of the approved statement of reasons for demotion or upon the effective date of demotion, whichever is later, the employee shall leave the position in which assigned prior to receipt of the notice of demotion and report to work to the position to which demoted.  An employee's report for work to the position to which demoted shall be without waiving any right to appeal under subsection (e).

 

d)         Salary and Other Benefits of Employee:  Upon receipt by the employee of the approved statement of reasons for demotion, or on the effective date of the demotion, whichever is later, all salaries and benefits of the employee in the position in which assigned prior to receipt of the reasons shall be adjusted to reflect the demotion.  An employee assigned to a demotion due to a restructuring of duties and responsibilities within the organizational unit as defined in subsection (a)(1), upon receipt of the approved statement of demotion, or on the effective date of the demotion, whichever is later, shall continue at the same rate of pay of the position in which assigned prior to the receipt of notice of demotion for a period of six months.  After six months in the demoted position, the employee's salary shall be adjusted to the appropriate rate of the demotion.

 

e)         Appeal by Certified Employee:  An employee who is certified in the position from which demoted may appeal the demotion to the Grievance Review Committee by submitting a request in writing to the Director within 15 calendar days after receipt of the approved statement of reasons for demotion.  No later than 10 working days prior to the hearing, the employee shall submit a written statement setting forth his or her position to the Grievance Review Committee, unless the time is extended in writing by the Chair of the Grievance Review Committee.

 

f)         Demotion of Other Employees:  The Executive Director may approve the demotion of probationary employees.  Notice of demotion shall be served on the employee in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.  The demotion of probationary employees is not subject to appeal.

 

g)         Status of Demoted Employees:  A demoted employee shall serve a probationary period in the position to which demoted unless the employee previously held certified status in that classification, in which case the demotion shall be to certified status in the demoted classification.

 

Section 212.250  Layoff

 

a)         Layoff Procedure

 

1)         A Director may request the layoff of an employee because of lack of funds, material change in duties or organization, reduced workload or lack of work, or the abolition of the employee's position.  Based on classification, division or other designation, the order of layoffs shall be within organizational units justified by operations.

 

2)         A proposed layoff plan prepared by the Director of Administrative Services is subject to the Executive Director's and the Board's approval before becoming effective and shall include the following:

 

A)        A list of all employees in the organizational unit in classifications affected by the layoff plan, showing status and total continuous service for each employee;

 

B)        A list of those employees to be laid off;

 

C)        Performance records of all employees affected by the layoff plan; and

 

D)        An explanation of the organizational unit selected, reflecting division, geographical, operational, and other elements deemed relevant by the Director.

 

b)         Order of Layoff

 

1)         No certified employee may be laid off until all newly-hired probationary employees in the same position classification, work location and organizational unit are terminated.

 

2)         In accordance with the layoff plan submitted under subsection (a), consideration shall be given to performance records and continuous service.

 

c)         Effective Date of Layoff:  Unless extraordinary operating conditions or events are specified in the proposed layoff plan, no layoff shall be effective until 10 working days after the Executive Director's and the Board's approval of the layoff plan.

 

d)         Layoff Rights:  For a period of six months following the effective date of his or her layoff, a laid off employee shall be notified of any vacancy in the position classification, work location and organizational unit held by the employee at the time of layoff and be given an opportunity to apply for that vacancy.

 

Section 212.254  Voluntary Reduction

 

a)         Voluntary Reduction of Certified and Probationary Employees:  Certified and probationary employees may voluntarily request or accept assignment to a vacant position in the same organizational unit in a classification having a lower maximum permissible salary.  All requests for or acceptances of the voluntary reductions shall be in writing and signed by the employee and be directed to the Director of the organizational unit in which the vacancy exists.  No reduction shall become effective without the written approval of the Executive Director and upon delivery to the employee.  A certified employee who is assigned and accepts a voluntary reduction shall be certified in the lower classification without serving a probationary period.

 

b)         Certified employees who are subject to layoff shall be advised by the Director of Administrative Services by written notice of the opportunity to request a voluntary reduction.  Requests for voluntary reduction must be received prior to the proposed effective date of layoff.

 

Section 212.258  Resignation and Reinstatement

 

a)         Resignation:  An employee who voluntarily leaves his or her position of employment with the Office shall, except in emergency circumstances approved by the Executive Director, give advance notice of intent not less than 10 working days before the effective date of the resignation.  Once an employee submits a resignation, the resignation shall not be revoked unless the revocation is requested by the employee and the revocation is approved by the Executive Director.  Resignation in good standing means that the employee gave the required notice, or that emergency circumstances justified failure to do so, and that the employee's conduct and work performance were satisfactory at the effective date of the resignation.

 

b)         Reinstatement:  On request of an employee and a Director, the Executive Director shall respond within 30 days after receipt of the request.  At his or her discretion, the Executive Director may reinstate an employee who was formerly certified and who resigned or was terminated in good standing or whose position was reallocated downward or who was laterally transferred.  The reinstatement may be to a position in the classification to which the employee was assigned prior to resignation, termination, downward allocation, lateral transfer, or layoff or to an equivalent or lower position in a related classification.  If deemed necessary by the Executive Director, a reinstated employee may be required to serve a 6-month probationary period in the position to which reinstated.

 

Section 212.262  Employee Conduct

 

a)         Standards of Conduct

Employees of the Office shall obey the rules of conduct of this Office and shall be aware that the absence of a specified published rule of conduct covering an act tending to discredit an employee, this Office or the State of Illinois does not mean that act is condoned or permissible or would not call for, and result in, disciplinary action.  Any act of violence or threat of violence in the workplace, especially resulting in bodily harm or intent to commit bodily harm to another person, may be cause for immediate discharge.

 

b)         Conflicts of Interest

 

1)         General Provisions

No employee shall violate any law, rule, regulation, policy or standard concerning conflicts of interest nor shall any employee engage in any conduct in which the employee's private interests or involvements are, or may reasonably be construed to be, in conflict with or detrimental to the objective performance of his or her official duties and responsibilities.

 

2)         Disclosure Statements

 

A)        The purpose of the Disclosure Statement required by this subsection is to aid the Executive Director in maintaining the objectivity and impartiality of the conduct of the activities of the Office and, where a potential conflict is unavoidable, to provide for the full disclosure of the facts and circumstances involved.

