Section 302.10  Competitive Selection

 

The Director shall determine the relative fitness of applicants and implement a competitive selection process for State employment.  Competitive selection may include an evaluation of such factors as education, experience, training, capacity, knowledge, manual dexterity, character, and physical fitness.  Tests shall be job related and may be written, oral, physical demonstration of skill, an evaluation of physical or manual fitness, or an evaluation of training and experience, or an equivalent evaluation process.  Applicants shall not be questioned with respect to non-merit matters except as is necessary to meet the requirements of law or State procedures.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.20  Testing

 

For positions requiring a test or equivalent evaluation process, such tests shall be conducted by the Director or the Director's designee at such times and places deemed to be practical, convenient and in the best interests of the State service.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.30  Veterans Preference

 

a)         Appropriate preference in competitive selection shall be granted to qualified veterans who have been members of the armed forces of the United States or to qualified veterans who, while citizens of the United States, were members of the armed forces of allies of the United States in time of hostilities with a foreign country (as set forth in Section 8b.7 of the Personnel Code) and to certain other persons as set forth in this Section. [20 ILCS 415/8b.7]

 

b)         To be eligible, applicant must have received discharge under honorable conditions and served under one or more of the following conditions:

 

1)         Served, for at least six months, in the armed forces of the United States, the Illinois National Guard, or any reserve component of the armed forces of the United States; or

 

2)         While a U.S. citizen, been a member of the armed forces of an ally of the U.S. in time of hostilities with a foreign country; or

 

3)         Discharged on the grounds of hardship; or

 

4)         Released from active duty because of a service connected disability; or

 

5)         Served for the duration of hostilities regardless of the length of engagement.

 

c)         Preference will be in the form of points or the equivalent added to the applicable scores of persons who otherwise qualify.  Preference in entrance examinations will be granted as follows:

 

1)         Ten points or the equivalent shall be added to the applicable scores for veteran eligibles currently holding proof of a service connected disability from the U.S. Department of Veterans Affairs or from an allied country for service connected disabilities or if the veteran is a Purple Heart recipient.

 

2)         Five points or the equivalent shall be added to the applicable scores for veteran eligibles who have served during a time of hostilities with a foreign country and who meet the qualifications set forth in subsection (b), but who do not qualify for 10 points under subsection (c)(1).

 

3)         A person not eligible for a preference under subsection (c)(1) or (c)(2) is qualified for a preference of 3 points or the equivalent if the person has served in the armed forces of the United States, the Illinois National Guard, or any reserve component of the armed forces of the United States and the person:

 

A)        served for at least 6 months and has been discharged under honorable conditions; or

 

B)        has been discharged on the grounds of hardship; or

 

C)        was released from active duty because of a service connected disability; or

 

D)        served a minimum of 4 years in the Illinois National Guard or reserve component of the armed forces of the United States, regardless of whether the person was mobilized to active duty.

 

4)         An active member of the National Guard or a reserve component of the armed forces of the United States is eligible for the preference described in subsection (c)(3) if the member meets the service requirements of subsection (c)(3). [20 ILCS 415/8b.7(e)]

 

d)         The following shall be entitled to the same preference to which the veteran would have been entitled under this Section:

 

1)         a surviving unremarried spouse or civil union partner, who has not subsequently married or entered into a civil union, of a veteran who suffered a service connected death; or

 

2)         the spouse or civil union partner of a veteran who suffered a service connected disability that prevents the veteran from qualifying for civil service employment. [20 ILCS 415/8b.7(h)]

 

e)         A preference shall also be given to the following individuals: 10 points for one parent of a veteran who is not married or in a civil union partnership who suffered a service connected death or a service connected disability that prevents the veteran from qualifying for civil service employment.  The first parent to receive a civil service appointment shall be the parent entitled to the preference. [20 ILCS 415/8b.7(h)]

 

f)         Before a veteran's preference is granted, the Department of Central Management Services must verify the applicant's entitlement to the preference by requiring a certified copy of the applicant's most recent DD-214 (Certificate of Release or Discharge from Active Duty) or other evidence of the applicant's most recent honorable discharge from the Armed Forces of the United States. The Department of Central Management Services shall determine whether the documentation submitted by the applicant is acceptable. To be acceptable, the documentation submitted must be an authentic, official record of the United States Armed Forces evidencing the individual's military service. [20 ILCS 415/8b.7(k)]

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.40  Announcement of Examination (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.52  Notice to Eligibles (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.55  Grading Tests

 

The Director shall establish passing grades for tests.  Final grading of tests shall be completed as quickly as is reasonably practicable.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.60  Retaking or Regrading Examinations (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.70  Application and Eligibility

 

Admission to an agency's pre-employment program shall be granted only to applicants who meet such requirements as have been established by the Department for admission to an examination or equivalent evaluation process.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.80  Eligible Lists (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.90  Appointments

 

a)         Except as provided in subsection (b), the filling of a vacant position subject to Jurisdiction B of the Personnel Code may be made in any of the following ways:

 

1)         A probationary appointment following a hiring sequence filled by competitive selection, whether via application of contractual rights or other means;

 

2)         by promotion of a certified employee or a probationary employee who has been certified during the current period of continuous service;

 

3)         by demoting an employee after having filed charges;

 

4)         by accepting an employee's request for a voluntary reduction; or

 

5)         for positions subject to Term Appointment, renewal of a term following an initial appointment following competitive selection pursuant to Section 302.820.

 

b)         No position may be filled by any of the means listed in subsection (a) when there is an available person on a reemployment list for that title in the agency and for the county, location or area in which the position is established.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.91  Alternative Employment

 

a)         The Department shall establish and maintain an Alternative Employment Program for certified employees who, due to a work related or non-work related disability which permanently precludes the performance of regularly assigned duties, are on disability leave, on other appropriate leave or who are receiving disability benefits.  Eligible employees may participate in the Alternative Employment Program under the following conditions:

 

1)         the employee shall voluntarily submit a written request for participation in the Alternative Employment Program and work with a career counselor to identify appropriate positions for employment;

 

2)         the employee shall be eligible for appointment to such alternative employment by virtue of full participation in the Alternative Employment Program; and

 

3)         the employee shall be deemed able to perform the duties of the alternative position after examination, if requested, by a person licensed under the Medical Practice Act [225 ILCS 60] or under similar laws of Illinois, the laws of other states or countries, or by an individual authorized by a recognized religious denomination to treat by prayer or spiritual means.

 

b)         Refusal of an employee to request to participate in the Alternative Employment Program shall not jeopardize the employee's eligibility for any benefit relating to the disability to which he or she would otherwise be entitled.

 

c)         After appointment to a position pursuant to the Alternative Employment Program, the employee shall be entitled to all the rights, benefits and privileges of jurisdictions A, B and C and any applicable collective bargaining agreement.

