AUTHORITY: Implementing Section 2-10 of the Illinois State Auditing Act [30 ILCS 5] and authorized by Section 2-12(a) of the Illinois State Auditing Act.

SOURCE: Personnel rules filed effective July 27, 1976; amended at 2 Ill. Reg. 52, p. 237, effective December 28, 1978; amended at 3 Ill. Reg. 41, p. 138, effective October 11, 1979; amended at 4 Ill. Reg. 1, p. 20, effective December 30, 1979; amended at 4 Ill. Reg. 12, p. 526, effective March 6, 1980; amended at 5 Ill. Reg. 8625, effective August 12, 1981; amended at 6 Ill. Reg. 7780, effective June 18, 1982; amended at 6 Ill. Reg. 11837, effective September 12, 1982; amended at 7 Ill. Reg. 9983, effective August 8, 1983; codified as Subpart D at 8 Ill. Reg. 1968; amended at 8 Ill. Reg. 3576, effective March 12, 1984; Procedures to be Followed by the Public in Obtaining Information (Article 3) adopted at 4 Ill. Reg. 26, p. 144, effective June 13, 1980; Internal Office Rulemaking Procedures adopted at 4 Ill. Reg. 26, p. 147, effective June 13, 1980; Agency Organization adopted at 4 Ill. Reg. 26, p. 151, effective June 13, 1980; Public Information, Rulemaking and Organization codified at 8 Ill. Reg. 18070; amended at 9 Ill. Reg. 7889, effective May 13, 1985; amended at 9 Ill. Reg. 18439, effective November 20, 1985; amended at 11 Ill. Reg. 10857, effective May 29, 1987; former Part repealed and new Part adopted at 18 Ill. Reg. 6440, effective May 1, 1994; amended at 21 Ill. Reg. 12434, effective August 27, 1997; amended at 28 Ill. Reg. 14457, effective December 1, 2004; amended at 33 Ill. Reg. 1704, effective March 10, 2009; amended at 44 Ill. Reg. 5873, effective April 1, 2020; amended at 47 Ill. Reg. 4396, effective March 27, 2023; amended at 48 Ill. Reg. 2069, effective January 29, 2024.

SUBPART A: PUBLIC INFORMATION

 

Section 600.10  Procedures for the Public to Obtain Information

 

Procedures for the public to obtain information are contained in 74 Ill. Adm. Code 420.Subpart G (Maintenance of Information) and in 2 Ill. Adm. Code 601 (Freedom of Information), which are incorporated herein by reference.

SUBPART B: RULEMAKING PROCEDURES

 

Section 600.110  Introduction

 

a)         Subject

This Subpart describes the internal rulemaking procedures of the Office of the Auditor General.

 

b)         Authority

The authority for this Subpart is found in:

 

1)         The Illinois State Auditing Act (Ill. Rev. Stat. 1991, ch. 15, pars. 302-12(a) and 303-7(g)(1)) [30 ILCS 5/2-12(a) and 5/3-7(g)(1)]; and

 

2)         The Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-15) [5 ILCS 100/5-15].

 

c)         Incorporations

The following materials are incorporated by reference and made a part of this Subpart:

 

1)         74 Ill. Adm. Code 440, Subpart A.Standards of Construction for Rules; and

 

2)         74 Ill. Adm. Code 440, Subpart B.Definitions.

 

Section 600.120  Rulemaking Procedures

 

a)         Description of Rulemaking Procedures

 

1)         Rulemaking procedures may be initiated three ways:

 

A)        Rulemaking required by legislative or other governmental acts;

 

B)        Rulemaking initiated by recognition of a necessary rule by the audit or administrative functions of the office; and

 

C)        A petition from parties outside the office for the office to undertake rulemaking in a particular area.

 

2)         All rulemaking, when initiated, is referred to Legal Counsel for the purpose of drafting a proposed rule.  After the rule is drafted, it is circulated in-house for comments.  After comments have been made, the draft is analyzed by Legal Counsel and other appropriate parties for revision.  The revised draft is then adopted as a proposed rule and published, processed, evaluated, revised, adopted and filed as a rule pursuant to the requirements of the Illinois Administrative Procedure Act and the Illinois State Auditing Act.

 

b)         Flow Chart of Rulemaking Procedures

The Flow Chart of Rulemaking Procedures is found in Section 600.Appendix A of this Part.

SUBPART C: ORGANIZATION

 

Section 600.210  Introduction

 

a)         Subject

This Subpart sets out the organization of the Office of the Auditor General.

 

b)         Authority

The Authority for this Subpart is found in:

 

1)         The Illinois State Auditing Act (Ill. Rev. Stat. 1991, ch. 15. par. 302-12(a)) [30 ILCS 5/2-12(a)]; and

 

2)         The Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-15) [5 ILCS 100/5-15].

 

c)         Incorporations

The following materials are incorporated by reference and made a part of this Subpart:

 

1)         74 Ill. Adm. Code 440.Subpart A, Standards of Construction for Rules; and

 

2)         74 Ill. Adm. Code 440.Subpart B, Definitions.

Section 600.220  Description of Organization of Office of the Auditor General

 

The Office of the Auditor General is organized as shown in Appendix B for the conduct of the responsibilities mandated by the Illinois State Auditing Act.

SUBPART D: PERSONNEL

 

Section 600.610  Introduction

 

a)         General

 

1)         Subject

This Subpart establishes the basic policies governing personnel in the Office of the Auditor General.

 

2)         Equal Employment

The Office of the Auditor General does not discriminate against any individual on any unlawful basis, including race, color, religion, sex, sexual orientation, age, marital status, physical or mental disability, national origin, citizenship status, arrest record, political affiliation, ancestry, military status or unfavorable discharge from military service.

 

3)         Scope

All payroll employees of the Office of the Auditor General are subject to the provisions of this Subpart.

 

b)         Definitions

 

"Auditor General" means the Auditor General of the State of Illinois.

 

"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 completion of a probationary period.

 

"Deputy Auditor General" means the Deputy Auditor General of the State of Illinois.

 

"Director" means a designated head of an organizational unit as reflected in the organizational chart in Appendix B.  When appropriate, the term "director" includes the Auditor General and Deputy Auditor General.

 

"Executive Employee" means a Director, a Legal Counsel, the Assistant to the Auditor General, and other employees as designated in their position descriptions.

 

"Gift Ban Law" means Article 10 of the State Officials and Employees Ethics Act [5 ILCS 430].

 

"Immediate Family" means spouse, civil union partner, domestic partner, parents, mother-in-law, father-in-law, stepparents, children, stepchildren, siblings, grandparents, grandchildren, and other persons who abide within the same household. For bereavement purposes, the term also includes niece, nephew, aunt, uncle, brother-in-law, sister-in-law, son-in-law and daughter-in-law.

 

"Office" means Office of the Auditor General.

 

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

 

"Probationary Period" means a period of approximately 6 calendar months preceding receipt of notice of certification and after initial hiring from outside the Office or of approximately 4 months after appointment to a position within the Office in which the employee has not previously been certified. Probationary periods of longer duration may be imposed as provided in this Subpart.

 

"State Auditor" means a State payroll employee of the Office who has been authorized by the Auditor General to conduct audits, investigations and studies and who has been appointed State Auditor in accordance with this Subpart.

 

(Source:  Amended at 44 Ill. Reg. 5873, effective April 1, 2020)

 

Section 600.614  Position Classification and Compensation

 

a)         Position Classification

 

1)         Organizational Structure:  The organizational structure of the Office shall be as established by the Auditor General and maintained on file.

 

2)         Positions and Service:  The establishment and abolition of positions and duties shall be at the discretion of the Auditor General.  All employees serve at the discretion of the Auditor General subject to the employee rights established by this Subpart.

 

3)         Classification Plan:  The Auditor General 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 Auditor General.  Any change in salary or any change to a position description impacting an employee incumbent in that position shall be recorded as a personnel transaction.

