AUTHORITY: Implementing and authorized by the Personnel Code [20 ILCS 415] and the Organ Donor Leave Act [5 ILCS 327].

SOURCE: Filed May 29, 1975; amended at 3 Ill. Reg. 22, p. 78, effective June 1, 1979; amended at 3 Ill. Reg. 26, p. 199, effective July 1, 1979; emergency amendment at 3 Ill. Reg. 48, p. 188, effective January 1, 1980, for a maximum of 150 days; amended at 4 Ill. Reg. 11, p. 70, effective March 1, 1980; amended at 4 Ill. Reg. 15, p. 216, effective March 31, 1980; amended at 4 Ill. Reg. 22, p. 227, effective June 1, 1980; amended at 5 Ill. Reg. 8029, effective August 1, 1981; codified at 7 Ill. Reg. 13209; emergency amendment at 8 Ill. Reg. 329, effective January 1, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 7788, effective May 23, 1984; amended at 14 Ill. Reg. 3433, effective February 27, 1990; emergency amendment at 15 Ill. Reg. 5076, effective March 20, 1991, for a maximum of 150 days; emergency expired August 17, 1991; amended at 15 Ill. Reg. 5214, effective April 2, 1991; amended at 15 Ill. Reg. 14067, effective September 12, 1991; amended at 16 Ill. Reg. 8368, effective May 21, 1992; amended at 17 Ill. Reg. 5587, effective March 29, 1993; amended at 19 Ill. Reg. 8130, effective June 7, 1995; amended at 19 Ill. Reg. 11775, effective August 7, 1995; emergency amendment at 21 Ill. Reg. 11291, effective July 22, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 15454, effective November 24, 1997; amended at 23 Ill. Reg. 13815, effective November 4, 1999; emergency amendment at 24 Ill. Reg. 16694, effective October 27, 2000, for a maximum of 150 days; amended at 25 Ill. Reg. 4847, effective March 19, 2001; emergency amendment at 25 Ill. Reg. 12429, effective September 14, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 1138, effective January 18, 2002; amended at 27 Ill. Reg. 9008, effective May 23, 2003; emergency amendment at 28 Ill. Reg. 9677, effective July 1, 2004, for a maximum of 150 days; emergency expired November 27, 2004; emergency amendment at 28 Ill. Reg. 13795, effective October 1, 2004, for a maximum of 150 days; emergency expired February 27, 2005; amended at 28 Ill. Reg. 16308, effective December 3, 2004; amended at 30 Ill. Reg. 329, effective December 30, 2005; amended at 30 Ill. Reg. 13857, effective August 2, 2006; emergency amendment at 32 Ill. Reg. 19944, effective December 9, 2008, for a maximum of 150 days; amended at 33 Ill. Reg. 6503, effective April 23, 2009; emergency amendment at 33 Ill. Reg. 12032, effective August 7, 2009, for a maximum of 150 days; amended at 33 Ill. Reg. 16801, effective November 24, 2009; emergency amendment at 34 Ill. Reg. 12985, effective August 20, 2010, for a maximum of 150 days; amended at 35 Ill. Reg. 1587, effective January 14, 2011; amended at 36 Ill. Reg. 8661, effective May 30, 2012; amended at 36 Ill. Reg. 16200, effective November 1, 2012; amended at 42 Ill. Reg. 7677, effective April 11, 2018; peremptory amendment at 43 Ill. Reg. 8590, effective July 26, 2019; amended at 44 Ill. Reg. 18311, effective October 30, 2020.

SUBPART A: GRIEVANCE PROCEDURE

 

Section 303.10  Definition of a Grievance

 

a)         A grievance is any question between an employee and his/her employing agency, or applicant as covered in 80 Ill. Adm. Code 302.790, concerning the meaning, interpretation or application of this Part, or the Personnel Code or any issue concerning them or conditions of state employment which directly affect the grievant in the performance of his/her official duties.

 

b)         Probationary terminations, charges seeking discharge, demotion or suspension totaling more than 30 days in any 12-month period of certified employees, appeals of allocation of duties or transfers from one geographical area in the State to another are not subject to grievance procedure.

 

c)         An employee shall be allowed reasonable time with pay during working hours for the presentation of a grievance, provided the employee has obtained permission from his/her immediate supervisor therefore and the employee's absence will not interfere with agency operations.