 

d)         An employee will not be considered as a full participant in the Alternative Employment Program if the employee refuses an offer of employment and is able to perform the duties of that position. However, if the employee cannot perform the duties of the position due to the disabling condition or reasons related to the disability, the employee may remain in the Program.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.100  Geographic Preference (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.105  Pre-Employment Screening

 

Agencies may implement programs for pre-employment screening of persons who the Department has determined are eligible under this Part.  Any program for pre-employment screening of eligibles, as well as the standards established by the appointing agency as a part of such screening, including but not limited to performance tests, mental ability tests, physical agility tests, job knowledge tests, assessment center evaluations, medical examinations, drug use tests, polygraph tests, personality inventory or other psychological tests, or any height/weight/age/sex requirement, shall be implemented and applied consistently.  Procedures for routine reference verification and pre-employment background checking shall not require prior approval of the Director.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.110  Appointment Following Competitive Selection

 

When an appointment to a position is made following a competitive selection hiring sequence, such appointment shall be made in rank order unless, when warranted by application of applicable State law, rule or procedure, the CMS Director or the Director's designee approves bypassing the higher-ranking candidate.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.120  Responsibilities of Eligibles (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.130  Removal of Names From Eligible Lists (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.140  Replacement of Names on Eligible List (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.150  Appointment and Status

 

The following types of appointment and status may be made by the Director:

 

a)         Exempt:  For persons in positions not subject to Jurisdiction B.  If an exempt employee's position becomes subject to Jurisdiction B by reason of extension of Jurisdiction B, the employee will not be afforded job protection unless and until the employee is competitively selected for the position.

 

b)         Emergency:  For persons selected by agencies to meet emergency situations. Such appointments shall not exceed 60 days.  However, where the Director determines an emergency situation that threatens the health, safety or welfare of employees or residents of the State exists, emergency appointments may not exceed 90 days.  Notices of selections and terminations shall be reported immediately to the Director.

 

c)         Temporary:  For persons in positions to perform temporary or seasonal work.  No position shall be filled by temporary appointment for more than 6 months out of any 12-month period.

 

d)         Provisional:  For persons in positions where the exempt status is being finalized or the Director has authorized provisional appointment pending the outcome of competitive selection.  No positions shall be filled by provisional appointment for more than 6 months out of any 12-month period.

 

e)         Probationary:  For persons appointed following a competitively selected hiring sequence, or for persons receiving a promotion.

 

f)         Certified:  For persons having successfully completed the required probationary period in the position.  If a certified employee's position is declared exempt from Jurisdiction B, certified status shall be retained in that position.

 

g)         Trainee:  For persons in positions pursuant to established trainee and apprenticeship programs.

 

h)         Term:  For persons appointed for a four-year term.  At the expiration of four years, the appointment automatically terminates unless renewed by the Director or Chairman of the employing department, commission or board. During the term of appointment, these persons shall be subject to Jurisdictions A, B, and C of the Personnel Code.

 

i)          Intermittent:  For persons appointed pursuant to subsections (e) or (f) above whose work schedule varies from the regular work schedule of the operating agency as provided in an intermittent program established pursuant to Section 302.325.  Incumbents in positions given intermittent status pursuant to such programs shall be allowed to remain in the position at the time the intermittent status is given.

 

j)          Interim Assignment:  For a non-bargaining unit employee in a salary grade or merit compensation (including broad-band and medical administrator) position assigned to perform on a full-time interim basis and be accountable for the higher-level duties and responsibilities of a non-bargaining unit position.  The agency shall provide justification of the need for the interim assignment and the interim assignment occurs upon the approval of the Director of Central Management Services.  The initial interim assignment of the employee to the position shall not exceed six months, but may be extended in six-month increments upon the approval of the Director of Central Management Services, for good cause shown.  The agency shall ensure that the minimum training and experience qualifications are met for the position with higher-level duties and responsibilities.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.160  Extension of Jurisdiction B

 

a)         Employees in positions to which Jurisdiction B is extended pursuant to Section 4b of the Personnel Code, and employees appointed pursuant to the provisions of Section 17a of the Personnel Code shall be continued in such positions and shall attain certified status therein provided they are deemed qualified by the Director, and provided they satisfactorily complete their respective probationary periods.

 

b)         Appropriate standards for probationary appointments shall be prepared by the Director and appointments of such employees shall be without regard to other competitive selection provisions of the Personnel Code and this Part.  Nothing herein shall preclude the reclassification or reallocation as provided by these Rules of any position held by any such incumbent.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.170  Programs

 

The Director may establish trainee or apprenticeship programs for new and/or incumbent employees in accordance with the Position Classification Plan or at the request of an operating agency.  No trainee position under this Part shall be established in any class other than a trainee class.  A trainee or apprenticeship program shall prescribe the purpose, duration and method of selection and shall include curriculum information and employee benefits in a form and manner required by the Director.  A trainee or apprenticeship program may be established for one or more of the following purposes and shall be for a duration not to exceed the limits stated in the class specifications therefor.

 

a)         To develop, through an established program of supervised training and experience, qualified employees for positions which are, in the judgment of the Director, difficult to fill with qualified employees;

 

b)         To cooperate with recognized educational institutions and organizations by making available opportunities for supervised training and work experience required for satisfactory completion of such cooperative or affiliate training programs;

 

c)         To provide specialized orientation and training necessary for satisfactory performance of jobs in technical or professional fields;

 

d)         To attract and interest better qualified employees to State service by selecting outstanding persons and giving them supervised work experience during their period of academic training.

 

e)         To provide training or developmental work experience for the socially, culturally, economically or physically disadvantaged which would assist them in acquiring or augmenting employment skills and/or provide employment opportunities of limited duration.

 

(Source:  Amended at 3 Ill. Reg. 1, p. 63, effective January 1, 1979)

 

Section 302.175  Appointments

 

Appointment to a trainee position shall be made pursuant to a trainee or apprenticeship program established and approved in accordance with Section 302.170.

 

(Source:  Amended at 3 Ill. Reg. 1, p. 63, effective January 1, 1979)

 

Section 302.180  Limitations on Trainee Appointments

 

Any trainee appointed to a position in a trainee class shall be appointed to a permanent position only after successfully completing the approved trainee program.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.190  Definitions

 

a)         Continuous service for purposes of this Part is the uninterrupted period of service from the date of original appointment to State service in any position subject to jurisdiction B except as provided in b and c below.

 

b)         Employees who have accrued continuous service in another merit system in the State service or who have accrued continuous service in State service not covered by any merit system, and who have been transferred to an agency subject to the Personnel Code, shall be given such credit for said service as shall be determined by the Director or required by law.

 

c)         For purposes other than this Part, continuous service is the uninterrupted period of service from the date of original appointment to State service under the Personnel Code except as provided in Section 302.250 and Section 303.155.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.200  Interruptions in Continuous Service

 

Continuous service shall be interrupted by:

 

a)         Resignation; provided, however, that such continuous service will not be interrupted by resignation when an employee is employed in another position subject to jurisdiction B in the State service within 4 calendar days of such resignation;

 

b)         Discharge; provided, however, such continuous service shall not be interrupted if the employee is retained in the position after a hearing before the Civil Service Commission;

 

c)         Termination; because an employee has not been reemployed in a position subject to jurisdiction B within 2 years after layoff.