 

4)         Allocation:  It is the responsibility of each Director to report any significant changes in the duties of any position within the organizational unit.  At the request of a Director, 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, an investigation as may be deemed necessary 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 of the determination concerning the proper allocation of his or her position.

 

5)         Reconsideration:

 

A)        Within 30 days after receiving notice of the decision, the employee may make a request in writing of the Director for reconsideration of the decision.  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.

 

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.  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 procedures established in Section 600.670 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 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 the previous requirements for the classification will be considered qualified.

 

b)         Compensation Plan

 

1)         Establishment of Plan:  The Auditor General shall establish and maintain 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 Auditor General within the designated salary range and based, in his 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:  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.

 

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.618  Application and Appointment

 

a)         Applications for Employment

 

1)         Notice:  Positions shall be advertised in the offices by posting unless the Auditor General 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 document 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.

 

3)         Screening of Applicants

 

A)        Interviews:  Directors or their designees are responsible for screening applications for positions.  Interviews may be conducted as part of the screening process.

 

B)        Examinations:  The Auditor General may require applicants 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, including but not limited to performance tests, job knowledge tests, personality inventory or other psychological tests, background checks and routine reference verifications, may be performed at the direction of a Director if job related and done in compliance with applicable federal or State statutes and regulations.

 

C)        If, following the screening process, the Director desires to place an applicant in a position, the Director shall submit his or her recommendation to the Auditor General for final action.

 

D)        A central file of all applicants who applied for or were considered for a position, along with appropriate supporting materials, will be maintained for a minimum of three years from the date the position is filled or a decision to not fill the position is made.

 

b)         Appointment

 

1)         The Auditor General shall notify applicants in writing of their appointment to a position.  The notification shall state the position classification, work location, starting salary, and the beginning date of employment in the position.  Appointments become effective upon the applicant's reporting for work at the place and time designated in the notification.

 

2)         Types of Appointments:  The following types of appointments may be made by the Auditor General:

 

A)        Probationary Employees:  All appointments for newly hired employees shall be subject to the employee's performance through two (2) consecutive performance appraisals of approximately three (3) months each and receipt of notification that the employee has been certified in the position to which appointed.  The six (6) month probationary period may be extended up to six (6) additional months by mutual agreement of the parties. At any time during their probationary period, newly hired employees may be discharged without notice, cause or any right to a 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 Auditor General or his designee.

 

C)        Permanent Part Time Employees:  Employees authorized by the Auditor General to perform duties and responsibilities on a regular but less than full-time basis shall be appointed to permanent part-time status.  Permanent part time employees shall receive compensation and benefits, if eligible, at a pro-rated proportion of that received by full time employees in that classification.

 

D)        Acting Status:  An employee assigned to acting status for any position shall, at the Auditor General'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 the payment shall not be lower than the employee's base salary immediately prior to his or her acting assignment.  An employee removed from acting status shall be returned to the same or similar position which he or she held prior to the acting status appointment.  The employee's salary shall be not less than his or her salary at the time he or she was appointed to the acting status.

 

E)        Executive Employees:  Executive Employees serve at the discretion of the Auditor General and may be discharged or demoted at any time without notice, cause or any right to a hearing.

 

3)         State Auditors:  In addition to any other type of status, employees may be appointed as State Auditors at the discretion of the Auditor General.

 

A)        Appointment to Status of State Auditor:  The Auditor General shall appoint an employee to the status of State Auditor only upon the recommendation of a Director and the employee's successful completion of any required training course.  The Auditor General shall instate employees as State Auditors by signing their credentials and placing them in their custody.

 

B)        Removal:  The Auditor General may remove an employee from State Auditor status.  An employee who is terminated is automatically removed from the status of State Auditor.  An employee who is removed from the status of State Auditor shall immediately return his or her credentials to a Director or to the Auditor General.

 

C)        Reinstatement:  The Auditor General may reinstate an employee to State Auditor status by returning the credentials to the employee.

 

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.622  Work Schedule and Attendance

 

a)         The Auditor General shall establish and maintain on file a schedule of working hours for the Office.

 

b)         The Office shall maintain daily attendance records.

 

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, including tardiness and early departure, shall constitute cause for a deduction from pay.  Absence of an employee for five (5) consecutive workdays without reporting to the appropriate Director may be cause for discharge. Excessive absenteeism that is not considered a serious health condition under the Family and Medical Leave Act will lead to disciplinary action, up to and including termination.

 

d)         In the event of an emergency shutdown caused by a condition beyond the agency's control, such as equipment failure, fire, flood, snow, tornado or other natural disaster, the agency will notify affected employees.  The agency will attempt to reassign affected employees to alternative work locations during the period the facility is shut down.  For employees the agency is unable to reassign, time in non-work status as a result of the emergency shut down is with pay.  Those employees on approved sick leave or vacation at the time of shut down shall be reported in accordance with the prior approved absence.

 

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.626  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 which 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:  Continuous service shall be interrupted by:

 

1)         Resignation; provided, however, that continuous service will not be interrupted by resignation when an employee is employed in another position in State service within four (4) calendar days of resignation;

 

2)         Discharge; provided, however, continuous service shall not be interrupted if the employee is retained in the position after a hearing before the Grievance Review Committee or other administrative review process, or by a court; and

 

3)         Termination; because an employee has not been reemployed within 1 year after layoff.

 

c)         Deductions from Continuous Service:  Except as provided in subsection (f) below, 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 thirty (30) days in any twelve-month period;

 

2)         Time away from work because of disciplinary suspensions totaling more than thirty (30) days in any twelve-month period;

 

3)         Time away from work because of indeterminate layoff.

 

d)         Veterans Continuous Service:  Leaves of absence shall be granted to all employees who leave their positions and enter military service for five (5) 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 or convalescence continuing after discharge of 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.  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 his or her employment within ninety (90) days of the termination of his or her service or release from hospitalization from a service Peace Corps or Job Corps 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 Subpart.

 

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.630  Personnel Records and Performance Reviews

 

a)         Personnel Records

 

1)         A personnel file shall be established for each employee upon his or her entry into employment and shall be maintained by the custodian designated by the Auditor General.  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)        Employee information cards

 

D)        Personnel transaction forms

 

E)        Written commendations and disciplinary actions

 

F)         Annual and probationary performance appraisals

 

           

2)         Records not otherwise 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 custodian.  The records may be inspected only in the presence of an authorized employee.  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 the Auditor General, a Deputy Auditor General, the custodian and other employees, at the discretion of the Auditor General, 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 a personnel record, the employee may submit a written statement explaining his or her position for inclusion in the personnel file.

 

5)         Performance records shall constitute material in an employee's personnel file which 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 Subpart, 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 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 Auditor General.

 

1)         For an employee serving a six (6) month probationary period, two evaluations shall be prepared and submitted to the personnel file custodian – one at the end of the third month of the employee's probationary period and another before the conclusion thereof.  If the probationary period is extended as provided in Section 600.634, the number and timing of performance evaluations during the extended period will be determined by the Office at the time of extension.

 

2)         For an employee serving a four (4) month probationary period as a result of a promotion, one evaluation shall be prepared and submitted to the personnel file custodian before the conclusion thereof.  If the probationary period is extended as provided in Section 600.634, the number and timing of performance evaluations during the extended period will be determined by the Office at the time of extension.

 

3)         Additional performance evaluations of individual employees may be conducted as deemed necessary.

 

4)         Employees shall be required to sign all evaluation forms to indicate they have read the evaluation and it has been discussed with them.

 

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.634  Probationary Status

 

a)         Probationary Period:

 

1)         A probationary period of approximately six (6) months shall be served by a full-time employee who is newly hired from outside the Office. The six (6) month probationary period may be extended up to six (6) additional months by mutual agreement of the parties.

 

2)         A probationary period of approximately four (4) months shall be served by a full-time employee who is promoted.  The four (4) month probationary period may be extended up to two (2) additional months by mutual agreement of the parties.  A probationary employee transferred during the probationary period shall serve that portion of the probationary period which was not completed at the time of the transfer.