 

B)        Disclosure Statements shall be confidential.  The Office of Administrative Services shall be responsible for the safekeeping of Disclosure Statements.  The Executive Director, Assistant Executive Director, General Counsel, the Board and the Director of Administrative Services may review the Disclosure Statements.

 

C)        The Executive Director and Director of Administrative Services shall review all Disclosure Statements.  If a potential conflict of interest is found, the statements shall be submitted to the Board for review and response.

 

D)        Each employee shall file a Disclosure Statement with the Division of Administrative Services immediately upon employment and shall re-file statements by May 1 annually thereafter indicating all involvements or relationships that could affect the employee's performance of his or her official duties.  Employees shall be under a continuing duty to advise the Director of Administrative Services or his or her designee promptly in writing of any change that would affect an answer given on their current Disclosure Statements or that might affect the objective or efficient performance of their duties.

 

E)        Statement of Economic Interests:  Certain employees are required to file a Statement of Economic Interests as provided in the Illinois Governmental Ethics Act [5 ILCS 420/4A-101].  The Ethics Officer shall review completed statements prior to their being filed with the Secretary of State's Index Department.

 

c)         Political Activities

 

1)         Participation in Political Activities

No employee may participate in political activities, with the exception of voting, while in the employment of the State Board of Elections, pursuant to the Election Code [10 ILCS 5/1A-13].

 

2)         Prohibited Activity

Employees shall not, at any time, use, threaten to use or offer to use the influence or authority of their position to coerce or to persuade any person to follow any course of political action or to make any contribution to a political cause.

 

d)         Official Conduct

 

1)         Criticism of Agencies

No employee shall make use of any information gained in the course of employment with the Office to publicly criticize any State, local, or private agency, such as confidential information obtained during the course of employment with the Office, such as information contained in the record of a closed preliminary hearing.

 

2)         Handling Antagonism or Refusals

When an employee is faced with a situation in which a co-worker or any outside source appears hostile or antagonistic or refuses to release information or documentation relevant to the operation of the Office, unless the requested information is deemed privileged, the employee shall report the fact to his or her supervisor.  Employees shall at no time threaten or coerce any person.

 

3)         Self-disqualification from Certain Assignments

When an employee receives an assignment involving a person acting as a representative for any public or private agency or involving the entity itself with whom he or she has had business or other relationships of a nature that might impair, or give the appearance of impairing, the employee's impartiality or independence, the employee shall discuss with his or her supervisor the possible need to have the matter reassigned.

 

4)         Use of Identification

Credentials issued to employees are for use only in establishing identity or authority in connection with official duties.  An employee shall not allow the use of his or her credentials by any other person.

 

e)         Use of State Time, Position and Property

 

1)         Personal Use Prohibited

An employee is forbidden to use State time, position or property for personal purposes.

 

2)         Protection of Property

An employee has a responsibility to protect and conserve all State property.

 

3)         Liability for Damage or Loss

An employee may be held financially liable for damage or loss of State property resulting from his or her negligent, willful or wanton acts or omissions.  Costs for damage to or loss of State property may be deducted from the responsible employee's pay.

 

4)         Reporting Loss or Damage

An employee shall promptly report any loss, theft, or damage to State property or documents in his or her custody to the Director.

 

5)         Return of Equipment

Upon leaving his or her position with the Office, the employee shall return to the Director of his organizational unit all property and credentials assigned to him or her.  The Director shall assess the condition of property at the time of its return to assure all equipment is fully operational.  At its option, the Office may withhold an employee's final paycheck pending return of State property and credentials assigned to or in the possession of that employee or deduct the value of any property from the departing employee's final paycheck.

 

f)         Disclosure of Official or Confidential Information

 

1)         Testifying and Responding to Subpoenas

When requested or subpoenaed to testify or produce documentation pertaining to confidential information before an executive or legislative commission, a court of law or an administrative tribunal, an employee shall notify the Executive Director and the General Counsel prior to giving the testimony or producing the documentation.

 

2)         Engagements to Speak or Write

 

A)        No employee may accept invitations for public addresses or submit articles for publication that concern the official activities of the Office without obtaining the prior approval of the Director of his or her organizational unit or, in the case of Executive Employees, the Executive Director.

 

B)        An employee may not accept compensation, or permit his or her expenses to be paid by sources other than the State of Illinois, for speaking engagements or writings performed as official duties, except with the prior written approval of the Executive Director.

 

Section 212.266  Discipline and Discharge

 

a)         Termination at the Discretion of the Executive Director:  Probationary employees who have not obtained certified status and Executive Employees in the Office may be terminated at any time without notice, cause or any right to a hearing, upon the recommendation of the Director of the employee's organizational unit, at the discretion of the Board and/or the Executive Director.  Probationary employees who have not obtained certified status in the Office do not have any right to progressive corrective discipline procedures, as set forth in this Section.

 

b)         Progressive Corrective Discipline:

 

1)         Unless grounds clearly are present warranting immediate discharge or suspension pending decision on discharge, employees shall be subject to corrective discipline progressively applied utilizing counseling, warnings, and/or suspensions as the facts and circumstances dictate, prior to discharge.  If an employee's work or work-related conduct remains unacceptable after the application of progressive corrective discipline, the employee may be discharged in accordance with this Part.  This subsection does not apply to employees subject to subsection (a).

 

2)         Grounds warranting immediate discharge or suspension pending decision on discharge shall include, but are not limited to, violence within the workplace resulting in harm to another person, flagrant insubordination, or threat of violence causing imminent fear of physical harm.

 

c)         Discipline – Written Warnings:  A Director or his or her designee may warn an employee either orally or in writing as a disciplinary measure.  A copy of any written warning shall be signed by the appropriate Director and placed in the employee's personnel file.  A copy of the written warning shall be delivered within three working days after the warning in person or sent by certified mail, return receipt requested, to the last address of the employee appearing in the personnel file.  An employee shall have the right to respond to the warning in writing within 10 calendar days after its receipt and any response shall be included in the employee's personnel file.

 

d)         Suspension: 

 

1)         A Director or the Executive Director may suspend an employee without pay for up to 30 working days in any 12-month period.  A longer suspension may be approved by the Executive Director.  The Director or the Executive Director shall provide the employee with written reasons for the suspension in person or sent by certified mail, return receipt requested, to the last address of the employee appearing in the personnel file.  The written charges shall be signed by the Director or the Executive Director and contain a clear and concise statement of facts showing cause for the suspension.  One copy of the notice of suspension shall be placed in the employee's personnel file and one copy shall be delivered to the Director of Administrative Services.  Unless delay will result in clear harm or damage to a division, the employee shall be informed in writing of the proposed suspension and the accompanying reasons, at least four working days prior to the effective date of the suspension.  The employee shall have two working days after being informed of the proposed suspension within which to deliver to the Director or the Executive Director written rebuttal to the reasons given for the suspension.  A decision not to suspend the employee shall be rendered in writing before the proposed suspension date by the Director or the Executive Director.  In the Executive Director's absence, his or her designee shall render a decision.