 

d)         Probationary Separation; separations for failure to satisfactorily complete the probationary period, provided that no other provisions of these rules or relevant collective bargaining agreements allow a certified employee to return to a previously held position classification.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.210  Deductions From Continuous Service

 

Except as provided in Section 302.240, the following shall be deducted from, but not interrupt continuous service:

 

a)         Time away from work for any leaves of absence without pay totaling more than 30 days in any 12-month period except time away from work for a leave of absence to accept a temporary, provisional, emergency or exempt assignment in another class shall not be deducted from continuous service;

 

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

 

c)         Time away from work because of indeterminate layoff.

 

(Source:  Amended at 7 Ill. Reg. 654, effective January 5, 1983)

 

Section 302.215  Leave of Absence for Educational Purposes

 

The administrative head of an operating agency 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 judgment of the agency head the training course would benefit the State of Illinois by improving the employee's qualifications to perform the duties of the employee's position or by qualifying the employee for advancement in rank or grade to another position in State service.

 

Section 302.220  Veterans Continuous Service

 

a)         Leaves of absence shall be granted to all employees, except temporary or emergency employees, who leave their positions and enter military service for 5 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 an application to his/her employing agency within 90 days after separation from active duty or from hospitalization or convalescence continuing after discharge for not more than two years.  The employee must provide evidence of satisfactory completion of training and military service when making application and be qualified to perform the duties of the position.

 

b)         Subject to the provisions of Section 302.110, a veteran who returns to State service after having been granted a leave of absence from provisional status shall be permitted and required to pass the same or similar examination for his/her position within 90 days.

 

c)         Trainees who have not previously done so and whose training was interrupted by military leave, shall be required to complete the trainee program before being granted allocation or non-competitive promotion to a higher class.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.230  Peace or Job Corps Enrollees Continuous Service

 

Any employee who volunteers and is accepted for service in the overseas or domestic peace or job corps shall be given a leave of absence from his/her State employment for the duration of his/her initial period of service and restored to the same or similar position provided that the employee returns to his/her employment within 90 days of the termination of his/her service or release from hospitalization from a service connected disability.

 

Section 302.240  Accrual and Retention of Continuous Service During Certain Leaves

 

During an educational, military, Peace or Job Corps or disability leave, an employee shall retain and accrue continuous service provided return to employment occurs.  No other benefit arising from this Part shall be granted or paid during such leaves.

 

(Source:  Amended at 4 Ill. Reg. 22, p. 227, effective June 1, 1980)

 

Section 302.250  Limitations on Continuous Service

 

Temporary and emergency employees shall not accumulate continuous service except as provided in the State Employee Vacation Time Act [5 ILCS 360].

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.260  Performance Records

 

a)         Performance records shall constitute any material in an employee's personnel file which, in the judgment of the Director, is relevant to determining the appropriateness of proposed or recommended personnel actions.

 

b)         Such records shall be considered by the Director in all cases of promotion, demotion, discharge, layoff, recall, reinstatement, geographical transfer and certification.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.270  Performance Evaluations

 

Each agency shall prepare a performance evaluation in a manner proscribed by the Director not less often than once per calendar year for certified employees, and at least once during a probationary period.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.300  Probationary Period

 

a)         A probationary period of six months shall be served by:

 

1)         an employee who enters State service or commences a new period of continuous service;

 

2)         an employee who is appointed following a competitive selection hiring sequence, whether or not it be considered an advancement in rank or grade.

 

b)         A probationary period of four months shall be served by any employee who is promoted pursuant to Subpart G.

 

c)         An employee transferred during the probationary period shall serve that portion of the probationary period that was not completed at the time of the transfer.

 

d)         A probationary period shall not be deemed to be continued by the payment of any sum for vacation or other benefits accrued during the probationary period.

 

e)         If an employee is absent from work for more than 15 consecutive calendar days during the probationary period because of leave of absence, disciplinary suspension, administrative leave, suspension pending discharge, sick leave, unauthorized absence, or work related injury or industrial disease, the absence shall serve to extend the probationary period by the length of the absence.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.310  Certified Status

 

A probationary employee shall attain certified status only after successful completion of the probationary period in their position.  Notice of certification will be sent to the employee and agency by the Director promptly thereafter.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.320  Status Change in Probationary Period (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.325  Intermittent Status

 

Provisions applying to employees in intermittent status shall be contained in an intermittent program established in a form and manner approved by the Director.  The Director or Chairman of a department, board or commission may request that a position within the agency be given intermittent status.  Such request shall be accompanied by written justification for why intermittent status is necessary or desirable.  The Director of Central Management Services will approve or deny the request based on factors such as the agency's justification, other alternatives which could be implemented to address the agency's needs and the potential fiscal and personnel consequences if the request is not granted.

 

(Source:  Amended at 16 Ill. Reg. 17607, effective November 6, 1992)

 

Section 302.330  Eligibility for Promotion

 

The Director may approve the promotion of qualified employees.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.335  Limitations On Promotions (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.340  Failure to Complete Probationary Period

 

A certified employee who does not satisfactorily complete the probationary period in the position because of inability to perform the duties and responsibilities of the new promoted position may be returned to a position in the class, agency and locality and with the status from which promoted.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.400  Transfer

 

A transfer is the assignment of an employee to a vacant position whose classification has the same maximum permissible salary or rate.  Transfers may be within the same agency (Intra-Agency Transfer) or across agencies (Inter-Agency Transfer).

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.410  Intra-Agency Transfer (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.420  Inter-Agency Transfer (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.425  Merit System Transfer (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.430  Geographical Transfer (Agency Directed)

 

Geographical transfer is the transfer of an employee from one geographical location in the State to another for the performance of duties other than temporary assignments or details for the convenience of the employer.  Geographical transfers shall be made only with the approval of the Director.  The Director in determining whether to approve a transfer shall use information detailed in Section 302.431.  An employee who refuses to accept a geographical transfer must report for duty at the new location but may make written appeal of such transfer to the Civil Service Commission within 15 days after the effective date of the transfer.  An employee shall be reimbursed for all reasonable transportation and moving expense incurred in moving to a new location because of permanent geographical transfer.

 

(Source:  Amended at 3 Ill. Reg. 22, p. 78, effective June 1, 1979)

 

Section 302.431  Geographical Transfer (Agency Directed) Procedures

 

A proposed geographical transfer is subject to the approval of the Director before becoming effective and shall include the following information for the organizational unit from which the geographical transfer is proposed.