 

3)         The length of a probationary period for a newly-hired permanent part-time employee or a promoted permanent part-time employee shall be determined on a case-by-case basis at the time of hiring or promotion.

 

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

 

5)         Probationary employees who have not attained certified status shall have no right to grievance procedures with regard to termination, demotion or any 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 Auditor General or his designee.

 

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.638  Promotion

 

a)         Definition:  A promotion is the appointment of an employee to a position in a classification with a higher maximum permissible salary than the former classification.

 

b)         Promotions from Within:  Whenever possible and desirable, position vacancies in the Office will be filled from within.  If an outside applicant and an internal applicant are equally qualified for a position, the employee 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, 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 600.670 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 such 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 his or her current period of continuous service.

 

(Source:  Amended at 28 Ill. Reg. 14457, effective December 1, 2004)

 

Section 600.642  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 Auditor General, as he deems necessary or desirable, in his sole discretion.

 

c)         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 but may make written appeal of such transfer to the Grievance Review Committee in accordance with the procedures established in Section 600.670 of this Part.  An employee shall be reimbursed for all reasonable transportation and moving expenses incurred in moving to a new location because of permanent geographical transfer unless such transfer was requested by the employee.

 

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

 

e)         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 600.646  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 to perform the work of the position from which the demotion was made.

 

2)         A Director may initiate demotion of an employee by submitting a written statement of reasons for demotion containing sufficient facts to show good cause for the demotion.  No demotion shall become effective without the prior approval of the Auditor General.

 

b)         Notice to Employee:  If the statement of reasons for demotion of a certified employee is approved by the Auditor General, 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 for 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), below.

 

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 thereof, whichever is later, all salaries and benefits of the employee in the position in which assigned prior to receipt of the statement of reasons shall be adjusted to reflect the demotion.

 

e)         Appeal by Certified Employee:  An employee who is certified in the position from which he or she is demoted may appeal the demotion to the Grievance Review Committee in accordance with the procedures established in Section 600.670 of this Part.

 

f)         Demotion of Other Employees:  The Auditor General may approve the demotion of probationary employees and certified employees from positions in which they are serving a probationary period.  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 employees who are not certified in their positions is not appealable.

 

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.

 

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.650  Layoff

 

a)       Definition:  A layoff is the placement of an employee in non-paid and non-working status without prejudice either temporarily or indeterminately.  Layoff may not be used as a means or form of discipline.

 

b)       Temporary Layoff:  The Auditor General may temporarily layoff any employee for not more than five (5) scheduled workdays in any 12-month period as a result of or for lack of work or lack of funds.  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.  Subject to the agency's operating needs, the employee's preference in scheduling a temporary layoff shall be given consideration.  An employee is not entitled to use any accrued benefit time in lieu of temporary layoff.  Notice of temporary layoff shall be served on the employee ten (10) working days in advance of the effective date unless extraordinary operating conditions or events preclude giving this amount of advance notice.  Upon expiration of a temporary layoff, the employee shall be returned to the position, position classification and location from which temporarily laid off.

 

c)         Indeterminate Layoff Procedure

 

1)         A Director may request the indeterminate 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, layoffs shall be within organizational units justified by operations.

 

2)         A proposed layoff plan is subject to the Auditor General'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;

 

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.

 

3)         Order of Layoff

 

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

 

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

 

4)         Effective Date of Layoff:  Unless extraordinary operating conditions or events are specified in the proposed layoff plan, no indeterminate layoff shall be effective until ten (10) working days after the Auditor General's approval of the layoff plan.

 

5)         Layoff Rights:  For a period of twelve (12) months following the effective date of his or her indeterminate layoff, a laid off employee shall be notified of any vacancy in the same 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.

 

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.654  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 and location in a classification having a lower maximum permissible salary. All requests for or acceptances of 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 Auditor General.  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 indeterminate layoff shall be advised of the opportunity to request a voluntary reduction to a current vacant position in the same organizational unit and location.  Requests for voluntary reduction must be in writing and received prior to the proposed effective date of layoff.

 

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.658  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 Auditor General, give advance notice of intent not less than ten (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 agency head. 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 thereof.

 

b)         Reinstatement:  On request of a Director, the Auditor General may, in his discretion, 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 or subject to indeterminate layoff.  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.  A reinstated employee shall serve a four (4) month probationary period in the position to which reinstated.

 

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.662  Employee Conduct

 

a)         Standards of Conduct 

Employees of the Office shall obey the rules of conduct of the Office and shall be aware that the absence of a specific published rule of conduct covering an act tending to discredit an employee, the Office or the State of Illinois does not mean the act is condoned or permissible or would not call for, and result in, disciplinary action.

 

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 Statement to the Auditor General

 

A)        The purpose of the Disclosure Statement required by this subsection (b)(2) is to aid the Auditor General in maintaining the objectivity and impartiality of the conduct of the activities of the Office and, when a potential conflict is unavoidable, to provide for the full disclosure of the facts and circumstances involved.

 

B)        Disclosure Statements shall be confidential. The Auditor General shall designate a custodian who shall be responsible for the safekeeping of Disclosure Statements.  The Auditor General, a Deputy Auditor General, the custodian, and others designated by the Auditor General on an as-needed basis may review Disclosure Statements.

 

C)        Each employee shall file with the custodian a Disclosure Statement indicating involvements or relationships that could affect the employee's performance of his or her official duties.

 

D)        Employees shall file their Disclosure Statements with the custodian immediately upon employment and shall refile their Statements by May 1 annually.  Employees shall be under a continuing duty to advise the custodian 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.

 

c)         Political Activities

 

1)         Participation in Public Campaigns

An employee may participate in public campaigns while in the employment of the Office provided that the employee's official position is not used, shown or advertised in connection with the campaign and that the employee does not violate any prohibitions of this subsection (c).

 

2)         Prohibited Activity

Employees shall not, at any time, engage in the following actions:

 

A)        Use, threaten to use, or offer to use the influence or authority of his or her position to coerce or to persuade any person to follow any course of political action or to make any contribution to a political cause.

 

B)        Use State time, position, money or property for the purposes of political activity.

 

C)        Hold an elective or appointive office in any political party or other organization whose primary function is to promote and encourage the election of certain individuals to public office.

 

D)        Participate in or contribute to any public campaign that involves a candidate who is running for, currently employed by, or on leave from, an office or agency over which the Auditor General has audit authority.

 

E)        Hold any elective or appointive office that would require attention to duties during the Office's working hours.

 

d)         Official Conduct

 

1)         Criticism of Agencies

No employee shall make use of any information gained in the course of his or her employment with the Office to publicly criticize any State, local or private agency.

 

2)         Handling Antagonism or Refusals

When an employee is faced with a situation in which the agency's representative appears antagonistic or refuses to release information or documentation, the employee shall report that 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 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)         Agencies Under Audit

If an audit team member is approached about possible employment with an agency under audit, he or she will notify his or her supervisor promptly. An employee may not initiate or pursue employment activities with an agency for which the employee is currently participating in an audit.

 

5)         Use of Identification

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

 

e)         Use of State Time, Position and Property

 

1)         Personal Use Prohibited

Employees are forbidden to use State time, position or property for personal purposes.

 

2)         Protection and Inspection of Property

Employees have a responsibility to protect and conserve all State property. Consistent with applicable laws, the Office retains the right to control or inspect property that it owns or maintains, including, but not limited to, items such as desks, lockers, desk and cabinet drawers, vehicles, and computers.

 

3)         Liability for Damage or Loss

Employees may be held financially liable for damage to or loss of State property resulting from their 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 Damage or Loss

Employees shall promptly report any loss, theft or damage to State property or documents in their custody to their supervisor.

 

5)         Return of Equipment

Upon leaving their position with the Office, employees shall return all property and credentials assigned to them.  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 may deduct the value of any unreturned State 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 or a court of law, employees shall notify the Auditor General prior to giving the testimony or producing 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 Auditor General.

 

B)        An employee may not accept compensation from, 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 approval of the Auditor General.