 

Section 303.20  Procedure

 

a)         Grievances shall be submitted in accordance with the following procedure unless the Director permits an agency to vary the number or content of the steps therein prescribed upon the written request of the operating head of an agency and for good cause shown therein, except that a grievance arising out of interpretation and/or application of a provision contained within a collective bargaining agreement shall be heard pursuant to the procedures established therein for the respective bargaining unit.

 

b)         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 therefor, shall mean that the employee has withdrawn the grievance or accepted the last answer given in the grievance procedure if the employee so indicates.

 

c)         Step 1:  A grieving employee shall present the grievance orally to the immediate supervisor explaining its nature and circumstances within 5 scheduled working days after learning of the circumstances or condition which gave rise to it.  The immediate supervisor shall answer within 5 scheduled working days of its presentation.

 

d)         Step 2:  If the grievance is not satisfactorily resolved or no answer is given within 5 scheduled working days of its presentation, the employee may, within 10 days of the date the Step 1 answer was due, submit the grievance to the next higher supervisor by reducing the grievance to writing on a form prescribed by the Department for such purpose and presenting it to the next higher supervisor or the person designated to act at this Step.  A written answer thereto shall be given within 5 working days of its receipt by such person.

 

e)         Step 3

 

1)         If the grievance is not satisfactorily resolved or no answer is given within 5 scheduled working days after its written submission at Step 2, the employee may, within 10 working days after the Step 2 answer was due, appeal the grievance to the head of the operating agency by using the same or a different form.

 

2)         Within 20 working days after the Step 3 appeal is filed, the head of the operating agency shall render a written decision thereon, and shall serve a copy of said written decision upon the grievant.  Failure of the agency head to render a written decision and to serve it upon the grieving employee within the specified time shall automatically move the grievance to Step 4.

 

f)         Step 4:  If the grievance is not satisfactorily resolved or no answer is given within the time limit set forth in Step 3, the employee may submit a copy of the written statement of grievance theretofore submitted in Step 3 within 10 working days from the date the decision was due to the Director of Central Management Services for review and final determination.

 

(Source:  Amended at 4 Ill. Reg. 11, p. 70, effective March 1, 1980)

 

Section 303.21  Expedited Procedure

 

a)         If agreed to by both parties, the following shall be the procedure for an expedited hearing: 

 

1)         The Director shall appoint an employee of the Department of Central Management Services, Division of Legal/Labor Relations, to serve as the hearing officer of the expedited Step 4 grievance hearing.

 

2)         The hearing officer shall have the authority to mediate the grievance with the parties prior to the scheduling of the hearing.

 

3)         If the parties are unable to reach a resolution, the hearing officer shall schedule the hearing with the grievant or grievant's representative and the representative of the employee's agency to hear the grievance.

 

4)         Prior to the hearing, the parties shall submit documentation in support of their respective case.  The hearing officer shall have the authority to accept or deny all submissions of evidence.

 

5)         At the grievance hearing, both parties shall present a summary of their cases.  Witnesses are not allowed, but witness statements may be entered.  The opposing party will have the opportunity to respond to the documentation and/or witness statements at the hearing.  At the conclusion, the hearing officer shall adjourn the grievance hearing.  The hearing officer shall make a written recommendation to the Director within five working days after the hearing date.

 

6)         Upon receipt of the recommendation of the hearing officer, the Director shall approve, disapprove, or modify the recommendation, and shall render a decision on the recommendation in writing, and cause a copy of that decision to be served upon the parties.  The Director's decision shall be final.

 

(Source:  Added at 42 Ill. Reg. 7677, effective April 11, 2018)

 

Section 303.30  Grievance Committee

 

a)         The Director shall appoint a grievance committee comprised of two employees of the Department of Central Management Services and one employee of the Civil Service Commission or, if the grievant has a separate proceeding before the Civil Service Commission or if a Civil Service Commission employee is unavailable, an employee from an agency other than the Department of Central Management Services to hear grievances. Committee members must have experience and knowledge in the areas of personnel administration and employee relations. Not more than one committee member shall be appointed from any one bureau and no committee member shall be appointed to hear a grievance arising from the bureau in which the committee member is employed.

 

b)         In addition to the three committee members appointed pursuant to subsection (a) above, the Director shall appoint an employee of the Department of Central Management Services, Division of Employee and Labor Relations to serve as Secretary-Chairperson of the committee. The Secretary-Chairperson shall assist the committee in its determination, shall be entitled to be heard by the committee, but shall not be entitled to vote on the committee's recommendations. Unless an expedited Step 4 (see Section 303.21) procedure is agreed to by the parties pursuant to procedures and policies issued by the Director, the members of the grievance committee shall reduce their recommendations as to the disposition of the grievance to writing and submit them to the Director. A dissenting member of the committee may make separate recommendations.  All recommendations will bear the signature of the concurring committee members.