 

a)         a statement of reason(s) for transfer;

 

b)         a list of all employees in the affected unit showing title, status and total continuous service;

 

c)         a list of those employees to be transferred;

 

d)         performance records for all employees in classes affected by the transfer;

 

e)         an explanation of any transfer not in order of least continuous service for affected classes; and

 

f)         an explanation of the organizational unit selected, reflecting agency, facility, geographical, operational and other elements being considered relevant by the agency head.

 

(Source:  Amended at 3 Ill. Reg. 22, p. 78, effective June 1, 1979)

 

Section 302.432  Notice To Employee

 

Notice of an approved geographical transfer (agency directed) shall be served on the employee by the Director in typical forms of communication used to most effectively reach that employee, such as, but not limited to, personal delivery, email, mail, certified mail, or other applicable or relevant methods.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.433  Effective Date of Geographical Transfer (Agency Directed)

 

Unless extraordinary operating conditions or events are specified in the proposed transfer plan, no geographical transfer shall be effective until 10 working days after the Director's approval of the transfer plan.

 

(Source:  Amended at 3 Ill. Reg. 22, p. 78, effective June 1, 1979)

 

Section 302.435  Employee-Requested Geographical Transfer

 

An employee-requested geographical transfer is the transfer of an employee from one geographical location in the State to another for performance of duties other than temporary assignments or details for the convenience, and at the written request, of the employee. Employee-requested geographical transfers shall not become effective until the Director verifies the employee's request, the agency approval and that a current vacant position exists. When an employee requests and accepts such geographical transfer the agency shall not be required to reimburse employee for any transportation of moving expenses.

 

(Source:  Amended at 3 Ill. Reg. 22, p. 78, effective June 1, 1979)

 

Section 302.440  Rights of Transferred Employees

 

A transferred employee shall retain status, continuous service and all accrued benefits.

 

Section 302.445  Transfer of Duties

 

When the duties of a position are relocated by transfer or by abolition and reestablishment and when said duties are substantially the same, an incumbent employee may elect to relocate and retain the duties of the position.

 

Section 302.450  Limitations on Transfers

 

Temporary, emergency, and provisional employees shall not be transferred.

 

Section 302.460  Employee Records

 

When an employee has been transferred or resigns to accept a position in another agency, a copy of the agency personnel file, if any, shall be made available to such agency.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.470  Demotion

 

a)         Demotion is assignment of an employee to a vacant position in a class having a lower maximum permissible salary or rate than the class from which the demotion was made for reasons of inability to perform the work of the class from which the demotion was made.

 

b)         An operating agency may initiate demotion of an employee by filing written statement of reasons for demotion with the Director in the form and manner prescribed.  Such written statement shall be approved by the head of the operating agency, and shall contain sufficient facts to show good cause for the demotion.  No demotion shall become effective without the prior approval of the Director who shall take into consideration the employee's education, experience and performance records.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.480  Notice to Employee

 

If the statement of reasons for demotion of a certified employee is approved by the Director, a copy of the approved statement of reasons for demotion shall be served on the employee by the Director in typical forms of communication used to most effectively reach that employee, such as, but not limited to, personal delivery, email, mail, certified mail, or other applicable or relevant methods.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.490  Employee Obligations

 

Upon receipt by the employee of the approved statement of reasons for demotion or upon the effective date thereof, whichever is later, the employee shall leave the position in which assigned prior to such statement of reasons and report for duty to the position to which demoted and such report shall be without prejudice to right of appeal under Section 302.496.

 

Section 302.495  Salary and Other Benefits of Employee

 

Upon receipt by the employee of the approved statement of reasons for demotion, or on the effective date thereof, whichever is later, all salaries and benefits of such employee in the position in which assigned prior to receipt of such statement of reasons shall be adjusted to reflect the demotion.

 

Section 302.496  Appeal by Certified Employee

 

A certified employee who has been served with approved statement of reasons for demotion may appeal to the Civil Service Commission, provided such appeal is made in writing within fifteen days of receipt of the approved statement of reasons for demotion.

 

Section 302.497  Demotion of Other Employees

 

The Director may approve the demotion of probationary employees.  Notice of such demotion shall be served on the employee by the Director, in typical forms of communication used to most effectively reach that employee, such as, but not limited to, personal delivery, email, mail, certified mail, or other applicable or relevant methods.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.498  Status of Demoted Employees

 

A demoted certified employee shall be certified in the class to which demoted and shall not be required to serve a new probationary period.  A demoted probationary employee shall serve a new probationary period in the class to which he/she is demoted unless such employee held certified status in the class to which demoted during the current period of continuous service.

 

(Source:  Amended at 10 Ill. Reg. 13940, effective September 1, 1986)

 

Section 302.500  Voluntary Reduction of Certified and Probationary Employees

 

Certified and probationary employees may voluntarily request or accept assignment to a vacant position in a class having a lower maximum permissible salary or rate.  All requests for or acceptances of such voluntary reductions shall be in writing, and shall be authorized by the employee and be directed to the head of the agency in which the vacant position exists.  A certified employee who is assigned and accepts a voluntary reduction in grade shall be certified in the lower class without serving a probationary period and a probationary employee, the balance of the probationary period; provided however, if reduction results in return to a trainee class or other class for which there is no provision for certification in said class, the individual's certification shall be terminated.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.505  Limitations in Voluntary Reduction

 

Temporary, emergency, and provisional employees shall not be granted a request for a voluntary reduction.

 

Section 302.507  Definition of Layoff

 

A layoff is the placement of an employee in non-paid and non-working status without prejudice either temporarily or indeterminately. No agency may lay off, either temporarily or indeterminately, an employee as a means or form of discipline.

 

(Source:  Amended at 8 Ill. Reg. 7788, effective May 23, 1984)

 

Section 302.510  Temporary Layoff

 

An operating agency may temporarily lay off any employee for not more than five scheduled workdays in any 12-month period as a result of or for lack of work or lack of funds.  Based on class, location, funding, agency or other designation, and taking into consideration continuous service and performance, the temporary layoff of employees shall occur within an organizational unit justified by operations.  The head of the operating agency shall notify the Director of any temporary layoff, its organizational unit, the name of any employee temporarily laid off and the reason(s) therefor prior to the effective date of the temporary layoff.

 

(Source:  Amended at 9 Ill. Reg. 7907, effective May 15, 1985)

 

Section 302.512  Use of Accrued Benefits During Temporary Layoff

 

An employee is not entitled to use any accrued benefit time in lieu of temporary layoff.  Temporary layoff does not create any reemployment rights pursuant to Section 302.570.

 

(Source:  Amended at 8 Ill. Reg. 7788, effective May 23, 1984)

 

Section 302.514  Notice of Temporary Layoff

 

Notice of temporary layoff shall be served on the employee by the agency 30 working days in advance of the effective date unless extraordinary operating conditions or events preclude such advance notice.

 

(Source:  Amended at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.516  Return From Temporary Layoff

 

Upon expiration of a temporary layoff, the employee shall be returned to the position, the position classification and location from which temporarily laid off by the agency.