 

g)         Secondary Employment

Employees may not hold secondary employment or be involved in a private enterprise if the employment or enterprise actually does or has the potential to interfere or conflict with his or her State position, or reasonably may be viewed by others as interfering with or conflicting with his or her State position.  Employees who engage in secondary employment or private enterprise shall avoid any action that might result in:

 

1)         Any activities that take the employee's time and attention during official working hours or adversely affect job performance;

 

2)         Use of State equipment, facilities, supplies, prestige or one's office of employment for personal use or private gain;

 

3)         Use of any information identified as confidential by the agency or by State or federal law, or the use of any information not available to the public that is gained by being a State employee, for direct or indirect personal advantage or private gain; and

 

4)         Any activity that reflects unfavorably on the Office.

 

h)         Educational Materials and Missions 

For purposes of further defining exceptions to the Gift Ban Law, "educational materials and missions" shall mean those materials and missions that:

 

1)         have a close connection to the recipient officer's or employee's State employment or the mission of the Office;

 

2)         predominately benefit the public and not the employee or officer; and

 

3)         are approved by the Office's ethics officer in advance of the mission or receipt of the materials, if practicable.  If it is not practicable to obtain advance approval, the mission and materials shall be reported to the Office's ethics officer as soon as practicable and shall contain a detailed explanation of why approval could not be obtained in advance.  The following items may be accepted without ethics officer approval:

 

A)        Single copies of academic or professional publications or software in the employee's or officer's area of responsibility or field of study; and

 

B)        Waiver of conference registration fees for officers or employees serving as conference speakers, committee members or invitees of the conference host.

 

i)          Travel Expenses for a Meeting to Discuss State Business 

For purposes of further defining exceptions to the Gift Ban Law, "travel expenses for a meeting to discuss State business" shall mean travel that:

 

1)         has a close connection to the recipient officer's or employee's State employment;

 

2)         predominately benefits the public and not the employee or officer;

 

3)         is for travel in a style and manner in character with the conduct of State business; and

 

4)         is approved by the Office's ethics officer in advance of the travel, if practicable.  If it is not practicable to obtain advance approval, the travel shall be reported to the Office's ethics officer as soon as practicable and shall contain a detailed explanation of why approval could not be obtained in advance. 

 

j)          Harassment/Discrimination/Incivility

Employees are expressly prohibited from engaging in conduct they know or reasonably should know is harassment or discrimination against any person on the basis of his or her actual or perceived race, sex, religion, national origin, color, ancestry, citizenship status, physical or mental disability, age, sexual orientation, marital status, military status, pregnancy and childbirth or related medical conditions, or any other legally protected classification, as well as behavior that a reasonable person would view as incivility or bullying.  Employees engaging in harassing, discriminatory or uncivil behaviors may be disciplined and, depending upon the circumstances, may be discharged.

 

(Source:  Amended at 44 Ill. Reg. 5873, effective April 1, 2020)

 

Section 600.666  Discipline and Discharge

 

a)         Termination at the Discretion of the Auditor General:  Probationary employees who have not obtained certified status in the Office and Executive Employees may be terminated at any time, without notice, cause or any right to a hearing, at the discretion of the Auditor General.  Probationary employees who have not obtained certified status in the Office and Executive Employees 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 the appropriate rules below.  This subsection does not apply to employees subject to subsection (a), above.

 

2)         Grounds warranting immediate discharge or suspension pending decision on discharge shall include, but are not limited to, any violation of the Illinois State Auditing Act or any other law or rule governing the employee's conduct or duties as an employee of State government, this Subpart, any other rule or regulation of the Office or policies promulgated pursuant thereto, or misrepresentation of education, experience or professional qualifications.

 

c)         Discipline − Warnings:  A Director or 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 any written warning shall be delivered 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 ten (10) calendar days of its receipt and any response shall be included in the employee's personnel file.

 

d)         Suspension:  A Director may suspend an employee without pay for up to thirty (30) days in any twelve (12) month period.  A longer suspension may be approved by the Auditor General.  The Director shall 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 personnel file.  The written charges shall be signed by the 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 payroll clerk.  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 reasons therefor at least four (4) working days prior to the effective date of the suspension.  The employee shall have two (2) working days after being informed of the proposed suspension within which to address to the Director written rebuttal to the reasons given for the suspension. The suspension shall be effective unless a decision not to suspend the employee is rendered in writing before the proposed suspension date.

 

e)         Discharge of Certified Employee:

 

1)         Cause for Discharge:  Cause for discharge consists of some substantial shortcoming which renders the continuance of an employee in a State position in some way detrimental to the discipline and/or efficiency of the service and which the law or sound public policy recognizes as good cause for the employee no longer being held in that position.

 

2)         Suspension Pending Decision on Discharge:  The Office may suspend any employee for up to thirty (30) days pending the decision on whether charges for discharge shall be filed against the employee.  The Office 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 personnel file.  The Office shall promptly investigate the facts and circumstances and render its decision.  Should the Office determine that the facts and circumstances do not warrant disciplinary suspension or charges for discharge, the employee shall be made whole.  Should the Office determine that a disciplinary suspension is appropriate, subsection (d) shall apply in its entirety.  Should the Office determine that discharge of the employee is appropriate, subsection (e)(3) shall apply in its entirety.

                                                                                                                                     

3)         Discharge of Certified Employee: 

 

A)        The Auditor General or designee may 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.

 

B)       Before a discharge shall be effective, the certified employee shall receive by certified mail or by delivery in person a written copy of the charges, a copy of the evidence against him or her or a reasonable summary of the evidence designed to give the employee sufficient information to respond to the charges against him or her, and have at least four (4) working days within which to respond to the charges with reasons and evidence why discharge should not occur.  The certified employee's response, which should include matters in defense and/or mitigation, may be in writing or orally presented as directed by the Auditor General or his designee before 4:30 p.m. on the fourth working day after the certified employee has received notice of the proposed discharge, counting the day of service as the first day.  The certified employee may be suspended pending discharge for these four working days, and, if suspended, shall remain suspended until a final decision on discharge is made. 

 

C)       After receipt of the certified employee's written or oral response to the proposed discharge, the Auditor General or his designee shall carefully consider all matters submitted by the employee.  The Auditor General or his designee shall make a decision within a reasonable time after receipt of the employee's response, or after the expiration of the four (4) working days if no response is received.  If more than ten (10) working days to make a decision is required, the employee shall be notified of that fact in writing by certified mail or hand delivery.  The final notice of discharge shall contain a statement that the response of the certified employee was considered before a final decision was made, or that no response was submitted. 

 

D)       Notice of approved charges for discharge shall be served on the employee by the Auditor General or his designee, in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

 

E)       Upon receipt by the employee of charges for discharge, the employee shall leave the place of employment and return to the Auditor General or his designee any State identification, keys, supplies, tools or other property.

 

f)         Discharge of Probationary Employee:  The Auditor General may approve the discharge or suspension of a probationary employee who has not obtained certified status in the Office and Executive Employees.  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)         Hearing − Certified Employees:  Certified employees who have been served with approved charges for suspension or discharge may appeal to the Grievance Review Committee as provided in Section 600.670 of this Part.

 

h)         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.  Full compensation shall mean compensation the suspended or discharged employee would have earned in the position during the period of suspension or discharge less amounts earned by the employee from any other source and any unemployment compensation payments received during that period.

 

i)          Suspension/Discharge Resulting from Arrest or Criminal Indictment

 

1)         The arrest or criminal indictment of any employee shall not be grounds for suspension or discharge.  The facts in support of 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 a failure to perform those duties; or

 

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

 

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

 

2)         The Auditor General may, under the circumstances set forth above, suspend an employee, without pay, pending a final court determination of innocence or guilt. 

 

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

 

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

 

B)        The arrest or indictment of an employee shall be cause 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.

 

C)        Any proposed suspension pending judicial verdict requires approval by the Auditor General or his 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.

 

D)        The 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.  This suspension will not be continued while the employee appeals an initial guilty verdict through higher courts.