 

c)         Upon the receipt of recommendations from a grievance committee, the Director shall approve, disapprove or modify the Panel recommendations, shall render a decision thereon in writing, and cause a copy of such decision to be served upon the parties.  The Director's decision shall be final.

 

d)         The written statement of the employee's grievance, the recommendations of the grievance committee, and the decision of the Director, thereon shall be made a part of the permanent record of the grieving employee in the files of the Department.

 

(Source:  Amended at 42 Ill. Reg. 7677, effective April 11, 2018)

 

Section 303.45  Representation

 

In discussions or meetings with the employer in Steps 2, 3, or 4 of the Grievance Procedure (Section 303.20), the employee shall be entitled to be present and may be accompanied or represented by the exclusive bargaining representative or, if there is no such representative, any other person.

SUBPART B: LEAVE OF ABSENCE

 

Section 303.90  Sick Leave

 

a)         All employees, excepting those in emergency, intermittent, per diem or temporary status, unless such status is the result of accepting a non-permanent working assignment in another class, shall accumulate sick leave at the rate of one day for each month's service.  Sick leave may be used for illness, disability or injury of the employee, appointments with doctor, dentist or other professional medical practitioner and also may be used in the event of serious illness, disability, injury or death of a member of the employee's immediate family.  The operating agency or the Department may require evidence to substantiate that such leave days were used for the purpose herein set forth for periods of absence of ten consecutive workdays, or less.  For periods of absence of more than ten consecutive workdays the employee shall provide verification for such absence in accordance with the provisions of Section 303.145.  Beginning with calendar year 1995, 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.  Beginning with July 1, 1997, a part-time employee who works at least half time 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.  Such additional personal day shall be used in accordance with Section 303.125.

 

b)         Sick time may be taken in increments of not less than one-quarter hour after a minimum use of one-half hour any time after it is earned.

 

(Source:  Amended at 33 Ill. Reg. 6503, effective April 23, 2009)

 

Section 303.100  Accumulation of Sick Leave

 

An employee shall be allowed to carry over from year to year of continuous service unused sick leave allowed under this Subpart and shall retain any unused sick leave or emergency absence leave accumulated prior to December 19, 1961.

 

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

 

Section 303.102  Payment in Lieu of Sick Leave

 

a)         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 4 calendar days of such termination.

 

b)         For purposes of this Section, sick leave is deemed to be used by an employee within the following priority order:

 

1)         Sick leave earned through December 31, 1983.

 

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

 

3)         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.

 

c)         In order to determine the amount of sick leave to be paid upon termination of employment, the operating agency will:

 

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

 

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

 

3)         cause lump sum payment to be made for one half of the amount of sick leave in subsection (c)(1) or (2) above, whichever is the lesser amount, multiplied by the daily salary rate.

 

d)         The method of computing the hourly or daily salary rate for sick leave qualifying for lump sum payment upon termination of employment shall be in accordance with 80 Ill. Adm. Code 310.520(a).

 

e)         If an employee has a negative sick leave balance pursuant to Section 303.110 when employment is terminated, no payment shall be made to the employee and the unrecouped balance due is cancelled.

 

f)         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 such 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.

 

g)         The payment provided by this Section shall not be allowed if the purpose of the separation from employment and any subsequent reemployment is for the purpose of obtaining such payment.

 

h)         The accrued leave amount shall be certified in writing to the employee by the employing agency. This certification may be held by the employee or forwarded to the Retirement System.

 

(Source:  Amended at 21 Ill. Reg. 15454, effective November 24, 1997)

 

Section 303.105  Reinstatement of Sick Leave

 

On or after the effective date of this Subpart, accumulated sick leave available at the time an employee's continuous state service is interrupted for which no salary payment is made shall upon verification be reinstated to the employee's account upon return to full time or regularly scheduled part-time employment except in temporary or emergency status.  This reinstatement is applicable provided such interruption of service occurred not more than five years prior to the date the employee reenters state service and provided such sick leave has not been credited by the appropriate retirement system towards retirement benefits.  An employee with previous State service for which sick leave was granted under provisions other than Jurisdiction C of the Personnel Code shall have such amount reinstated to the extent such sick leave is provided under Section 303.90.

 

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

 

Section 303.110  Advancement of Sick Leave

 

An employee with more than two years continuous service, whose personnel records warrant it, may be advanced sick leave with pay for not more than 10 working days with the written approval of the operating agency and the Director.  Such advances will be charged against sick leave accumulated later in subsequent service.