 

(Source:  Added at 7 Ill. Reg. 654,. effective January 5, 1983)

 

Section 302.518  Scheduling for Temporary Layoffs

 

Temporary layoffs affecting more than one employee may occur with varying effective dates or may occur sequentially and from time to time as long as no employee is temporarily laid off for more than five scheduled workdays in any 12-month period.  An agency shall consider an employee's preference in scheduling a temporary layoff, subject to the operating needs of the agency.

 

(Source:  Added at 7 Ill. Reg. 654, effective January 5, 1983)

 

Section 302.519  Deferral of Wages

 

In lieu of temporary layoffs, the State may enter into a collective bargaining agreement for deferral of wages.

 

(Source:  Added at 7 Ill. Reg. 654, effective January 5, 1983)

 

Section 302.520  Indeterminate Layoff Procedure

 

a)         An operating agency may request the indeterminate layoff of an employee because of lack of funds, material change in duties or organization or lack of work or the abolition of a position for any of these reasons.  Based on class, option, agency, county or other designation, an indeterminate layoff shall be within organizational units justified by operations and approved prior to the layoff by the Director.

 

b)         A proposed indeterminate layoff is subject to the approval of the Director before becoming effective and shall include the following in the organizational unit in which the indeterminate layoff is proposed.

 

1)         a list of all employees showing status and total continuous service;

 

2)         a listing of those employees to be laid off;

 

3)         performance records of all employees affected by layoff plan;

 

4)         an explanation of any layoff not in order of continuous service;

 

5)         an explanation of the organizational unit selected, reflecting agency, facility, geographical, operational and other elements deemed relevant by agency head.

 

(Source:  Amended at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.523  Voluntary Indeterminate Layoff

 

The Director may accept as part of a proposed indeterminate layoff plan the voluntary layoff of an employee without reference to Section 302.520(b)(3) and (b)(4) provided the employee is employed in an affected position classification and in the proposed layoff unit and provided such voluntary layoff is formally requested by the employee prior to the submission of the layoff plan to the Director as required in Section 302.520.  Such voluntarily laid off employee shall, if certified in accordance with Section 302.530, be entitled to reemployment rights in accordance with Section 302.570 or if probationary, in accordance with Section 302.595.  In accepting an employee's request for voluntary layoff the agency head shall consider the operating needs of the agency as well as the wishes of the employee.

 

(Source:  Added at 7 Ill. Reg. 654, effective January 5, 1983)

 

Section 302.525  Disapproval

 

The Director may disapprove by returning to the originating agency any indeterminate layoff plan which results in a disproportionate impact on affected employees on achieving equal employment opportunity goals.

 

(Source:  Amended at 7 Ill. Reg. 654, effective January 5, 1983)

 

Section 302.530  Order of Layoff

 

a)         The following order shall be observed in making an indeterminate layoff:

 

1)         No certified, probationary, or provisional employee may be laid off until all temporary, and emergency employees in the same class, option and approved layoff organizational unit are terminated;

 

2)         No certified or probationary employee may be laid off until all provisional employees in the same class, option and approved layoff organizational unit are terminated;

 

3)         No certified employee may be laid off until all probationary employees in the same class, option and approved layoff unit are laid off.

 

4)         Certified employees will be laid off in reverse order of continuous service in the same class, option and approved layoff unit.

 

b)         Within status groups and in accordance with the layoff plan submitted under Section 302.520, consideration shall be given to performance records and continuous service as defined in Section 302.190.

 

c)         For purpose of this Section, "certified employee" shall mean any employee who has satisfactorily completed a required period of probation and/or attained certified status in any position during the employee's most recent period of continuous service.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.540  Effective Date of Layoff

 

Merit compensation system/broad-banded employees subject to layoff shall be given 30 days notice of the layoff by the employing agency.  A list of all current non-bargaining unit vacancies of all positions within the agency shall be provided to the merit compensation system/broad-banded employee with the notice of layoff.  If any bargaining unit vacancy remains after all contractual obligations are fulfilled, those bargaining unit vacancies may be offered to non-bargaining unit staff to minimize the impact of the layoff.  Vacancy for any employee subject to layoff is defined as the current, funded, vacant position that management has the present intention to fill.  Unless extraordinary operating conditions or events are specified in the proposed layoff plan, no indeterminate layoff shall be effective until ten working days after the Director's approval of the layoff plan.

 

(Source:  Amended at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.545  Filling of Vacancies by Merit Compensation System/Broad-Banded Employees Subject to Layoff via Transfer

 

Each merit compensation system/broad-banded employee who is subject to layoff shall be offered any vacant positions for the same title held by that employee within the same agency and county from which the employee is subject to layoff and within two additional alternate counties designated by the employee.  In the event the employee's facility or office is closing, the employee may designate one additional alternate county, for a total of four counties.  In no event shall the vacancies include positions that are subject to collective bargaining, unless those bargaining unit vacancies remain after all contractual obligations have been fulfilled.  Temporary, emergency and provisional employees shall not be granted a transfer request pursuant to Section 302.450.

 

(Source:  Added at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.550  Employee Opportunity to Seek Voluntary Reduction or Lateral Transfer

 

A certified employee as defined in Section 302.530 who is subject to indeterminate layoff as a result of the Director's approval of a layoff plan shall be promptly notified 30 days prior to the effective date of layoff, and shall then be advised of the opportunity to request voluntary reduction to a current vacant position in accordance with Section 302.500 or lateral transfer to a current vacant position having the same maximum permissible salary or rate in accordance with Section 302.410 or 302.435 within the agency.  An employee seeking voluntary reduction must request the voluntary reduction in writing to the head of the employing agency prior to the proposed effective date of layoff.

 

(Source:  Amended at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.560  Order of Preference in Voluntary Reduction or Lateral Transfer

 

a)         Voluntary Reduction

In the event a certified employee as defined in Section 302.530 requests voluntary reduction as a result of his/her pending indeterminate layoff, the certified employee shall be preferred for any current vacant position in a lower class within the same agency and location in which the employee is then incumbent at the time of the layoff over any probationary or provisional employee, any certified employee subject to layoff having lesser continuous service and any certified employee requesting a reduction who is not subject to layoff.

 

b)         Lateral Transfer

In the event a certified employee requests a lateral transfer as a result of his/her pending indeterminate layoff, the certified employee shall be preferred for any current vacant position whose classification has the same maximum permissible salary or rate within the same agency over any probationary or provisional employee, any certified employee subject to layoff having lesser continuous service and any certified employee requesting lateral transfer who is not subject to layoff.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.570  Reemployment

 

a)         Employees in Titles Subject to Collective Bargaining

The Department shall establish a reemployment report, by class, option, agency and county or other designated geographical area approved by the Director before layoff.  A certified employee who has been indeterminately laid off shall be eligible in order of length of continuous service as defined in Section 302.190 for recall to the first available assignment to a position in the class (or related classes with substantially similar requirements and duties), option, agency, and county or other designated geographical location or area in which the employee was assigned prior to being indeterminately laid off.  When circumstances warrant, at the discretion of the Director, reemployment eligibility may be established by related classes and options whose duties are substantially similar to the class from which the employee was laid off.