 

E)        An approved suspension pending judicial verdict will be served on the employee in person or by certified mail, return receipt requested, to the employee's last address appearing in the personnel file.  It will be the responsibility of the employee to notify the agency of any change of address.

 

F)         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 in the agency and work location held at the time the suspension was issued. 

 

G)        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 Auditor General shall make a final determination with respect to whether back pay shall be granted.

 

H)        If any officer or government employee is placed on leave, either voluntarily or involuntarily, pending the outcome of a criminal investigation or prosecution and that officer or employee is removed from office or employment due to his or her resultant criminal conviction, then the officer or employee is indebted to the State for all compensation and the value of all benefits received during the leave and must forthwith pay the full amount to the State.

             

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.670  Grievance Procedure

 

a)         Grievance:  Any certified employee, unless otherwise excepted by this Subpart, may grieve as to the application of this Subpart or any policy arising hereunder as to the impact of that application upon his or her employment condition or his or her status.

 

b)         Grievance Procedure − Limitation:  The rules of the Office and the official policy arising thereunder are not grievable matters.  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; the appointment, removal or reinstatement to State Auditor status; and intra-agency transfers.

 

c)         Grievance Procedure − Abandonment − Extension:

 

1)         Failure of either party 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 submit a grievance, or to submit or appeal it 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 indicates, accepted the last answer given in the grievance procedure.

 

d)         Grievance Procedure − Steps of:

 

1)         Step 1:  A grievant shall present the grievance orally to the immediate supervisor explaining its nature and circumstances within five (5) working days after learning of the circumstances or conditions which gave rise to it. The immediate supervisor shall respond to the employee in person within ten (10) working days of receipt of the grievance.  The immediate supervisor shall advise the grievant to initiate his or her grievance at Step 2 if:

 

A)        The immediate supervisor is without authority to rectify the problem; or

 

B)        The grievance is based on an action or omission of a Director.

 

If the grievant's immediate supervisor is a Director, the provisions of this Step 1 shall not apply and the grievant shall initiate his or her complaint at Step 2.

 

2)         Step 2:  If the grievance is not satisfactorily resolved at Step 1 or if the provisions of Step 1 are inapplicable, the grievant may, within five (5) working days after notification of the supervisor's decision in Step 1, or, if Step 1 is inapplicable, within five (5) working days after learning of the circumstances or conditions giving rise to the grievance, submit the grievance to the appropriate Director in writing.  Within ten (10) working days after a Step 2 appeal is filed, the Director shall issue a written decision and serve a copy of the decision in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

 

3)         Step 3:  If the grievance is not satisfactorily resolved or no answer is given within the time limit set forth in Step 2, the grievant may submit to the Auditor General, within ten (10) working days from the date the Director's decision was due or received, whichever is earlier,  a written request for a grievance hearing, along with the grievant's specific reasons for disagreeing with the Director's decision in Step 2.  Within twenty (20) working days after this Step 3 appeal is filed, the Auditor General may either render a written decision on the matter, which shall be final and binding upon the parties, or establish a Grievance Review Committee as provided in subsection (e), below.  

 

e)         Grievance Review Committee:

 

1)         The Auditor General shall designate a Deputy Auditor General or executive employee to chair the Grievance Review Committee.  The Chair, no later than five (5) working days following receipt of an employee's request for a grievance hearing, shall appoint a Grievance Review Committee.  The Committee shall consist of no less than three nor more than five members.  Committee members must have experience or knowledge in the areas of personnel administration and employee relations or experience or knowledge in matters pertaining to the general subject matter presented in the grievance.  The Director and the immediate supervisor of the grievant shall not be appointed to the Committee.

 

2)         Immediately upon appointment of the Committee, the Chair shall set a date for hearing which shall be no later than twenty (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 facts shall have an opportunity to present evidence in person or by written statement, after which the Committee will meet privately to reach a recommendation.  The Chair may require that testimony be given under oath or by sworn affidavit.

 

4)         The members of the Committee shall reduce their recommendations as to the disposition of the grievance to writing and submit them to the Auditor General within five (5) 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 committee, the Auditor General shall approve, disapprove or modify the Committee recommendations, shall render a decision thereon in writing, and cause a copy of the decision to be served upon the parties.  The Auditor General's decision shall be final and binding upon the parties.

 

5)         The written statement of the employee's grievance, the recommendations of the grievance committee, and the decision of the Auditor General thereon shall be made a part of the grievant's personnel file.

 

6)         The Auditor General may extend any deadline set forth above if either party demonstrates good cause.

 

f)         Representation:  The grievant is entitled to be present and may be accompanied or represented by a person of his or her choice at any stage of the grievance process.  Only other persons as the Chair deems advisable shall be entitled to attend the hearing.

 

g)         Witnesses and Evidence:  The parties to a grievance may introduce materials, documents and witnesses as are necessary to resolve the problem.  Should a dispute arise as to the necessity of certain appearances or of the reproduction of certain documents, the Office's Legal Counsel shall resolve the dispute.

 

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.674  Sick Leave

 

a)         Accrual:  Full-time employees shall earn sick leave at the rate of one (1) day for each month's service.  Employees who work less than nineteen (19) hours per week do not earn sick leave.  Permanent part-time employees shall earn sick leave on a prorated basis determined by a fraction the numerator of which shall be the hours worked by the employee and the denominator of which shall be normal working hours in the year required by the position.  No employee shall accrue sick leave while remaining on the payroll to collect accrued vacation prior to the effective date of his or her termination.

 

b)         Use:  Sick leave may be used in one-half (½) hour increments for illness, disability, or injury of the employee, appointments with doctors, dentists, or other professional medical practitioners, and also may be used 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.  Beginning with calendar year 2005, in the event an employee does not use sick leave in any calendar year, the employee shall be awarded one (1) additional personal day on January 1 of the next calendar year.  A permanent part-time employee who works at least 19 hours per week shall be awarded pro-rated additional personal leave on January 1 when the employee has not used sick leave during the previous calendar year.  A calendar year for purposes of this provision is the period beginning January 1 and ending December 31 of each year.  Any additional personal leave shall be used in accordance with Section 600.682 of this Part.

 

c)         Accumulation:  Employees shall be allowed to carry over any unused sick leave allowed under subsection (a), above, 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 which has 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 (4) calendar days of his or her termination.

 

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

 

A)        Sick leave earned through December 31, 1983.

 

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

 

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

 

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 will:

 

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) above, whichever is the lesser amount, multiplied by the 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 will have those days restored provided the employee repays 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 proved 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 the payment.

 

6)         The accrued leave amount 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 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.678  Vacation Leave

 

a)         Accrual

 

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

 

A)        From the date of hire until the completion of 5 years of continuous service:  10 days annually.

 

B)        From the completion of 5 years of continuous service until the completion of 9 years of continuous service:  15 days annually.

 

C)        From the completion of 9 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.

 

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

 

3)         Employees who work less than 19 hours per week do not earn vacation leave.  Permanent part-time employees shall earn vacation in accordance with the schedule set forth in subsection (a)(1) on a prorated basis determined by a fraction the numerator of which shall be the hours worked by the employee and the denominator of which shall be normal working hours in the year required by the position.

 

b)         Use 

Vacation leave may be used in ½ hour increments. Employees may use vacation leave only upon the approval of a Director or his or her designee or, if the employee is a Director, upon the approval of the Auditor General or his or her designee.  No employee may approve his or her own request for vacation leave.

 

c)         Continuous Service 

Computation of vacation leave of State 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 

An employee who is employed by the Office on or prior to the effective date of this Part (May 1, 1994) shall be allowed to carry over accumulated vacation leave from year to year provided that the accumulation does not exceed 75 days carry over in any calendar year.  Calculation of time will be made on December 31 of each year and, if the employee's total vacation leave exceeds 75 days at that time, only 75 days will be carried into the next year.  An employee who is employed by the Office after May 1, 1994 (the effective date of this Part) will 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 that employee does not request and take accrued vacation within the 24 month period, vacation earned during that calendar year shall be lost.