 

Section 303.112  Sick Leave Bank

 

a)         This Section contains rules governing the operation of plans allowing participating employees in each agency to bank portions of their accrued sick leave in a sick leave bank to be used by participating employees in the same agency who have exhausted their accrued vacation time, personal days, sick leave or compensatory time.  This Section provides a framework within which each agency may administer a sick leave bank.  Individual agency procedures should be consistent with the framework set forth in this Section unless alternative procedures have been agreed upon pursuant to collective bargaining negotiations.

 

b)         Definitions

 

1)         "Agency" means any branch, department, board, committee or commission of State government, but does not include units of local government, school districts or boards of election commissioners [5 ILCS 400/5.10].

 

2)         "Sick leave bank" means a depository into which participating employees may donate accrued sick leave time for allocation to other participating employees [5 ILCS 400/5.15].

 

3)         "Participating employee" means a permanent full- or part-time employee who has been employed by a State agency for a period of 6 months or more who voluntarily enrolls in the sick leave bank by depositing at least one full day of accrued sick leave in that bank [5 ILCS 400/5.20].  An employee who wishes to enroll must have a minimum of 5 days of accrued sick time on the books.

 

4)         "Catastrophic illness or injury" means temporary disability or incapacity resulting from a life threatening illness or injury or illness or injury of other catastrophic proportion as determined by the Director.  Factors considered by the Director shall include the length of time the employee must be absent from work due to illness or injury. Catastrophic illness or injury may be due to, but not limited to, cancer, heart disease, stroke or another serious illness or injury resulting in an employee missing more than 25 work days.

 

5)         "Personal catastrophic illness or injury" means a catastrophic illness or injury to the employee or, if agreed upon by the agency head and the Director, members of the employee's immediate family.  Factors to be considered in determining if an employee's immediate family members are covered include the nature and duration of the catastrophic illness or injury; whether the person is financially and emotionally dependent on the employee; whether the presence of the employee is needed; and whether the individuals are covered pursuant to collective bargaining negotiations. Immediate family shall mean spouse, civil union partner, child, parent or any person living in the employee's household for whom the employee has custodial responsibility.

 

c)         Participation in the sick leave bank is voluntary on the part of any employee.  Employees wishing to participate must be permanent full-time or part-time employees with a minimum of 6 months of service.

 

d)         A participating employee may deposit into the sick leave bank as much accrued sick leave as desired provided that the participating employee shall retain in his or her own account at least 5 sick days  [5 ILCS 400/10(b)].

 

e)         Employees may voluntarily enroll at any time.  Employees shall wait 60 calendar days after enrollment before utilizing the sick leave bank.

 

f)         An employee may use up to 25 work days from the sick leave bank per 12-month period, except that participating employees shall not use sick leave accumulated in the sick leave bank until all of their accrued vacation, personal days, sick leave and compensatory time have been used.  The Director may approve limits of other than 25 work days per 12-month period.  Factors considered in determining if an alternate limit should be approved include:

 

1)         the personnel jurisdiction governing the agency and employees in question;

 

2)         whether limits have been established through collective bargaining negotiations;

 

3)         the desire for uniformity among agency plans;

 

4)         operational needs of the agency.

 

g)         Any sick leave in the sick leave bank used by a participating employee shall be only for the personal catastrophic illness or injury of the employee and may not be transferred, returned or used for any other purpose.

 

h)         Each State agency shall develop procedures, consistent with this Section, for establishing a single sick leave bank for all agency employees.

 

i)          Injuries and illnesses that are compensable under the Workers' Compensation Act [820 ILCS 305] or Workers' Occupational Disease Act [820 ILCS 310] shall not be eligible for sick leave bank use.

 

j)          Participating employees who transfer from one agency to another may transfer their participation in the sick leave bank [5 ILCS 400/10(f)].

 

k)         An employee shall not be eligible to withdraw the sick leave time he or she has contributed to the bank.

 

l)          Decisions affecting a participating employee's use of the sick leave bank may be submitted by the employee to a review committee.  Unless otherwise approved by the Department, the committee shall consist of one agency representative and two Department representatives.  In determining if alternative committee membership should be approved, the Department shall consider the jurisdiction governing the agency or employees in question. Decisions of review committees shall be final and binding; however, employees are permitted to submit additional medical documentation upon receipt of a denied application for use. The committee will review the additional medical documentation and make a determination for approval or denial based on the entirety of medical documentation provided.