 

b)         Employees in Merit Compensation System/Broad-banded Titles

In the event no vacancies exist as described in Section 302.545, employees in merit compensation system/broad-banded titles shall be eligible for reemployment by recall at the employing agency for the title and option from which the employee was laid off, any other titles in which the employee was previously certified within the county from which the employee was laid off and within two additional alternate counties designated by the employee.  In the event the employee's facility or office is closing, the employee may designate one additional alternate county, for a total of four counties.  In no event shall the vacancies include positions that are subject to collective bargaining unless those bargaining unit vacancies remain after all contractual obligations have been fulfilled.  Laid off employees shall remain eligible for reemployment for three years, commencing with the effective date of layoff.  Reemployment of merit compensation system/broad-banded employees to positions under term appointments is subject to the provisions of Section 302.825.  Reemployment of merit compensation system/broad-banded employees to non-term appointment Senior Public Service Administrator and Public Service Administrator positions will be eligible for the identical classification and option designation for the position from which the employee was laid off.  The employee shall be eligible, in order of length of continuous service as defined in Section 302.190, for reemployment by recall to the first available assignment to a position in the class and option, agency, and county or other designated geographical location or area in which the employee was assigned prior to being indeterminately laid off.

 

c)         Qualifications for Reemployment

An agency will not be required to consider any employee who does not have the necessary qualifications for reemployment to any position, or who was not at the same or higher organizational level as the position being filled.  If an agency makes such a determination, this must be documented and submitted to the Department of Central Management Services.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.580  Reemployment Due to Recall

 

Whenever any person eligible for reemployment by recall to a vacant position for the same class, or related classes where such have been established pursuant to Section 302.570, agency and county or other designated geographical area, applies for a posted vacancy, no temporary, provisional or probationary appointments shall be made to such vacancy.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.590  Removal of Reemployment Eligibility

 

a)         A laid off employee shall no longer be eligible for reemployment when:

 

1)         The employee is recalled from layoff;

 

2)         The employee refuses an offer of permanent reemployment;

 

3)         The employee has not been recalled for reemployment within 36 months;

 

b)         Offers of temporary, exempt or emergency appointment shall not be considered as recall.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.595  Laid Off Probationary Employee

 

a)         The name of a probationary employee who is terminated as a result of indeterminate layoff before the completion of the probationary period shall not be eligible for reemployment by recall.

 

b)         An employee serving a probationary period but otherwise certified as defined in Section 302.530 who is to be indeterminately laid off shall be given notice, and may request a voluntary reduction pursuant to Section 302.500 and 302.550.  If no voluntary reduction is effected, the employee will be laid off and the employee shall be eligible for reemployment by recall, in seniority order as provided in Section 302.190, for the agency, work locality and title in which last certified.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.596  Appeal by Employee

 

Within 15 calendar days following the effective date of such layoff and without prejudice to the right to request voluntary reduction, an employee may make written appeal to the Civil Service Commission contesting such layoff.

 

(Source:  Amended at 6 Ill. Reg. 5559, effective May 1, 1982)

 

Section 302.597  Reinstatement from Layoff

 

a)         An employee reinstated for the period for which he/she was improperly laid off shall receive full compensation for such period.

 

b)         Full compensation shall mean compensation such laid off employee would have earned in the position classification during the period of layoff less amounts earned by the employee from any other source including any unemployment payments received during such period.

 

(Source:  Amended at 4 Ill. Reg. 11, p. 67, effective March 1, 1980)

 

Section 302.600  Resignation

 

An employee who voluntarily leaves the State service shall, except in emergency circumstances approved by the agency head, give advance notice of intent not less than 15 calendar days before its effective date.  Once an employee submits a resignation which is accepted by the agency head, the resignation shall not be revoked unless the revocation is requested by the employee and the revocation is approved by the agency head. Resignation in good standing shall mean that the employee gave the required written 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 thereof.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.610  Reinstatement (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.625  Definition of Certified Employee

 

For purpose of rules respecting discipline and discharge, "certified employee" shall mean any employee currently employed in a position subject to jurisdiction B who has satisfactorily completed the required period of probation and attained certified status in the position.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.626  Progressive Corrective Discipline

 

Unless grounds clearly are present warranting immediate discharge or suspension pending decision on discharge, employees shall be subject to corrective discipline progressively utilizing counseling, warnings, and/or suspension, 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, such employee may be discharged in accordance with the appropriate rules.

 

Section 302.628  Prohibited Disciplinary Action

 

No disciplinary action shall be taken against any employee for the disclosure of any alleged prohibited activity under investigation as provided in 80 Ill. Adm. 304.55.

 

(Source:  Amended at 6 Ill. Reg. 10663, effective August 25, 1982)

 

Section 302.630  Disciplinary Action Warning Notice (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.640  Suspension Totaling Not More Than Thirty Days in any Twelve Month Period

 

Disciplinary suspension without pay totaling not more than 30 days in any 12 month period may be imposed upon an employee by an agency head or designee. Unless delay in the imposition of discipline will result in clear harm or damage to an agency, the employee shall be informed in writing of the proposed suspension and the reasons therefor at least 6 working days prior to the effective date of the proposed suspension and be provided with copies of pertinent documents on which the proposed suspension is based.  The employee shall have 5 working days after being informed of the proposed suspension within which to address to the agency head or designee written rebuttal to the reasons given for the suspension.  A decision of an agency head or designee not to suspend the employee shall be rendered in writing before the proposed suspension date.  Written notice of any suspension imposed with the reasons therefor must be served upon the employee on a form prescribed by the Director on or before the effective date of the suspension by typical forms of communication used to most effectively reach that employee, such as, but not limited to, personal delivery, email, mail, certified mail, or other applicable or relevant methods.  Notice of such suspension imposed must also be filed immediately with the Director.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.660  Suspension Totaling More than Thirty Days in any Twelve Month Period

 

The agency head or a designee may, after complying with the procedures set forth in this Part, initiate a disciplinary suspension of any employee totaling more than 30 days in any 12-month period and if such employee is certified, the agency shall file written charges for such suspension with the Director in the form and manner prescribed.  Such written charges shall be approved by the head of the operating agency or designee, and shall contain a clear and concise statement of facts showing good cause for such suspension.  The charges shall be accompanied by a copy of the employee's performance records.  Unless delay in the imposition of discipline will result in clear harm or damage to an agency, the employee shall be informed in writing of the proposed suspension and the reasons therefor at least 6 working days prior to the effective date of the proposed suspension and be provided with copies of pertinent documents on which the proposed suspension is based. The employee shall have 5 working days after being informed of the proposed suspension within which to address to the agency head or designee written rebuttal to the reasons given for the suspension. A decision of an agency head or designee not to suspend the employee shall be rendered in writing before the proposed suspension date.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.670  Approval of Director of Central Management Services

 

No disciplinary suspension totaling more than 30 days in any 12 month period for a certified employee shall be effective without the approval of the Director.