 

e)         Payout 

Upon termination of employment by means of resignation, retirement, indeterminate layoff, or discharge, provided the employee is not employed in another position in State service within 4 calendar days after his or her termination, the employee is entitled to be paid for any vacation earned but not taken or forfeited, up to a maximum of 75 days.  No other payment in lieu of vacation shall be made except as provided by subsection (f). This payment 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 daily (hourly) rate.  Payment shall not be allowed if the purpose of the separation from employment and any subsequent reemployment is for the purpose of obtaining that payment.  The accrued leave amount shall be certified in writing to the employee and may be held by the employee or forwarded to the State Employee's Retirement System. 

 

f)         Upon the death of a State employee, the person or persons specified in Section 14a of the State Finance Act [30 ILCS 105] shall be entitled to receive from the appropriation for personal services available for payment of the employee's compensation a sum for any accrued vacation period to which the employee was entitled at the time of death, up to a maximum of 75 days.  The sum shall be computed by multiplying the employee's daily or hourly rate by the number of days or hours of accrued vacation due.

 

(Source:  Amended at 44 Ill. Reg. 5873, effective April 1, 2020)

 

Section 600.680  Repayment of Benefit Time

 

An employee who returns to employment in any capacity at the Office within 30 days after termination of previous employment must, as a condition of employment, repay any lump sum amount paid for accrued vacation, overtime and sick leave within 30 days after employment commences.  The amount repaid shall be deposited into the fund from which the payment was made or the General Revenue Fund.  Upon repayment, the leave time shall be credited to the account of the employee. 

 

(Source:  Added at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.682  Leave for Personal Business

 

a)         Accrual:  Full-time employees shall be permitted twenty-one (21) 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 leave at the rate of three and one-half (3½) hours for each two (2) months of service for the calendar year in which hired.  Permanent part-time employees working nineteen (19) or more hours per week shall earn personal business leave on a pro-rated basis determined by a fraction the numerator of which shall be the hours worked by the employee and the denominator of which shall be normal working hours in the year required by the position. Beginning with calendar year 2005, in the event an employee does not use sick leave in any calendar year, the employee shall be awarded one (1) additional personal day on January 1 of the next calendar year.  A permanent part-time employee who works at least 19 hours per week shall be awarded pro-rated additional personal leave on January 1 when the employee has not used sick leave during the previous calendar year.  A calendar year for 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 written approval.  Personal business leave may be used by employees in half-hour increments.  Except for those emergency situations which 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 employee in State service are terminated by reason of his or her 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 for leave for personal business which the employee had accumulated but not used as of the date the employee's services were terminated, in an amount equal to ½ of the employee's pay per working day times the number of personal leave days so accumulated and not used.  The accrued leave amount paid under this subsection shall be certified in writing to the employee by the Office.  This certification shall be held by the employee or forwarded to the Retirement System.

 

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)

 

Section 600.686  Leaves of Absence

 

a)         Types

 

1)         Disability

An employee who has expended accumulated sick leave may be granted a leave without pay, provided that the employee may be required to submit a 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 Auditor General, provided that an appropriate health care provider's statement, if required, is submitted within the first 10 days of each month during the leave.  An employee's disability leave shall terminate when the employee is no longer temporarily disabled from performing the employee's regularly assigned duties. The State will 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.

 

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 be allowed full pay during the first 5 working days of absence without utilization of any accumulated sick leave or other benefits.  A worker's compensation file must be created in order to authorize service-connected leave, and medical documentation verifying the need for time off from work shall be required.  Thereafter, the employee shall be permitted to utilize accumulated sick leave or other benefits for additional time away from work unless the employee has applied for and been granted temporary total disability benefits in lieu of salary or wages pursuant to provisions of 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 of 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 received 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 those appointments without loss of pay and without utilization of sick leave.

 

3)         Family and Medical Leave

 

A)        Eligibility 

 

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 FMLA leave are entitled to up to 12 workweeks leave in any 12 month period for one or more of the following:

 

i)          birth of a child of the employee, in order to care for the child;

 

ii)         placement of a son or daughter with the employee for adoption or foster care;

 

iii)        to care for a spouse, child, or parent of the employee who has a serious health condition;

 

iv)        a serious health condition that makes the employee unable to perform the employee's job functions;

 

v)         any qualifying exigency arising out of the fact that an employee's spouse, child or parent is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation as provided under the National Defense Authorization Act for FY 2008 (P.L. 110-181) and implementing regulations.

 

B)        Use 

The entitlement to leave under subsection (a)(3)(A)(i) and (ii) expires at the end of the 12 month period beginning on the date of the birth or placement of the child.  The leave granted under subsection (a)(3)(A)(iii), (iv) and (v) may be taken intermittently when medically necessary and when scheduled so as to not unduly disrupt the Office's operations.

 

C)        Benefits 

Except as provided in subsection (a)(9) for parental leave, FMLA leave shall be unpaid.  Accrued sick and vacation leave may be applied to the periods of FMLA absence at the employee's option.  The State will continue to pay the premiums for the basic (State-paid) health and life insurances for an employee on FMLA 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  

FMLA leave may be extended up to a total of 6 months at the discretion of the Auditor General.

 

F)         Military Caregiver Extended Leave 

Employees otherwise meeting eligibility requirements for FMLA leave who are caring for a member of the Armed Forces who is on the temporary disability retired list or is receiving medical treatment, recuperation or therapy due to a serious injury or illness sustained in the line of duty may be eligible for up to a total of 26 weeks of FMLA leave (inclusive of all types of FMLA leave taken by the employee) during a single 12-month period, as provided under the National Defense Authorization Act for FY 2008 (P.L. 110-181).  Spouses employed by the Office may be limited to a combined total of 26 workweeks of FMLA leave during a single 12-month period. Eligible employees must be the spouse, child, parent or next of kin of the person requiring care and shall otherwise comply with notice and certification requirements.

 

G)        Notice and Certification 

An employee shall provide the Office with not less than 30 days' notice of the employee's intent to take FMLA 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.

 

H)        The terms and conditions of FMLA leave shall be governed by the federal Family and Medical Leave Act of 1993, as amended, and implementing regulations.

 

I)         In determining whether a veteran meets the FMLA eligibility requirement, the months employed and the hours that were actually worked for the Office will 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 Auditor General may grant administrative leaves of absence to employees for purposes deemed appropriate.  The Auditor General 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 Auditor General or 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 by this subsection (a)(6) 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 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 application to the Auditor General within 90 days after separation from active duty or after hospitalization or convalescence continuing after discharge for not more than 2 years.  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 U.S.C. 4301-4333).

 

B)        Military Reserve Training Leave 

Any full-time employee of the State of Illinois who is a member of a reserve component of the Armed Services of the United States, including the reserve components of the Armed Services of any state, or who is a member of the National Guard of any state, shall be allowed military leave for annual training in accordance with the Illinois Service Member Employment and Reemployment Rights Act [330 ILCS 61].  These leaves will be granted without loss of seniority or other accrued benefits.

 

C)        State Active Duty/Emergency Call Up 

In the case of an emergency call-up (or order to State active duty) by the Governor, the leave shall be granted for the duration of the emergency with pay and without loss of seniority or other accrued benefit. Military earnings for the emergency call-up paid under the Military Code of Illinois [20 ILCS 1805] must be submitted and assigned to the Office, and the Office will return it to the payroll fund from which the employee's payroll check was drawn. If military pay exceeds the employee's earnings for the period, the Office will return the difference to the employee.

 

D)        Active Duty 

Any full-time employee who is a member of any reserve component of the United States Armed Forces or who is a member of the National Guard of any state shall be granted military leave for active service in accordance with the Illinois Service Member Employment and Reemployment Rights Act.

 

E)        Certification of Leave 

To be eligible for military reserve leave or emergency call-up pay, the employee must provide certification from the commanding officer of the employee’s unit that the leave taken was for one of these purposes.