 

m)        Any abuse of the use of the sick leave bank shall be investigated by the agency and the Department and upon a finding of wrongdoing on the part of a participating employee, that employee shall repay all sick leave days drawn from the sick leave bank and shall be subject to other disciplinary action [5 ILCS 400/10(h)].

 

(Source:  Amended at 44 Ill. Reg. 18311, effective October 30, 2020)

 

Section 303.115  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 [20 ILCS 415/8b.20].

 

(Source:  Amended at 33 Ill. Reg. 6503, effective April 23, 2009)

 

Section 303.120  Furlough Program

 

a)         Definition

 

1)         "Employee" includes less than full-time, full-time, intermittent, per diem, temporary, emergency and provisional employees.

 

2)         "Furlough" is a timekeeping status in which an employee is placed for a temporary period of leave without duties or pay because of conditions that require an agency to curtail its operations; a furlough program may be either voluntary or involuntary at the discretion of the agency head.  Furlough is a tool to continue State services with minimal disruption and retain valuable employees at reduced cost.  The employee's employment status shall not change because of the furlough.  Furlough shall not change the employee's continuous or creditable service dates for the purpose of annual evaluations, retirement or longevity, the employee's health or life insurance coverage or the employee's accrual of vacation, sick or personal time.  Employees on furlough shall not be at work or on standby or on-call duty and shall not perform State work during furlough time.  Furlough shall not be used when permanent or temporary layoff or emergency shut-down is appropriate.  Furlough shall not be used as a substitute for permanent part-time employment.  Furlough shall not be a means or form of discipline.  Employees on paid military leave or other unpaid leave shall not be scheduled for furlough during the leave and shall be scheduled upon return to work if the furlough program remains in effect.

 

3)         "Furlough-Exempt Employee" means a uniform, narrow definition of "furlough-exempt" shall be applied throughout the furlough program by the agency head.  Furlough-exempt employees may include employees:

 

A)        in 24/7 facilities, to ensure adequate service delivery and staff coverage, and who would have to be replaced at a higher cost than the costs saved through furlough;

 

B)        who perform critical functions of the agency, or protect the safety and health of employees, clients or patients of the agency or the public;

 

C)        who are paid 100% by federal funds; and

 

D)        who are in revenue-generating positions that generate more money than the costs that would be saved by furlough.

 

b)         Program Approval − An agency head, with prior approval from the Office of the Governor and the Director of Central Management Services, may institute a furlough program.  The agency shall provide advanced notification to affected employees as soon as practicable.  An agency head shall indicate whether the furlough is for the entire agency or a designated division or program, the initial effective date of the program, the number of days that employees shall be on furlough and the end date of the furlough program.  Agencies shall track which employees have taken furlough and the cost savings to the State.

 

c)         Furlough Time − Furlough time shall be scheduled in a manner that is consistent with the operating needs of the agency.  Furlough may be taken in full or ½ day increments only and may be nonconsecutive.  Employees on schedules with shortened workweeks shall take furlough time on a prorated basis.  Sick time, accumulated holiday time, Earned Equivalent Time (EET), and compensatory time shall not be used to remain in pay status while on furlough.  Accrued vacation time and accrued personal time may be used by employees subject to a non-bargaining unit furlough program to remain in pay status while on furlough.  Taking a furlough day before or after a holiday shall not result in loss of pay for the holiday.  Furlough time shall not count toward overtime.  Conflicts regarding scheduling furlough time shall be resolved based first on the operational needs of the agency and second by continuous service date.  All furlough time shall be pre-approved.  Previously charged unpaid time (unexcused absence, unauthorized absence, excused absence or suspension time) shall not be used to meet an employee's furlough obligation.  Employees subject to a non-bargaining unit furlough program may elect to take a furlough day on a holiday; however, an agency shall not mandate that an employee take a furlough day on a holiday.

 

d)         Time Sheets – Furloughs shall be indicated by a daily entry of FD (Furlough Day) on an employee's time sheet.  In the event an employee elects to utilize a vacation or personal day in the place of a non-bargaining unit furlough day, the employee's time sheet shall indicate an entry of FV (Furlough, Vacation) or FP (Furlough, Personal).