 

2)         The Executive Director shall have final approval on the decision to suspend or not to suspend an employee, unless the employee to be suspended is a Director.  If the employee is a Director, the Executive Director shall follow the procedure in subsection (d)(1) and notify the Board of the intention to suspend.  The Board shall have final approval on the decision to suspend or not to suspend a Director. 

 

e)         Discharge of Certified Employee:

 

1)         Cause for Discharge:  The Director of an employee's organizational unit, with the concurrence of the Executive Director, shall determine if there is cause for discharge consisting of some substantial shortcoming supported by disciplinary documentation that renders the continuance of an employee of the Office in some way detrimental to the discipline and/or efficiency of the Office and that the law or sound public policy recognizes as good cause for the employee to no longer being held in that position.

 

2)         Pre-Termination Notification and Procedures:  Before charges for discharge may be brought against any certified, non-Executive Employee, the employee shall be apprised of the basis for this action by the Director and the Executive Director and provided with an opportunity to respond to the charges in accordance with the following standards:

 

A)        The employee shall be notified in writing by the Director and the Executive Director of the intended discharge.

 

B)        A statement of charges in support of the proposed action, full and complete to the Office's knowledge at the time it is drawn, shall be given to the employee, including the name of any known witness and a copy of any document pertinent to the charges.

 

C)        The employee shall have five working days after receipt of the charges in which to respond to them orally or in writing.

 

D)        The Director and the Executive Director shall receive the response of the employee, whether it is oral or written.

 

E)        The employee is entitled to be present and may be accompanied by a representative of his or her choice in any meeting.  Only other persons as the Executive Director deems necessary shall be entitled to attend the meeting.

 

F)         The employee, pending the response, may not necessarily be permitted to work or to be present at the Office.

 

G)        The employee or the employee's representative shall be permitted access to a designated, secure area of the work place to investigate the charges and, upon request, be provided a copy of other pertinent documents.  The documents may be inspected only in the presence of an authorized employee as designated by the Executive Director.

 

H)        The employee or the employee's representative shall be given the opportunity to interview witnesses prior to the Pre-Termination Meeting.

 

I)         The failure of the employee to respond to the charges within the time limits mentioned in subsection (e)(2)(C), shall not bar the Office from proceeding with the discharge.

 

J)         When the investigation of the charges causes them to be altered in fact, form, context, or reference from those given the employee at the time the notice was issued and for which the employee has not had an opportunity to respond, a second notice and opportunity for response shall be given to the employee within five working days.  Employees shall be given the opportunity to respond to the notice within five working days.

 

3)         Suspension Pending Decision on Discharge:  The Executive Director may suspend any employee for up to 30 working days pending the decision on whether charges for discharge shall be approved against the employee.  The Executive Director shall, at the time of this suspension, provide the employee with written reasons for the suspension in person or by certified mail, return receipt requested, at the employee's last address appearing in the employee's personnel file.  The Executive Director shall promptly investigate the facts and circumstances and render a decision.  Should the Executive Director determine that the facts and circumstances do not warrant disciplinary suspension or charges for discharge, the employee shall be made whole pursuant to subsection (i).  Should the Executive Director determine that discharge of the employee is appropriate, subsection (e)(4) shall apply in its entirety.

 

4)         Discharge of Certified Employee:  The Executive Director or his or her designee may, after compliance with subsection (e)(2), initiate discharge of a certified employee by filing signed written charges for discharge.  Written charges shall contain a clear and concise statement of facts showing good cause for discharge, and shall be accompanied by a copy of the employee's evaluations.  The final notice of discharge shall contain a statement that the response of the certified employee has been considered before a final decision was made, or that no response was submitted.  Notice of approved charges for discharge shall be served on the employee, in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

 

f)         Discharge of Probationary Employee:  Upon recommendation of the Director of the employee's organizational unit, the Executive Director may approve the discharge or suspension of a probationary employee who has not attained certified status in the Office.  Written notice of discharge or suspension shall be delivered to the employee in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

 

g)         Employee Obligations:  Upon receipt by the employee of any disciplinary suspension or charges for discharge, the employee shall immediately leave the place of employment and return to the Director of his or her organizational unit any State Board of Elections identification and keys.  The Office shall withhold the employee's final paycheck or take other action to insure compliance.

 

h)         Hearing – Certified Employees:  Certified employees who have been served with approved charges for suspension or discharge may appeal to the Grievance Review Committee by submitting a request for hearing in writing within 15 calendar days after receipt of the approved charges for suspension or discharge.  No later than 10 working days prior to the hearing, the employee shall submit a written statement to the Executive Director setting forth his or her position, unless the time is extended in writing by the Executive Director.

 

i)          Reinstatement from Suspension or Discharge:  An employee reinstated for the period for which he or she was suspended or discharged shall receive full compensation for that period if subsequent investigation results in reversal of the charges.  Full compensation shall mean compensation the suspended or discharged employee would have earned in the position during the period of suspension or discharge less any amounts earned by the employee from any other source and any unemployment compensation payments received during that period.

 

j)          Suspension/Discharge Resulting from Arrest or Criminal Indictment:

 

1)         The arrest or criminal indictment of any employee shall not necessarily result in immediate grounds for suspension or discharge.  The facts resulting in either an arrest or criminal indictment may be grounds for suspension or discharge if they meet one or more of the following criteria:

 

A)        resulted from an employee's conduct in the course of employment duties, including failure to perform these duties; or

 

B)        occurred on or proximate to Office premises and as a result of the employee's conduct on those premises; or

 

C)        raises reasonable doubt concerning the employee's suitability for continued Office employment in the present assignment or position.

 

2)         If an employee is not subject to suspension or discharge under this subsection (j), upon recommendation of the Director of the employee's organizational unit, the Executive Director may, depending upon the needs of the Office, at the request of the employee, place the employee on indefinite leave status, without pay, pending a final court determination of the charges. 