 

F)         Military Pay 

Concurrent and differential compensation for military service shall be paid in accordance with the Illinois Service Member Employment and Reemployment Rights Act.

 

G)        Leave for Military Physical Examinations 

Any employee drafted into military service shall be allowed up to 3 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 this purpose.

 

H)        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 the employee's State employment for the duration of the employee's initial period of service.  The employee shall be restored to the same or similar position if the employee returns to employment within 90 days after termination of the employee's service or release from hospitalization for a Peace Corps or Job Corps service-connected disability.

 

I)         Veterans Hospital Leave 

An employee who is also a veteran shall be permitted 4 days with pay per year to visit a veterans hospital or clinic for examination of a military service-connected disability.  The 4 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 volunteers for assignment to the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS) in accordance with the Illinois Emergency Management Agency Act [20 ILCS 3305] or the Emergency Management Assistance Compact Act [45 ILCS 151] may be granted leave with pay for up to 20 working days in any 12 month period for disasters within the United States or its territories.  The leave may be granted upon the request of the American Red Cross or IEMA-OHS for employees to participate in specialized disaster relief services.  Leaves under this subsection (a)(7) are subject to approval by the Auditor General considering operating needs.  Disasters must be disasters designated at a Level III and above in the American National Red Cross Regulations and Procedures or any disaster declared by proclamation of the Governor under Section 7 of the Illinois Emergency Management Agency Act [5 ILCS 335/2].  The American Red Cross and IEMA shall coordinate requests for services outside of Illinois through the Illinois State Emergency Operations Center.

 

8)         Attendance in Court 

Any employee called for jury duty, or subpoenaed by any legislative, judicial, or administrative tribunal for matters related to the employee's employment, shall be allowed time away from work with pay as necessary to fulfill the jury service requirement or comply with the subpoena.  Upon receiving the sum paid for jury service or witness fee, the employee shall submit the warrant, or its equivalent, to the 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)        Maternity/Paternity Leave

All employees who provide proof of their pregnancy or that of their female partner at least 30 days prior to the expected due date will be eligible for 12 weeks (60 standard work days) of paid parental leave that begins upon birth, for each pregnancy resulting in births or multiple births.  If both parents are employees of the Office, they shall each be eligible for 12 weeks of paid maternity/paternity leave that may be taken consecutively or concurrently.  No employee will be allowed to take less than a full work week (5 consecutive days).  Regardless of the number of pregnancies in a year, no employee shall receive more than 12 weeks (60 standard work days) of paid leave per year under this subsection (a)(9)(A).  The Office will require proof of the birth.  In addition, non-married male employees may be required to provide proof of paternity, such as a birth certificate or other appropriate documentation confirming paternity. 

 

B)        New Adoption Leave

All employees are eligible for 12 weeks (60 standard work days) of paid leave with a new adoption, with the leave to commence when physical custody of the child has been granted to the employee, provided that the employee can show that the formal adoption process is underway.  In the event the child was in foster care immediately preceding the adoption process, the leave will commence once a court order has been issued for permanent placement and the foster parent has been notified of the right to adopt, as long as the foster child has not resided in the home for more than 3 years.  The employee must submit proof that the adoption has been initiated.  Should both parents be employees of the Office, they shall each be eligible for 12 weeks of paid adoption leave that may be taken consecutively or concurrently.  No employee will be allowed to take less than a full work week (5 consecutive work days).  Regardless of the number of adoptions in a year, no individual shall receive more than 12 weeks (60 standard work days) of adoption leave per year.  Employees are not eligible for adoption leave if the adoption is for a step-child or relative who has resided with the employee for a period of one year or more.

 

C)        Leave in the Event of a Stillborn Child

All employees who provided proof of their pregnancy or that of their female partner at least 30 days prior to the expected due date will be eligible for 5 weeks (25 standard work days) of paid leave in the event of a full-term stillborn child.  The Office will require proof of a stillbirth, such as a fetal death certificate or certificate of stillbirth.  This leave shall be limited to one leave per employee for each stillbirth.  In addition, employees may be required to provide proof of a parent-child relationship.  Employees using leave under this subsection (a)(9)(C) must use the leave benefit immediately.

 

D)        Permanent part-time employees working 19 or more hours per week shall be eligible for paid parental leave on a pro-rated basis determined by a fraction the numerator of which shall be the hours worked by the employee and denominator of which shall be normal working hours in the year required by the position.

 

10)         Educational Leave 

The Auditor General 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 Auditor General's judgment, the training course would benefit the Office by improving the employee's qualifications to perform the duties of the employee's position or by qualifying the employee for advancement to another position in State service.  During a period of educational leave, 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 time off with pay, as follows, for the purpose of donating an organ, bone marrow, blood or blood platelets:

 

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 will be required before leave is approved;

 

ii)         up to one hour or more to donate blood, and up to 1.5 hours to donate double red cells, no more than once every 56 days.  Medical documentation to substantiate the use of leave time for this purpose may be required;

 

iii)        up to 2 hours or more to donate blood platelets.  Leave to donate blood platelets will not be granted more than 24 times in a 12-month period.  Medical documentation to substantiate the use of leave time for this purpose may be required.

 

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).

 

12)         Leave due to Crime of Violence 

An employee who is a victim of domestic violence, dating violence, sexual assault, gender violence, stalking, or any crime of violence, or who has a family or household member who is a victim of domestic violence, dating violence, sexual assault, gender violence, stalking, or any crime of 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 work weeks of unpaid leave during any 12-month period for the purposes of, 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).

 

13)         School Visitation Leave 

Employees may take up to a total of 8 hours during any school year without pay, no more than 4 hours of which may be taken on any given day, to attend school conferences, behavioral meetings, or academic meetings related to the employee's child if the conference or meeting cannot be scheduled during nonwork hours.  No leave may be taken unless the employee has exhausted all accrued vacation leave, personal leave and any other leave that may be granted to the employee except sick leave and disability leave.  The employee must provide the Office with a written request for leave at least 7 days in advance of the time the employee is required to utilize the visitation right.  In emergency situations, no more than 24 hours' notice will be required.  The employee must consult with the Office to schedule the leave so as not to disrupt unduly the Office's operations.

 

14)         Volunteer Emergency Worker Leave 

An employee who is a volunteer emergency worker, as that term is defined in the Volunteer Emergency Worker Job Protection Act [50 ILCS 748], shall be given time off from work without pay for the purpose of responding to an emergency.  An employee missing work for this purpose shall make a reasonable effort to notify the Office that the employee may be absent or late.  An employee requesting this leave shall also present the Office with a written statement from the supervisor or acting supervisor of the volunteer fire department or governmental entity that the volunteer emergency worker serves stating that the employee responded to an emergency and stating the time and date of the emergency. 

 

15)         Family Military Leave Act [820 ILCS 151] 

 

A)        An employee who is the current spouse, civil union partner, domestic partner, parent, child or grandparent of a person called to military service lasting longer than 30 days with a state or the United States, pursuant to the order of the Governor or the President, who wishes to be absent from work in order to meet or fulfill responsibilities arising from the employee's role in his or her family or as head of the household, is eligible to request up to 30 days of unpaid family military leave during the time federal or State deployment orders are in effect.  Family Military Leave may not be used unless the employee has first exhausted all accrued vacation leave, personal leave, compensatory leave, parental leave, and any other paid leave that may be granted to the employee, except sick leave and disability leave. 

 

B)        To qualify for Family Military Leave, an employee must have been employed by the Office for at least 12 months and have worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

 

C)        The employee shall give at least 14 days' notice of the intended date upon which the family military leave will commence if leave will consist of 5 or more consecutive work days.  Employees taking military family leave for less than 5 consecutive days shall give advance notice as is practicable.  If able, the employee shall consult with the Office to schedule the leave so as to not unduly disrupt Office operations.  Except in cases of emergency, family military leave shall be taken in full day increments only.  The employee will be required to document the reason for the emergency nature of the need for leave in writing within 2 days after the employee's return to work.

 

D)        The employee shall provide certification from the proper military authority to verify the employee's eligibility for the family military leave requested.