 

e)         Furlough Time Value – The value of a furlough day is worth exactly the same amount of money regardless of the number of days in the pay period and is computed by dividing the annualized rate of pay by the total number of days in a work year as filed with the Department of Central Management Services.  Regularly recurring items, such as longevity pay, shift differential, bilingual pay, and other premium pay items that are paid each month, are included in determining the regular monthly rate.  Agencies shall not use temporary or interim assignment pay to determine the value for employees on temporary or interim assignment.  The value of the deducted day will be subtracted from the semi-monthly rate.  Employees taking furlough on a day when their scheduled number of work hours varies from the employing agency's normal work schedule on that day are only required to furlough the number of hours in that employing agency's normal schedule.  For example, an employee who is scheduled to work 10 hours on a furlough day in an agency with a normal work schedule of 7.5 hours will furlough 7.5 hours and either work the remaining 2.5 hours or utilize benefit time (vacation, personal, accumulated holiday, EET or compensatory time) for the remaining 2.5 hours that day.  The value of such furloughed hours is determined by computing the annualized hourly rate (i.e., annual salary divided by the hours in a regular annual work schedule, 1957.5, for example), multiplying the rate by the number of furlough hours taken and deducting that amount from the annual salary.

 

(Source:  Amended at 35 Ill. Reg. 1587, effective January 14, 2011)

 

Section 303.125  Leave for Personal Business

 

a)         All employees, excepting those in emergency, per diem or temporary status shall be permitted 3 personal days off each calendar year with pay.  Beginning with calendar year 1995, in the event an employee does not use sick leave in any calendar year, the employee shall be awarded 1 additional personal day on January 1 of the next calendar year.  Beginning with July 1, 1997, a part-time employee who works at least half-time 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.  Such personal days may be used for such occurrences as observance of religious holidays, Christmas shopping, absence due to severe weather conditions, or for other similar personal reasons, but shall not be used to extend a holiday or annual leave except as permitted in advance by the operating agency through prior written approval.  Employees entitled to receive such leave who enter service during the year shall be given credit for such leave at the rate of ½ day for each 2 months service for the calendar year in which hired.  Such personal leave may not be used in increments of less than ½ hour at a time.  Except for those emergency situations which preclude the making of prior arrangements, such days off shall be scheduled sufficiently in advance to be consistent with operating needs of the employer.  Supervisors may, however, grant employee requests to use personal leave in increments of ¼ hour, after a minimum use of ½ hour.

 

b)         Personal leave shall not accumulate from calendar year to calendar year; nor shall any employee be entitled to payment for unused personal leave upon separation from the service except as provided in Section 8c(2) of the Personnel Code.  The accrued leave amount paid under this Section of the Personnel Code shall be certified in writing to the employee by the employing agency.  This certification may be held by the employee or forwarded to the Retirement System.

 

c)         Employees subject to a non-bargaining unit furlough program may substitute accrued personal leave for furlough time in order to remain in paid status.  Utilization of accrued personal leave for furlough must be in ½ day or full day increments and must be in accordance with furlough program requirements.

 

(Source:  Amended at 35 Ill. Reg. 1587, effective January 14, 2011)

 

Section 303.130  Parental Leave

 

a)         All employees will be eligible for 10 weeks (50 work days) of paid parental leave, per twelve (12) month period which begins upon birth, for each pregnancy resulting in births or multiple births.  The State shall require proof of pregnancy at least 30 days prior to the expected due date, as well as proof of the birth.  In addition, employees will be required to provide proof of a parent-child relationship such as a birth certificate or other appropriate documentation.

 

b)         New Adoption

 

1)         All employees will be eligible for 10 weeks (50 work days) of paid parental leave per twelve (12) month period for a new adoption.  If the adoption occurs after foster placement, the leave is permitted only if the child or children has/have not resided with the employee for more than three (3) years.  The twelve (12) month leave period begins either:

 

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

 

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

 

2)         The employee must:

 

A)        notify the agency personnel office of intent to take leave as soon as the employee is aware of impending adoption;

 

B)        submit proof of the legal status of the adoption, including proof of finalization; and

 

C)        if applicable, submit documentation from a child welfare agency regarding the length of the child's residency with the employee. 

 

c)         Employees using leave under this Section must use the leave benefit in weeklong increments (5 consecutive working days).

 

d)         If both parents are employees, they shall each be eligible for 10 weeks of paid leave, as set out in this Section, which may be taken consecutively or concurrently.

 

(Source:  Amended by peremptory rulemaking at 43 Ill. Reg. 8590, effective July 26, 2019)

 

Section 303.131  Leave in the Event of a Stillborn Child

 

All employees who provided proof of their pregnancy or that of their partner at least 30 days prior to the expected due date will be eligible for 5 weeks (25 work days) of paid leave in the event of a full-term stillborn child.  The State shall 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 Section must use the leave benefit immediately.