 

k)         When the Executive Director is the Director of an employee's organizational unit, the Executive Director may perform any actions provided for in this Section relative to the employee without any required recommendation of any other Director.

 

Section 212.270  Grievance Procedure

 

a)         Grievance:  Any certified employee, unless otherwise excepted by this Part, may file a grievance as to the application of this Part or any policy arising under this Part as to the impact of the application upon his or her employment condition or his or her status.  The existence of a grievance procedure is not intended to discourage the informal resolution of complaints.  The Office intends this procedure to be used infrequently and only for major matters.

 

b)         Grievance Procedure – Limitation:  The rules of the Office and the official policy arising under those rules are not subject to grievance.  The following are not subject to the grievance process:  the discipline, demotion or discharge of executive employees and probationary employees who have not obtained certified status in the Office; the demotion of a certified employee from a position in which he or she is serving a probationary period; layoff; and appointment, discharge, reinstatement, and intra-agency transfers of employees.

 

c)         An employee shall be allowed reasonable time with pay during working hours for the presentation of a grievance, provided that the employee has obtained permission from his or her Director, the employee is currently in active status on payroll, and the employee's absence will not interfere with agency operations. 

 

d)         Grievance Procedure – Abandonment – Extension:

 

1)         Failure of either the grievant or the Grievance Review Committee to comply with the form or time requirements of the grievance procedure shall resolve the matter in favor of the other.  The parties may mutually extend the time limits in writing at any level of the procedure.  However, whenever the last day of a specified time requirement falls on a day on which the Office is closed for regular business, that time requirement shall automatically be extended to the next day on which the Office is open for regular business.

 

2)         An employee's failure to advance a grievance to the next level of this procedure within specified time limits shall mean that the employee has withdrawn the grievance or, if the employee so indicated, accepted the last answer given in the grievance procedure.

 

e)         Grievance Procedure – Steps:

 

1)         Step 1:  A grievant shall submit the grievance to the appropriate Director in writing, including the requested resolution to the grievance.  The Director shall note the date and time upon receipt of the grievance and shall, within five working days after the grievance is filed, issue a written decision and serve a copy of the decision in person upon the grievant and place a copy of the decision in the employee's personnel file.

 

2)         Step 2:  If the grievance is not satisfactorily resolved or no answer is given within the time limit set forth in Step 1, the grievant may submit, within 10 calendar days from the date the Director's decision was due, to the Executive Director a copy of the written statement of grievance submitted in Step 1, along with a request for a grievance hearing. 

 

f)         Grievance Review Committee:

 

1)         The Executive Director or Assistant Executive Director shall appoint a Chair.  The Chair, no later than five working days following receipt of an employee's request for a grievance hearing, shall appoint a Grievance Review Committee.  The Committee shall consist of three members.  The Director or the immediate supervisor of the grievant shall not be appointed to the Committee.  If the Chair is a party to the grievance or is unavailable, the Executive Director shall designate another committee member to chair the Grievance Review Committee.

 

2)         Immediately upon appointment of the Committee, the Chair shall designate the location, time and date for hearing, which shall be no later than 20 working days after receipt of the employee's request for a grievance hearing.  The grievant shall promptly be notified in person or by certified mail, return receipt requested, of the time, date and place of the hearing. 

 

3)         The grievant and others who have knowledge of the relevant facts shall have an opportunity to present evidence in person or by written statement, after which the Committee shall meet privately to reach a recommendation.  The Chair may require that testimony be given under oath or by sworn affidavit and may be recorded by an audio recording device.  In the event the testimony is recorded by an audio recording device, the recording shall be retained in the office of the Director of Administrative Services for a period of three years.  

 

4)         The members of the Committee shall reduce to writing their recommendations as to the disposition of the grievance and submit them to the Executive Director within five working days following the hearing.  A dissenting member of the Committee may make separate recommendations.  All recommendations will bear the signatures of the concurring Committee members.  Upon receipt of the recommendations from a Grievance Review Committee, the Executive Director, or his or her designee, shall approve, disapprove or modify the Committee recommendations, render a decision in writing within five working days, and cause a copy of the decision to be served upon the parties.  The Executive Director's decision shall be final as to the grievant.

 

5)         The written statement of the employee's grievance, the recommendations of the Grievance Review Committee, and the decision of the Executive Director shall be made part of the grievant's personnel file.

 

6)         The Executive Director, for good cause, may extend any deadline set forth in this subsection (f).

 

g)         Representation:  The grievant is entitled to be present and may be accompanied by a representative of his or her choice at the hearing.  Only those persons the Chair deems advisable shall be entitled to attend the hearing.

 

(Source:  Amended at 36 Ill. Reg. 16785, effective November 16, 2012)

 

Section 212.274  Sick Leave

 

a)         Accrual:  Full-time employees shall earn sick leave at the rate of one day for each calendar month's service.  Temporary employees do not earn sick leave.  No employee shall accrue sick leave while remaining on the payroll to collect accrued vacation prior to the effective date of termination.

 

b)         Use:  Sick leave may be used in quarter hour up to full day increments for illness, disability or injury of the employee, appointments with doctors, dentists or other professional medical practitioners, and in the event of serious illness, disability, injury or death of an immediate family member of the employee.  Documentation to substantiate that leave days were used for the purposes stated may be required by the Director if reasonable grounds to suspect abuse exist.  In the event an employee does not use any sick leave in any calendar year, the employee shall be awarded one additional personal day on January 1 of the next calendar year after one year of service.  A calendar year for the purposes of this provision is the period beginning January 1 and ending December 31 of each year.  The additional personal leave shall be used in accordance with Section 212.282.

 

c)         Accumulation:  Employees shall be allowed to carry over any unused sick leave allowed under subsection (a), from year to year of continuous service.

 

d)         Payment in lieu of Sick Leave:

 

1)         Upon termination of employment for any reason, or upon indeterminate layoff, an employee or the employee's estate is entitled to be paid for unused sick leave that accrued on or after January 1, 1984 and prior to January 1, 1998, provided the employee is not employed in another position in State service within four calendar days after the termination.

 

2)         Use of Sick Leave

 

A)        For purposes of this subsection (d), sick leave is deemed to be used by an employee within the following priority order:

 

i)          Sick leave earned through December 31, 1983.

 

ii)         Sick leave earned on or after January 1, 1998.

 

iii)        Sick leave earned on or after January 1, 1984 and prior to January 1, 1998. 

 

B)        The first earned sick leave shall be the first utilized within each category.