 

E)        Upon expiration of the leave, the employee shall be restored to the position held by the employee when the leave commenced or to a similar position with equivalent seniority status, benefits, pay and other terms and conditions of employment, unless the employee's failure to be restored to the position is due to conditions unrelated to his or her exercise of these leave rights.

 

F)         During any family military leave, the Office will make it possible for employees to continue their benefits at the employee's expense.  At its option, these benefits may be continued at the Office's expense.  Time utilized under the Family Military Leave Act is not deducted from an employee's continuous service, vacation accrual, or seniority date.

 

16)         Civil Air Patrol Leave

 

A)        An employee is eligible to request up to 30 days of unpaid leave to perform a civil air patrol mission.  An employee need not have exhausted other forms of accrued leave time prior to being eligible for Civil Air Patrol Leave. 

 

B)        To qualify for Civil Air Patrol Leave, an employee must have been employed by the Office for at least 12 months and have worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

 

C)        The employee shall give at least 14 days' notice of the intended date upon which the leave will commence if leave will consist of 5 or more consecutive work days.  Employees taking leave for less than 5 consecutive days shall give advance notice as is practicable.  If able, the employee shall consult with the Office to schedule the leave so as to not unduly disrupt Office operations. 

 

D)        The employee shall provide certification from the proper civil air patrol authority to verify the employee's eligibility for the leave requested.

 

E)        Upon expiration of the leave, the employee shall be restored to the position held by the employee when the leave commenced or to a similar position with equivalent seniority status, benefits, pay and other terms and conditions of employment, unless the employee's failure to be restored to the position is due to conditions unrelated to his or her exercise of these leave rights.

 

F)         During any civil air patrol leave, the Office shall make it possible for employees to continue their benefits at the employee's expense.  At its option, these benefits may be continued at the Office's expense. Time utilized under the Civil Air Patrol Leave Act is not deducted from an employee's continuous service, vacation accrual or seniority date.

 

17)         Family Bereavement Leave 

 

A)        Upon request, an employee will be granted paid leave of up to 2 work days to attend a funeral or similar service, and for related travel, upon the death of a member of the employee's immediate family.  Leave shall be limited to one instance per calendar year.  Documentation of the reason for the funeral/bereavement leave, attendance at the funeral or similar service, and relationship to the deceased may be required.  Employees retain the right to use sick leave for a death in the immediate family.

 

B)        Upon request, an employee will be granted unpaid leave of up to 10 standard work days to:

 

1)         attend the funeral of a covered family member;

 

2)         make arrangements necessitated by the death of a covered family member;

 

3)         grieve the death of a covered family member; or 

 

4)         be absent from work due to a miscarriage, an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, a failed adoption match or an adoption that is not finalized because it is contested by another party, a failed surrogacy agreement, a diagnosis that negatively impacts pregnancy or fertility, or a still birth.

 

C)        In the event of the death of more than one covered family member in a 12-month period, an employee is entitled to up to a total of 6 weeks (30 standard work days) of bereavement leave during the 12-month period.  Family bereavement leave must be completed within 60 days after the date on which the employee receives notice of the death of the covered family member or the date on which an event listed in subsection (a)(17)(B)(4) occurs.  An employee shall provide the employer with at least 48 hours' advance notice of the employee's intention to take family bereavement leave, unless providing that notice is not reasonable and practicable. 

 

D)        An employer may require reasonable documentation substantiating the request for leave.  For leave resulting from an event listed under subsection (a)(17)(B)(4), reasonable documentation includes a form provided by the Illinois Department of Labor to be filled out by a health care practitioner who has treated the employee or the employee’s spouse or domestic partner, or surrogate, or documentation from the adoption or surrogacy organization that the employee worked with, certifying applicability. An employer may not require that the employee identify which category of event the leave pertains to as a condition of exercising rights under subsection (a)(17)(B)(4).

 

E)        For purposes of family bereavement leave, the term "covered family member" means an employee's son or daughter who is a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or step-parent.

 

b)         Employee Rights After Leave 

When an employee returns from a leave of absence of 6 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 the leave.  For the employee to be eligible for reinstatement, all requirements for substantiation of use of leave or physical fitness must have been furnished and the application for reassignment must be made within the specified time limit of the leave.  When an employee returns from a leave of absence exceeding 6 months in duration, other than a leave of absence granted under subsection (a)(2) or (a)(6), and there is no vacant position in the same position classification in which the employee was incumbent prior to the commencement of the leave, the employee may be laid off.  An employee returning from a leave of absence under subsection (a)(2) or (a)(6) shall be returned to the same or similar position in which the employee was incumbent prior to the commencement of the leave.  For the employee to be eligible for reinstatement, all requirements for substantiation of use of leave or physical fitness must have been furnished, the application for reassignment must be made within the specified time limits of the leave, and the Office's circumstances shall not have changed so as to make reassignment impossible or unreasonable.

 

c)         Failure to Return 

Failure to return from leave within 5 days after the expiration date may be cause for discharge. Leave shall automatically terminate upon the employee's securing other employment during the leave period.

 

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 leaves; Peace Corps or Job Corps leave; disaster service volunteer leave; or service-connected disability leave.

 

(Source:  Amended at 48 Ill. Reg. 2069, effective January 29, 2024)

 

Section 600.690  Holidays

 

a)         Authorized Holidays:  All full-time employees shall have time off, with full salary payment, for any days established by State or federal law for the observance of holidays and any other holidays or non-working days declared by the Auditor General. Permanent part-time employees working nineteen (19) or more hours per week shall earn holiday pay on a pro-rated basis determined by a fraction the numerator of which shall be the hours worked by the employee and the denominator of which shall be normal working hours in the year required by the position.

 

b)         Holiday Observance:  Where employees are scheduled and required to work on a holiday, equivalent time off will be granted within the following twelve 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 28 Ill. Reg. 14457, effective December 1, 2004)

 

Section 600.694  Overtime

 

a)         Overtime:  For those positions approved by the Auditor General and designated on lists maintained by the Auditor General, authorized work in excess of the scheduled work week as established by the Auditor General shall be overtime.  Overtime may be compensated in cash or compensatory time.

 

b)         Compensatory Time:  An employee's overtime accumulation shall be liquidated by the utilization of compensatory time off, when such utilization is practical.  Such compensation shall be made at a straight-time rate for work in excess of the scheduled work week but less than a forty (40) hour work week.  Work in excess of a forty (40) hour week shall be compensated at time and one-half.

 

c)         Compensatory Time Schedule:  Compensatory time shall be scheduled at the employee's preference except in those circumstances where such absence would be harmful to the operation of his or her work unit.

 

d)         Overtime Compensation in Cash:  Whenever it is not practical to liquidate an employee's overtime with compensatory time off, the employee shall be reimbursed in cash.  Such payment shall be made at a straight-time rate for work in excess of the scheduled work week but less than a forty (40) hour work week. Work in excess of a forty (40) hour work week shall be paid at time and one-half.

 

e)         Overtime -- Accumulation:  All employee overtime compensation shall be liquidated within forty-five (45) calendar days of its accumulation.

 

Section 600.698  Interpretation and Application of Rules

 

The Auditor General shall determine the proper interpretation and application of each Rule.  The decision of the Auditor General 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 600.699  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.

 

(Source:  Added at 28 Ill. Reg. 14457, effective December 1, 2004)




Section 600.APPENDIX A   Internal Office Rulemaking Procedures – Flow Chart

 






Section 600.APPENDIX B   Organization Chart

 

 

AUDITOR GENERAL

INSPECTOR GENERAL

CHIEF OF STAFF

EXECUTIVE SECRETARY TO AUDITOR GENERAL

EEO OFFICER

DEPUTY AUDITOR GENERAL

FISCAL OFFICER

LEGAL COUNSEL

PERFORMANCE AUDITS

FINANCIAL/COMPLIANCE AUDITS

 

(Source:  Amended at 44 Ill. Reg. 5873, effective April 1, 2020)