 

(Source:  Amended by peremptory rulemaking at 43 Ill. Reg. 8590, effective July 26, 2019)

 

Section 303.135  On-The-Job Injury – Industrial Disease

 

a)         An employee who suffers an on-the-job injury or who contracts a service-connected disease shall be allowed full pay during the first 3 working days of absence without utilization of any accumulated sick leave or other benefits.  Thereafter the employee shall be permitted to utilize accumulated sick leave or other benefits unless the employee has applied for and been granted temporary total disability benefits in lieu of salary or wages pursuant to provisions of the Workers' Compensation Act [80 ILCS 305] or through the State's self-insurance program.

 

b)         In the event such service-connected injury or illness becomes the subject of payment of benefits provided in the Workers' Compensation Act by the Industrial Commission, the courts, the State self-insurance program or other appropriate authority, the employee shall restore to the State the dollar equivalent which duplicates payment received as sick leave or other accumulated benefit time, and the employee's benefit accounts shall be credited with leave time equivalents.

 

c)         Employees whose compensable service connected injury or illness requires appointments with a doctor, dentist, or other professional medical practitioner shall, with supervisor approval, be allowed to go to such appointments without loss of pay and without utilization of sick leave.

 

(Source:  Amended at 28 Ill. Reg. 16308, effective December 3, 2004)

 

Section 303.140  Leaves of Absence Without Pay

 

a)         Unless otherwise provided in this Subpart, an agency may grant leaves of absence without pay to employees for periods not to exceed 6 months and such leaves may be extended for good cause by the operating agency for additional 6 month periods.

 

b)         Any employee, except an employee in a position or program financed in whole or in part by loans or grants made by the United States or any Federal agency, who is elected to State office, shall, upon request, be granted a leave of absence for the duration of the elected terms.

 

c)         No emergency or temporary employee shall be granted leave of absence.

 

(Source:  Amended at 19 Ill. Reg. 8130, effective June 7, 1995)

 

Section 303.142  Leave to Attend Union Conventions

 

An employee who is a member of a union representing State employees and who has been selected as delegate, or alternate delegate to attend union conventions shall be allowed a leave of absence without pay, subject to the approval of the head of the agency in which employed, to attend said convention.

 

Section 303.145  Disability Leave

 

a)         An employee who is unable to perform a substantial portion of his/her regularly assigned duties due to temporary physical or mental disability shall upon request be granted a leave for the duration of such disability.

 

b)         In granting such leave or use of sick leave as provided in Section 303.90, the agency shall apply the following standards:

 

1)         A substantial portion of regularly assigned duties shall be those duties or responsibilities normally performed by the employee which constitute a significant portion of the employee's time or which constitute the differentiating factors which identify that particular position from other positions, provided the balance of duties can be reassigned by the agency;

 

2)         A request for disability leave shall be in writing except when the agency is advised by other appropriate means of the employee's disability in which event the employee's signature is not required;

 

3)         Except for service-connected disability as provided in Section 303.135, the employee shall have exhausted available sick leave provided under Section 303.90 prior to being granted a disability leave; an employee may use other accrued paid time for this purpose but is not required to do so;

 

4)         During a disability leave, the disabled employee shall provide written verification by a person licensed under the Medical Practice Act of 1987 [225 ILCS 60] or under similar laws of Illinois or of other states or countries or by an individual authorized by a recognized religious denomination to treat by prayer or spiritual means; such verification shall show the diagnosis, prognosis and expected duration of the disability; such verification shall be made no less often than every 30 days during a period of disability, unless the nature of the disability precludes the need for such frequency of verification;

 

5)         As soon as an employee becomes aware of an impending period of disability, he/she shall notify the appropriate supervisor of such disability and provide a written statement by the attending physician of the approximate date the employee will be unable to perform his/her regularly assigned duties;

 

6)         If the agency has reason to believe that the employee is able or unable to perform a substantial portion of his/her regularly assigned duties, it may seek and rely upon the decision of an impartial physician chosen by agreement of the parties or in the absence of such agreement upon the decision of an impartial physician who is not a State employee and who is selected by the State Employees' Retirement System.

 

c)         Failure of an employee to provide verification of continued disability upon reasonable request shall on due notice cause termination of such leave.

 

d)         An employee's disability leave shall terminate when said employee is no longer temporarily disabled from performing his/her regularly assigned duties.

 

1)         An employee is no longer temporarily disabled when he/she is able to perform his/her regularly assigned duties upon advice of the appropriate authority or, in the absence of such authority, the attending physician.