 

3)         In order to determine the amount of sick leave to be paid upon termination of employment, the Office shall:

 

A)        compute the number of sick leave days granted to the employee between January 1, 1984 and December 31, 1997;

 

B)        compute the employee's sick leave balance for that time period at time of termination; and

 

C)        cause lump sum payment to be made for one half of the amount of sick leave in subsection (d)(3)(A) or (B), whichever is the lesser amount, multiplied by the employee's current daily salary rate.

 

4)         An employee who is reemployed, reinstated or recalled from indeterminate layoff and who received lump sum payment in lieu of unused sick days shall have these days restored provided the employee repays at his or her last rate of pay upon return to active employment the gross amount paid by the State for the number of days to be so restored to the employee's sick leave account.

 

5)         The payment provided by this subsection (d) shall not be allowed if the purpose of the separation from employment and any subsequent reemployment is for the purpose of obtaining payment.

 

6)         The accrued leave shall be certified in writing to the employee by the Office.  This certification may be held by the employee or forwarded to the Retirement System.

 

(Source:  Amended at 39 Ill. Reg. 6712, effective April 22, 2015)

 

Section 212.278  Vacation Leave

 

a)         Accrual:

 

1)         Full-time employees shall earn vacation leave, accrued monthly on a pro-rated basis in accordance with the following schedule:

 

A)        From the date of hire until the completion of five years of continuous service:  10 days annually.

 

B)        From the completion of five years of continuous service until the completion of nine years of continuous service: 15 days annually.

 

C)        From the completion of nine years of continuous service until the completion of 14 years of continuous service:  17 days annually.

 

D)        From the completion of 14 years of continuous service until the completion of 19 years of continuous service:  20 days annually.

 

E)        From the completion of 19 years of continuous service until the completion of 25 years of continuous service: 22 days annually.

 

F)         From the completion of 25 years of continuous service: 25 days annually.

 

G)        Temporary employees do not accrue vacation leave.

 

2)         No employee shall accrue vacation leave while remaining on the payroll to collect accrued vacation prior to the effective date of termination.

 

b)         Use:  Vacation leave may be used in quarter hour up to full day increments.  Employees may use vacation leave only upon the approval of a Director, or, if the employee is a Director, upon the approval of the Executive Director.  No employee may approve his or her own request for vacation leave.

 

c)         Continuous Service:  Computation of vacation leave of Office employees who have interrupted continuous State service shall be determined as though all previous State service that qualified for earning of vacation benefits is continuous with present service.

 

d)         Accumulation:  Employees shall not be allowed to accumulate vacation time for more than 24 months after the end of the calendar year in which it is earned.  If an employee does not request and take accrued vacation within the 24-month period, vacation earned during that calendar year shall be lost.

 

e)         Payout:

 

1)         Upon leaving employment with the Office, an employee, at his or her option:

 

A)        may be paid in a lump sum for accrued and unused vacation days up to a maximum of 75 days; or

 

B)        may remain on the payroll for the period of time equal to accrued and unused vacation days up to a maximum of 75 days.  However, if, during this period, the employee is placed on another State payroll, he or she shall be removed from the Office's payroll.  In that event, the employee may receive a lump sum payment for, or transfer to his or her account with the new employer, the remaining balance of his or her maximum accrued vacation days less any vacation days used under this subsection (e)(1)(B).

 

2)         The payment provided by subsection (e)(1)(A) shall not be allowed if the purpose of the separation from employment and any subsequent reemployment is for the purpose of obtaining payment.

 

3)         The payment provided by subsection (e)(1) shall not be deemed to extend the effective date of termination by the number of days represented by the payment.  Payment shall be computed by multiplying the number of days (hours) of accumulated vacation by the employee's current daily (hourly) rate.  The accrued leave amount shall be certified in writing to the employee and may be held by the employee or forwarded to the Retirement System.

 

4)         Upon the death of a State employee, the person or persons specified in Section 14a of the State Finance Act [30 ILCS 104/14a] shall be entitled to receive from the appropriation for personal services available for payment of the employee's compensation, the sum for any accrued vacation period to which the employee was entitled at the time of death.  The sum shall be computed by multiplying the employee's last daily rate of pay by the number of days of accrued vacation due.

 

(Source:  Amended at 39 Ill. Reg. 6712, effective April 22, 2015)

 

Section 212.282  Leave for Personal Business

 

a)         Accrual:  Full-time employees shall be permitted 22.5 hours of leave for personal business each calendar year with pay.  Full-time employees who enter service with the Office during any calendar year shall be given credit for personal business leave at the rate of 3.75 hours for each two months of service for the calendar year in which hired.  Temporary employees do not accrue personal leave.  In the event an employee does not use any sick leave in any calendar year, the employee shall be awarded one additional personal day on January 1 of the next calendar year after one year of State service.  A calendar year for the purposes of this provision is the period beginning January 1 and ending December 31 of each year.

 

b)         Personal business leave may be used for occurrences or observance of religious holidays, absence due to severe weather conditions, or for other similar personal reasons, but shall not be used to extend a holiday, vacation or other leave without prior approval.  Personal business leave may be used by employees in quarter hour up to full day increments.  Except for those emergency situations that preclude the making of prior arrangements, personal business leave shall be scheduled sufficiently in advance to be consistent with the Office's operating needs.

 

c)         Carry Over:  Personal business leave shall not accumulate or carry over from year to year.  If the services of an Office employee are terminated by reason of retirement, disability or death, the employee, or the employee's estate, as the case may be, shall be paid a lump sum for the number of days of leave for personal business that the employee had accumulated but not used as of the date the employee's services were terminated, in an amount equal to one half of the employee's last rate of pay per working day times the number of leave days accumulated.  The accrued leave amount paid under this subsection shall be certified by the Office in writing to the employee.  This certification shall be held by the employee or forwarded to the Retirement System.

 

(Source:  Amended at 39 Ill. Reg. 6712, effective April 22, 2015)

 

Section 212.286  Leaves of Absence

 

a)         Types

 

1)         Illness:  An employee who has expended his or her accumulated sick leave may be granted a leave without pay, provided that he or she submits a required statement from an appropriate health care provider setting forth the reasons for the employee's inability to work.  The leave may continue for an appropriate period approved by the Executive Director provided that an appropriate health care provider's statement is submitted within the first 10 calendar days of each month during the leave.  The Office shall continue to pay the premiums for the basic (State-paid) health and life insurances for an employee on illness leave until expiration of authorized leave and return to active service, but not to exceed 24 months.  Failure to submit a statement from an appropriate health care provider within the first 10 days of each month during the leave could result in termination of the leave.