 

Section 302.680  Notice to Employee

 

Notice of approved charges for a disciplinary suspension totaling more than 30 days in any 12 month period shall be served on a certified employee by the Director, in typical forms of communication used to most effectively reach that employee, such as, but not limited to, personal delivery, email, mail, certified mail, or other applicable or relevant methods.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.690  Employee Obligations

 

Upon receipt by the employee of any disciplinary suspension or charges for discharge, the employee shall leave the place of employment and if deemed appropriate by the agency, any housing or other accommodations furnished the employee by the State.

 

Section 302.700  Cause for Discharge

 

Cause for discharge consists of repeated or serious misconduct, willful disobedience or insubordination, gross and habitual neglect of duties, fraud or willful breach of trust, loss of confidence, a commission of a crime or offense, or other similar conduct that creates a reasonable basis for the employee to no longer hold the position.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.705  Discharge Hearing

 

Before an agency shall suspend any certified employee pending decision on discharge or bring charges for discharge against any certified employee, that agency shall apprise the employee of the basis for such action and provide the employee an opportunity to respond to the charges in accordance with the following standards:

 

a)         The agency will notify the employee in writing of the intended discharge or suspension pending discharge.

 

b)         A statement of charges in support of the proposed action, full and complete to the knowledge of the agency at the time it is drawn, will be given to the employee, including the name of any known witness and a copy of any document relevant to the charges.

 

c)         The employee shall have 5 scheduled working days after receipt of the charges and prior to the effective date of the suspension or discharge in which to respond to them orally or in writing.

 

d)         The employee is entitled to representation in any meeting either through the collective bargaining representative or in the absence of such representation by any person or organization.

 

e)         The employee shall remain in paid status pending the response but not necessarily permitted to work.

 

f)         The employee or the employee's representative shall be permitted access to a designated area or a secure area of the work place to investigate the charges and, upon request, be provided a copy of other pertinent documents.

 

g)         The failure of the employee to respond to the charges within the time limits shall not bar the agency from proceeding with discharge.

 

h)         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 of suspension pending discharge was issued and for which the employee has not had an opportunity to respond, a second notice and opportunity for response will be given to the employee.

 

i)          The agency head or a designee shall receive the response of the employee, whether it is oral or written.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.710  Suspension Pending Decision on Discharge

 

An operating agency may suspend after compliance with Section 302.705 any employee for up to 30 days pending the decision of the operating agency whether charges for discharge shall be filed against such employee.   Notice of such suspension must also be filed immediately with the Director.  The agency shall thereafter promptly investigate the facts and circumstances and render its decision.  Should the agency determine that the facts and circumstances do not warrant disciplinary suspension or charges for discharge, the employee shall be made whole.  Should the agency determine that a disciplinary suspension is appropriate, Section 302.640 or 302.660, as the case may be, shall apply in its entirety in lieu of all or part of the period of suspension served.  Should the agency determine that discharge of the employee is appropriate, Section 302.720 shall apply in its entirety.

 

(Source:  Amended at 10 Ill. Reg. 13940, effective September 1, 1986)

 

Section 302.720  Discharge of Certified Employee

 

The agency head or the agency head's designee may after compliance with Section 302.705 initiate discharge of a certified employee by filing written charges for discharge with the Director in the form and manner prescribed by the Director.  Written charges shall be approved by the head of the agency, and 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 performance records.  No discharge of a certified employee shall be effective without the approval of the written charges for discharge by the Director.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.730  Notice to Employee

 

Notice of approved charges for discharge shall be served on the employee by the Director, in typical forms of communication used to most effectively reach that employee, such as, but not limited to, personal delivery, email, mail, certified mail, or other applicable or relevant methods.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.750  Appeal by Employee

 

A certified employee who has been served with approved charges for suspension in excess of 30 days or discharge may appeal to the Civil Service Commission, provided such appeal is made in writing within 15 days of receipt of such approved charges.

 

Section 302.780  Separation of Probationary Employees

 

a)         The Director may approve the separation of a probationary employee who fails to satisfactorily complete the probationary period.  Employees who have not been certified in their current period of continuous service may not appeal a probationary separation.

 

b)         Employees who are separated for failure to satisfactorily complete the probationary period, but who have been certified during their current period of continuous service, may appeal the separation.

 

c)         On appeal, a probationary separation will be reversed only if the separation was determined to violate Section 302.790.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.781  Reinstatement from Separation, Suspension or Discharge

 

An employee reinstated for the period for which the employee was separated, suspended or discharged shall receive full compensation for such period.  Full compensation shall mean compensation such suspended or discharged employee would have earned in the position classification during the period of suspension or discharge less amounts earned by the employee from any other source and unemployment compensation payments received during such period.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.785  Suspension Resulting From Arrest or Criminal Indictment/Suspension Pending Judicial Verdict

 

a)         The arrest or criminal indictment of any employee may be grounds for suspension if the arrest or indictment and facts in support of either made known to the Director:

 

1)         resulted from an employee's conduct in the course of employment duties, including a failure to perform such duties, or

 

2)         occurred on or proximate to State premises and as a result of the employee's conduct thereon, or

 

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

 

b)         The Director shall under the circumstances set forth above, at the request of an agency, suspend an employee, without pay, pending a final court determination of innocence or guilt.

 

c)         The following shall control the suspension pending judicial verdict:

 

1)         An affected employee may be in jail, free on bond or in some other similar status at the time the suspension is imposed.

 

2)         The arrest or indictment of an employee shall be for State or Federal criminal or civil charges, or charges brought in a foreign country, which raise reasonable doubt concerning the employee's suitability for continued employment in the current position. Traffic violations are not sufficient cause for suspension except where the employee temporarily loses driving privileges if the license is a requirement for work as contained in the job description or position classification specification.

 

3)         Any proposed Suspension Pending Judicial Verdict requires approval by the Agency head or designee and will include a complete and detailed statement of the reason(s) for the suspension and a copy of any official document, such as charges, indictment or arrest record, which supports the suspension.

 

4)         Such suspension shall have no designated expiration date, depending on the length of the initial judicial process.  The suspension ends with the return of the employee to work, discharge or termination of employment.  The Director shall notify the agency of the status of the suspension 12 months after the suspension is granted and each 12 months thereafter for the agency to determine the continuing validity of the suspension.  This suspension will not be continued while the employee appeals an initial guilty verdict through higher courts.

 

5)         A suspension pending judicial verdict will be submitted to the Director for approval and service.  An approved Suspension Pending Judicial Verdict will be served on the employee in typical forms of communication used to most effectively reach that employee, such as, but not limited to, personal delivery, email, mail, certified mail, or other applicable or relevant methods.  It will be the responsibility of the employee to notify the agency of any change of address.