 

2)         On-the-Job Injury and Service-Connected Disease:  An employee who suffers an on-the-job injury or contracts a service-connected disease shall provide notice to the Director and the Director of Administrative Services and be allowed full pay during the first five working days of absence without utilization of any accumulated sick leave or other benefits.  Thereafter, the employee shall be permitted to utilize accumulated sick leave or other benefits unless the employee has applied for and been granted temporary total disability benefits in lieu of salary or wages pursuant to the Workers' Compensation Act [820 ILCS 305] or through the State's self-insurance program.  In the event the service-connected illness or on-the-job injury becomes the subject of payment benefits provided in the Workers' Compensation Act by the Illinois Workers' Compensation Commission, the courts, the State self-insurance program or other appropriate authority, the employee shall restore to the State the dollar equivalent that duplicates payments made as sick leave or other accumulated benefit time, and the employee's benefit accounts shall be credited with leave time equivalents.  Employees whose compensable service-connected injury or illness requires appointments with a doctor, dentist or other professional medical practitioner shall, with supervisor approval, be allowed to go to such appointments without loss of pay and without utilization of sick leave.

 

3)         Family and Medical Leave:

 

A)        Eligibility:

 

i)          Employees who have been employed by the Office for at least 12 months and have worked at least 1,250 hours during the 12 months prior to the start of the federal Family Medical Leave Act of 1993 (FMLA) (29 USC 2601) leave are entitled to up to 12 workweeks leave in any 12-month period for one or more of the following reasons:

 

●          because of the birth of a son or daughter of the employee and in order to care for the child;

 

●          because of the placement of a son or daughter with the employee for adoption or foster care;

 

●          to care for the spouse, or a son, daughter, or parent of the employee, if the spouse, son, daughter or parent has a serious health condition;

 

●          because of a serious health condition that makes the employee unable to perform the function of the position of the employee.

 

ii)        Spouses employed by the Office may be limited to a combined total of 12 workweeks of family leave for the birth and care of a child, placement of a child for adoption or foster care, or to care for an employee's parent who has a serious health condition.

 

B)        Use:  The entitlement to leave under subsections (a)(3)(A)(i) and (iii) expires at the end of the 12-month period beginning on the date of the birth or placement of a son or daughter.  The entitlement to leave under subsections (a)(3)(A)(iii) and (iv) may be taken intermittently when medically necessary and when scheduled, so as to not unduly disrupt the Office's operations.

 

C)        Benefits:  Family and medical leave shall be unpaid. All accrued paid sick time must be exhausted before any unpaid FMLA leave time may be utilized. The employee may choose to substitute accrued paid vacation, personal and/or compensatory time for unpaid FMLA leave. If the employee elects not to substitute his or her accrued paid vacation, personal or compensatory time for unpaid FMLA leave, the employee remains entitled to previously accrued or earned paid vacation, personal or compensatory time. Paid benefit time utilized for FMLA purposes will be counted toward the 12-week FMLA entitlement.  The Office shall continue to pay the premiums for the basic (State-paid) health and life insurances for an employee on family and medical leave.

 

D)        Restoration:  Employees who take leave under this subsection (a)(3) shall be returned to the same or equivalent position with equivalent benefits, pay and other terms and conditions of employment as held by the employee when the leave commenced.

 

E)        Optional Extension:  Family and medical leave may be extended up to a total of six months in any 12-month period at the discretion of the Executive Director.

 

F)         Notice and Certification:  An employee shall provide the Office with not less than 30 days' notice of the employee's intent to take family and medical leave, or other notice as is practical under the circumstances.  Documentation supporting the reasons for taking a leave may be required.  The Office may obtain a second opinion from a health care provider of its choosing.  Authorization from an appropriate health care provider to return to work may be required.

 

G)        The terms and conditions of family and medical leave shall be governed by the Federal Family and Medical Leave Act of 1993.

 

H)        In determining whether a veteran meets the FMLA eligibility requirement, the months employed and the hours that were actually worked for the Office shall  be combined with the months and hours that would have been worked during the 12 months prior to the start of the leave requested but for the military service.

 

4)         Administrative Leave:  The Executive Director may grant administrative leaves of absence to employees for purposes deemed appropriate.  The Executive Director shall determine the duration of the leave and whether the leave shall be with or without pay, full or partial, and with or without State-paid benefits.

 

5)         Excused Absence:  An employee may be granted an excused absence with pay upon the approval of the Director to whom the employee reports.

 

6)         Military, Job Corps and Peace Corps Leaves:  Leaves of absence shall be allowed employees who enter military service, the Peace Corps or the Job Corps as provided below and as may be required by law.

 

A)        Military Service Leave:  Leave of absence without pay shall be granted to all employees who leave their positions and enter military service for four years or less (exclusive of any additional service imposed pursuant to law).  An employee shall be restored to the same or a similar position on making application to the Executive Director within 90 days after separation from active duty or from hospitalization continuing after discharge for not more than one year.  The employee must provide evidence of satisfactory completion of training and military service when making application for reinstatement and be qualified to perform the duties of the position.  Continuous service and reemployment rights for veterans subject to federal law shall be as provided in the Uniformed Services Employment and Reemployment Rights Act (38 USC 4301 et seq.).

 

B)        Military Reserve Training Leave: 

 

i)          Any full-time employee of the Office, other than an independent contractor, who is a member of any reserve component of the United States Armed Forces or of any reserve component of the Illinois State Militia, shall be granted leave from Office employment for any period actively spent in military service, including:

 

●          basic training;

 

●          special or advanced training, whether or not within the State and whether or not voluntary; and

 

●          annual training.

 

ii)        During the leaves, the employee's seniority and other benefits shall continue to accrue.  During leaves for annual training, the employee shall continue to receive his or her regular compensation as a State employee.  During leaves for basic training and for up to 60 days of special or advanced training, if an employee's compensation for military activities is less than his or her regular compensation as a State employee, he or she shall receive his or her regular compensation as a State employee minus amount of his or her base pay for military activities.

 

C)        Federal or State Active Duty/Emergency Call Up:  Any member of the National Guard employed by the Office whose absence from a position of employment is necessitated by reason of being called to State Active Duty, whether or not voluntary, shall be entitled to reemployment rights and benefits and other employment benefits as provided under the Illinois National Guard Employment Rights Law [20 ILCS 1805/Art. V] or the Uniformed Services Employment and Reemployment Rights Act (38 USC 4301) any other applicable State law, regulation or policy.  Except as otherwise provided by law, a member entitled to reemployment upon completion of a period of Federal or State Active Duty shall be promptly reemployed in the position of employment that he or she left with the same increases in status, seniority and wages that were earned during the period of Federal or State Active Duty by employees in like positions who are on the job at the time the returning member entered Federal or State Active Duty, or to a position of like seniority, status and pay, unless the Office's circumstances have so changed as to make it impossible or unreasonable to do so.  Any member of the National Guard who is reemployed or seeks reemployment to a position of employment under this subsection (a)(6)(C) shall be considered as having been on furlough or leave of absence during Federal or State Active Duty and shall be reemployed without loss of seniority and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices related to employees on furlough or leave of absence in effect at the time the member entered Federal or State Active Duty.

 

D)        Active Duty Pay:  Any full-time employee of the State of Illinois, other than an independent contractor, who is a member of the Illinois National Guard or a reserve component of the United States Armed Forces or the Illinois State Militia and who is mobilized to active duty shall continue during the period of active duty to receive benefits and regular compensation as a State employee, minus an amount equal to his or her military active duty base pay.  The terms and conditions of active duty leave shall be as determined by the Department of Central Management Services and the State Comptroller.  Employees on active duty leave retain all rights to reemployment benefits, including insurance.

 

E)        Certification of Leave:  To be eligible for military leave or emergency call-up pay, the employee must provide certification from the commanding officer of his or her unit that the leave taken was for either such purpose.

 

F)         Leave for Military Physical Examinations:  Any employee drafted into military service shall be allowed up to three days leave with pay to take a physical examination required by the draft.  Upon request, the employee must provide the Office with certification by a responsible authority that the period of leave was actually used for that purpose.

 

G)        Peace Corps or Job Corps Enrollees Continuous Service:  Any employee who volunteers and is accepted for service in the overseas or domestic Peace Corps or Job Corps shall be given a leave of absence from State employment for the duration of the initial period of service.  The employee shall be restored to the same or similar position provided that the employee returns to employment within 90 days after the termination of service or release from hospitalization for a Peace Corps or Job Corps service-connected disability, in which case a physician's statement shall be provided to the Office.

 

H)        Veterans Hospital Leave:  An employee who is also a veteran shall be permitted two days with pay per year to visit a veteran's hospital for examination of a military service-connected disability.  The two days shall not be charged against any sick leave currently available to the employee.

 

7)         Disaster Service Volunteer Leave:  Any employee who is a certified disaster service volunteer of the American Red Cross or assigned to the Illinois Emergency Management Agency in accordance with the Illinois Emergency Management Act, the Emergency Management Assistance Compact Act, or other applicable administrative rules may be granted leave from work with pay for not more than 20 working days in any 12-month period to participate in specialized disaster relief services for the American  Red Cross or for the Illinois Emergency Management Agency, as the case may be, upon the request of the American Red Cross or the Illinois Emergency Management Agency for the services of that employee and, upon the Executive Director's approval, the employee shall be granted disaster service volunteer leave without loss of seniority, pay, vacation time or any other employee benefit.

 

8)         Attendance in Court:  Any employee called for jury duty or subpoenaed by any legislative, judicial, or administrative tribunal shall be allowed time away from work with pay for these purposes.  Upon receiving the sum paid for jury service or witness fee, the employee shall submit the warrant, or its equivalent minus the amount paid for mileage, to the Fiscal Office to be returned to the fund in the State Treasury from which the original payroll warrant was drawn; provided, however, an employee may elect to fulfill the call or subpoena on accrued time off and retain the full amount received for the service.

 

9)         Parental Leave

 

A)        All employees will be eligible for 10 weeks (50 work days) of paid parental leave, per six-month period which begins upon birth, for each pregnancy resulting in births or multiple births.  Proof of pregnancy must be provided to Administrative Services no later than the 24^th week of pregnancy.  Proof of a parent-child relationship (birth certificate or other appropriate documentation) must be provided to Administrative Services for a non-covered spouse.

 

B)          All employees will be eligible for 10 weeks (50 work days) of paid parental leave per six-month period for a new adoption.  Employees must notify Administrative Services that the adoption has been initiated.  If the adoption occurs after foster placement, the leave is permitted only if the child or children has/have not resided with the employee for more than three years.  The six-month leave period begins either:

i)          when physical custody of the child or children has been granted to the employee, provided that the employee can show that the formal adoption process is underway; or

ii)         in cases of adoption following foster placement, upon filing of the Petition for Adoption.

 

C)        Parental leave must be exhausted no later than six months after the birth or adoption of the child.

 

10)         Educational Leave:  The Executive Director may grant an employee an educational leave of absence for the purpose of engaging in a training course.  No educational leave may be granted unless, in the Executive Director's judgment, the training course would benefit the Office by improving the employee's qualifications to perform the duties of the employee's position in Office service.  During a period of educational leave, only State-paid health benefits and life insurance benefits shall continue as provided under Section 10(c) of the State Group Insurance Act [5 ILCS 375].

 

11)         Organ Donor/Blood Donor Leave: 

 

A)        Upon request and approval by the Office, an employee may be entitled to organ donor and/or blood donor leave with pay as follows:

 

i)          up to 30 days of organ donation leave in any 12-month period to serve as a bone marrow or organ donor.  Medical documentation of the proposed organ or bone marrow donation shall be required before the leave is approved by the Director;

 

ii)         up to one  hour to donate blood every 56 days.  Medical documentation to substantiate the use of leave time for this purpose may be required;

 

iii)        up to two hours to donate blood platelets in accordance with appropriate medical standards established by the American Red Cross or other nationally recognized  standards.  Leave to donate blood platelets may not be granted more than 24 times in a 12-month period.

 

B)        An employee may not be required to use accumulated sick or vacation leave time before being eligible for leave under this subsection (a)(11).  Medical documentation to substantiate the use of leave time for these purposes may be required.

 

12)         Leave Due to Domestic or Sexual Violence:  An employee who is a victim of domestic or sexual violence or who has a family or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee as it relates to the domestic or sexual violence may be entitled to take up to 12 workweeks of unpaid leave during any 12-month period for the purposes and under the terms and conditions provided in the Victims' Economic Security and Safety Act [820 ILCS 180] and implementing regulations (56 Ill. Adm. Code 280).