 

6)         Upon a finding of not guilty or the dismissal of the charges for any reason the employee, upon application, will be restored to the same or similar position classification in the agency and work location held at the time the suspension was issued.  A similar position classification shall include:

 

A)        the same position classification with different duties;

 

B)        a successor position classification; or

 

C)        a different position classification having related requirements and duties and the same salary or wage assignment.

 

7)         The employee may or may not be entitled to back pay depending upon the circumstances surrounding a finding of not guilty or a dismissal of the charges.  The Director shall make a final determination with respect to whether back pay shall be granted.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.790  Prohibition of Discrimination

 

a)         Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, or any other personnel transaction, because of religion, race, national origin, sex, age, disability or any other non-merit factor is prohibited except where such may be a bona fide job qualification.

 

b)         Any applicant or employee who feels adversely affected in employment because of such discrimination shall have resort to the grievance procedure hereunder and may be joined in such procedure by the Affirmative Action Director or designee where necessary or appropriate.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.795  Administrative Leave

 

a)         With the approval of the Director of Central Management Services, an agency head may relieve an employee from duty when extraordinary circumstances and the best interest of the agency and the State of Illinois will be served in doing so.

 

b)         Circumstances warranting this leave must be of an extraordinary nature and are limited to those situations where no alternative means, such as suspension or temporary reassignment of an employee, will adequately protect the best interest of the agency and the State of Illinois.

 

c)         Duration of an administrative leave shall be no longer than necessary to protect the best interest of the agency and the State of Illinois.  The leave shall initially be for no longer than 60 calendar days, but may be extended for additional periods of time, not to exceed 60 days each, so long as necessary to protect the best interest of the agency and the State of Illinois.

 

d)        Administrative leave shall not be used as an alternative to Suspension Pending Decision on Discharge or Suspension Pending Judicial Verdict pursuant to Section 302.710 and Section 302.785 of this Part.

 

e)         Administrative leave shall not be allowed in lieu of vacation, sick leave, personal business leave or any other type of paid or unpaid leave when the other leave is appropriate, nor shall administrative leave be used to circumvent rules governing limits on other leaves available to an employee.

 

f)         The agency will immediately provide the affected employee written notice of the administrative leave, and the agency will also immediately report any administrative leave to the Department of Central Management Services.

 

g)         Administrative leave time shall extend applicable probationary periods.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.800  Definition of Terms (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.810  Positions Subject to Term Appointments

 

All positions not covered by a collective bargaining agreement and not subject to Section 4d(1), (2), (3) and (6) of the Personnel Code [20 ILCS 415/4d(1), (2), (3) and (6)] on or above merit system grade MS-32 or its equivalent shall be subject to term appointments; except for all positions required by receipt of federal funds to not be subject to a term.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.820  Appointment

 

a)         An appointment to a position subject to term appointment may be made following posting and competitive selection.  Such appointments shall be made for a four-year term commencing on the date of the appointment.

 

b)         After an appointment following initial competitive selection, the employing agency may choose to renew the term appointment or post the position for an additional round of competitive selection with notice to the appointee.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.821  Effect of Loss of Federal Funding on Employees Excluded from Term Appointment by Reason of Being Federally Funded (Repealed)

 

(Source:  Repealed at 10 Ill. Reg. 13940, effective September 1, 1986)

 

Section 302.822  Appointees Under Term Appointments

 

Appointees under term appointments shall be subject to Jurisdictions A, B, and C of Personnel Code with all rights and obligations thereunder during the term of their appointment.  Appointees shall be subject to the provisions of the Personnel Rules during the term of their appointment, including Section 302.400.  Appointment to a different term position following competitive selection restarts the 4 year term period.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.823  No Promotion to Positions Covered by Term Appointments (Repealed)

 

(Source:  Repealed at 10 Ill. Reg. 13940, effective September 1, 1986)

 

Section 302.824  No Reallocation to Term Positions

 

a)         If a position is reallocated, reclassified, or reevaluated to become subject to term appointments, the incumbent may accept a probationary term appointment to the newly reallocated, reclassified, or reevaluated position without additional competitive selection.

 

b)         If the incumbent elects not to accept the probationary term appointment to the newly reallocated, reclassified, or reevaluated position, the individual shall be given a vacant position in the same agency in the same class as the position previously held, or be allowed a voluntary reduction, pursuant to Section 302.500.  The provisions of 80 Ill. Adm. Code 301.20 and 301.30 shall apply.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.825  Reemployment Rights to Term Appointment

 

No employee with reemployment rights granted under Section 302.570 shall be recalled to a position under Term Appointment, unless the employee has previously been appointed to a four year term.  Said reemployment rights shall be limited to the term appointment position held at time of layoff except that an employee laid off from a Senior Public Service Administrator position may also be eligible for reemployment to other related positions in the Senior Public Service Administrator classification pursuant to Section 302.570(b).

 

(Source:  Amended at 18 Ill. Reg. 1892, effective January 25, 1994)

 

Section 302.830  Expiration of Term Appointment

 

a)         A Term Appointment shall automatically terminate at the end of the fourth year after the date of the initial appointment unless the Term Appointment is renewed for another four-year term by the Director or Chairman of the Department, Board or Commission.

 

b)         The Director or Chairman of the Department, Board or Commission shall provide notice to the effected employee and the Department of the intention to renew a term or allow a term to expire no later than four months before the term appointment is set to expire.

 

c)         Failure to renew a Term Appointment is not grievable or appealable to the Civil Service Commission.

 

d)         Should a Director or Chairman of the Department, Board or Commission elect to not renew an expiring term, and instead seek to fill the position via a competitive selection process, the Director or Chairman of the Department, Board or Commission may ask the Director to extend the term appointment until the conclusion of the competitive selection process being used to fill the position.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.840  Renewal Procedures (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.841  Renewal Procedures for Incumbents on the Effective Date of Section 8b18 of the Personnel Code (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 3722, effective March 13, 1989)

 

Section 302.842  Effective Date of Reappointment or Termination (Repealed)

 

 (Source:  Repealed at 13 Ill. Reg. 3722, effective March 13, 1989)

 

Section 302.846  Change in Position Factors Affecting Term Appointment Exclusion (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.850  Reconsideration Request (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.860  Renewal Procedure for Incumbents Subject to Public Act 83-1369 (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 11318, effective July 16, 2024)

 

Section 302.863  Renewal of Certified or Probationary Incumbents in Exempted Positions

 

Any employee holding a term appointment pursuant to this Subpart L whose position is declared exempt from Jurisdiction B of the Personnel Code by the Illinois Civil Service Commission as provided in Section 4d(3) of the Personnel Code shall be continued in that position with probationary status in accordance with Section 302.150(e) or with certified status in accordance with Section 302.150(f) until the expiration of the term.  At the end of the term, the position may only be filled as an exempt appointment.

 

(Source:  Amended at 48 Ill. Reg. 11318, effective July 16, 2024)