 

b)         Employee Rights After Leave:  When an employee returns from a leave of absence of six months or less, the Office shall return the employee to the same or similar position in which the employee was incumbent prior to the commencement of leave, provided that all requirements for substantiation of use of leave or physical fitness have been furnished and that application for reassignment is made within the specified time limit of the leave.  When an employee returns from a leave of absence exceeding six months in duration, other than leave of absence granted under subsection (a)(6), and there is no vacant position in the same position classification in which the employee was incumbent prior to the commencement of leave, the employee may be laid off. An employee returning from a leave of absence under subsection (a)(6) shall be returned to the same or similar position in which the employee was incumbent prior to the commencement of leave, provided that all requirements for substantiation of use of leave or physical fitness have been furnished, that application for reassignment is made within the specified time limits of the leave, and that the Office's circumstances have not changed so as to make reassignments impossible or unreasonable.

 

c)         Failure to Return:  Failure of an employee to return from leave within five working days after the expiration or termination date of a leave, whichever is applicable, may be cause for discharge.  Leave shall automatically terminate upon the employee's securing other employment during the leave period.  It shall be the employee's responsibility to notify the Director and the Director of Administrative Services of other employment.

 

d)         Accrual and Retention of Continuous Service during Certain Leaves:  During the following leaves, an employee shall retain and accrue continuous service, provided appropriate application and return is made as required by this Section:  family and medical leave; educational leave; administrative leave; military leave; Peace Corps or Job Corps leave; disaster service volunteer leave; or service-connected disability leave.

 

(Source:  Amended at 46 Ill. Reg. 18866, effective November 3, 2022)

 

Section 212.290  Holidays

 

a)         Authorized Holidays:  All full-time employees shall have time off, with full salary payment, on the day designated as a holiday for the following:

 

            1)         New Year's Day

 

2)         Martin Luther King Day

 

3)         Lincoln's Birthday

 

4)         Washington's Birthday (President's Day)

 

5)         Memorial Day

 

6)         Independence Day

 

7)         Labor Day

 

8)         Columbus Day

 

9)         Veteran's Day

 

10)        Thanksgiving

 

11)        Christmas Day

 

12)        General Election Day (on which members of the House of Representatives are elected).  Notwithstanding, employees who are required to work regular hours on General Election Day shall be granted one and one-half days of compensatory time (11.25 hours). Employees who are required to work a 12-hour shift on General Election Day shall be granted two days of compensatory time (15.0 hours).  Temporary employees shall not be compensated for non-working days or holidays.

 

13)        Any additional days proclaimed by the Governor of the State of Illinois or the President of the United States.

 

b)         Holiday Observance:  Where employees are scheduled and required to work on a holiday, equivalent time off shall be granted within the following 12-month period at a time convenient to the employee and consistent with the Office's operating needs.

 

c)         Holiday during Vacation:  When a holiday falls on an employee's regularly scheduled work day during the employee's vacation period, an extra day shall be added to the employee's accumulated vacation days.

 

(Source:  Amended at 42 Ill. Reg. 5024, effective February 28, 2018)

 

Section 212.294  Overtime

 

a)         Overtime:  For those positions that are not considered executive, administrative or professional as defined under the provisions of 29 CFR 541 and for those executive, administrative or professional positions for which compensatory time is authorized by the Executive Director, authorized work in excess of the scheduled workweek as established by subsection (a)(2) shall be overtime.  Overtime may be compensated in cash or compensatory time.

 

1)         Each Director shall determine the need for and establish an overtime schedule that recognizes the unique mission and workload of the organizational unit.  The Executive Director may require employees to work overtime or at times other than their regular work schedule to meet workloads or service requirements of the Office.

 

2)         The definition of a scheduled workweek is as follows:

 

A)        The Springfield office's regularly scheduled work hours shall be 37.5 hours, Monday through Friday, 8:00 A.M to 4:30 P.M.

 

B)        The Chicago office's regularly scheduled work hours shall be 37.5 hours, Monday through Friday, 8:30 A.M. to 5:00 P.M.

 

C)        Scheduled work hours for employees on an approved flex-time work schedule, as approved by the Executive Director, shall be reflected as designated by the Executive Director.

 

b)         Compensatory Time:  An employee's overtime accumulations shall be liquidated by the utilization of compensatory time off, when that utilization is practical.  Compensation shall be made at a straight-time rate for work in excess of the scheduled workweek but less than a 40 hour workweek.  For those positions that are not considered executive, administrative or professional, work in excess of a 40 hour week shall be compensated at time and one-half.  For those employees in professional positions for which compensatory time is authorized by the Executive Director, work in excess of a 40 hour week shall be compensated on an hour for hour basis.

 

c)         Compensatory Time Schedule:  Compensatory time must be pre-approved by the Director of the employee's organizational unit, the Executive Director or the Assistant Executive Director.

 

d)         Overtime Compensation Liquidation:  Whenever it is not practical to liquidate an employee's overtime with compensatory time off, or whenever the employee's accrued compensatory time exceeds 240 hours, the employee shall be reimbursed on normal payroll, subject to withholding, at the employee's current rate of pay.  Payment shall be made at a straight-time rate for work in excess of the scheduled workweek but less than a 40 hour workweek.  For those positions that are not considered executive, administrative or professional, work in excess of a 40 hour workweek shall be paid at time and one-half.  For those employees in professional positions for which compensatory time is authorized by the Executive Director, work in excess of a 40 hour week shall be compensated on an hour for hour basis.

 

e)         Overtime − Accumulation:  All employee overtime compensation shall be liquidated by the end of the fiscal year unless prior approval is obtained by the Executive Director to extend the time period.

 

f)         All overtime records shall be approved by the Director and kept in the Office of Administrative Services and entered on the monthly Time and Attendance System. 

 

Section 212.298  Interpretation and Application of Rules

 

The Executive Director shall determine the proper interpretation and application of each provision of this Part.  The decision of the Executive Director as to the proper interpretation or application of any rule shall be final and binding upon all affected employees unless modified or reversed by the Grievance Review Committee, the courts or an administrative tribunal.

 

Section 212.299  Savings Clause

 

If any Section or part of any Section of this Part shall be held invalid, the remaining provisions of the Part shall have and be given full force and effect as completely as if the invalidated part had not been included therein.