 

2)         An employee is no longer temporarily disabled when he/she is found to be permanently disabled and unable to perform a substantial or significant portion of his/her regularly assigned duties by the appropriate authority, or in the absence of such authority, by the attending physician.

 

3)         In determining whether to approve a requested discharge of an employee for failure to return from a disability leave or for physical inability to perform the duties of a position, the Director may seek and rely upon the advice of the State Employees Retirement System or other appropriate authority, including an impartial physician selected in accordance with subsection (b)(6) of this Section.

 

e)         Return from Disability Leave.

 

1)         An employee who returns from a disability leave of 6 months or less shall be returned by the Agency to the same or similar position in the same class in which the employee was incumbent at the time the leave commenced.

 

2)         An employee who returns from a disability leave exceeding 6 months and there is no vacant position available in the same class held by the employee at the commencement of such leave may be laid off in accordance with the Rules on Voluntary Reduction and Layoff, unless such leave resulted from service-connected disability, in which case the employee shall be returned to employment as in subsection (e)(1).

 

f)         An employee who is on disability leave while in temporary or emergency status, except if such status results from a leave of absence to accept such position, shall be eligible for such leave for the balance of such appointment and shall earn or accrue no other benefit arising from this Subpart.

 

g)         When the employer has requested a fitness for duty evaluation, pursuant to subsection (b)(6) of this Section, that determines the employee is unfit for duty and the employee's physician certifies the employee is fit for duty, the employer may rely upon the decision of the impartial physician as to the employee's fitness for duty.  The examination shall be paid for by the employer.

 

(Source:  Amended at 28 Ill. Reg. 16308, effective December 3, 2004)

 

Section 303.148  Family Responsibility Leave

 

a)         An employee who wishes to be absent from work in order to meet or fulfill responsibilities, as defined in subsection (f), arising from the employee's role in his or her family or as head of the household will normally, upon request and in the absence of another more appropriate form of leave, be granted a Family Responsibility Leave (FRL) for a period not to exceed one year.  Employees shall not be required to use any accumulated benefit time prior to taking FRL.  Such request shall not be unreasonably denied.  The agency head will consider whether the need for the FRL is substantial, whether the action is consistent with the treatment of other similar situations and whether the action is equitable in view of the particular circumstances prompting the request.

 

b)         Any request for FRL shall be submitted in writing by the employee not less than 15 calendar days in advance of the leave unless such notice is precluded by emergency conditions and shall state the purpose of the leave and the expected duration of absence.

 

c)         FRL shall be granted only to a permanent full-time employee, except that an intermittent employee shall be non-scheduled for the duration of the required leave.  An employee in temporary, emergency, provisional or trainee status shall not be granted FRL.

 

d)         "Family responsibility", for purposes of this Section, is defined as the duty or obligation perceived by the employee to provide care, full-time supervision, custody or non-professional treatment for a member of the employee's immediate family or household under circumstances temporarily inconsistent with uninterrupted employment in State service [20 ILCS 415/8c(5)].

 

e)         "Family" has the customary and usual definition for this term for purposes of this Section, that is:

 

1)         group of 2 or more individuals living under one roof, having one head of the household and usually, but not always, having a common ancestry, and including the employee's spouse or civil union partner;

 

2)         the natural relation of the employee, even though not living in the same household, as parent, sibling or child; or

 

3)         adoptive, custodial and in-law individuals when residing in the employee's household or any relative or person living in the employee's household for whom the employee has custodial responsibility or persons living in the employee's household who are financially and emotionally dependant on the employee when the presence of the employee is needed, but excluding persons not otherwise related of the same or opposite sex sharing the same living quarters but not meeting any other criteria for family.

 

f)         Standards for granting a Family Responsibility Leave are:

 

1)         to provide nursing (breastfeeding) and/or custodial care for the employee's newborn infant, whether natural born or adopted;

 

2)         to care for a temporarily disabled, incapacitated or bedridden resident of the employee's household or member of the employee's family;

 

3)         to furnish special guidance, care or supervision of a resident of the employee's household or a member of the employee's family in extraordinary need of that guidance, care or supervision;

 

4)         to respond to the temporary dislocation of the family due to a natural disaster, crime, insurrection, war or other disruptive event;

 

5)         to settle the estate of a deceased member of the employee's family or to act as conservator, if so appointed, when providing the exercise of those functions precludes the employee from working; or

 

6)         to perform family responsibilities consistent with the intention of this Section but not otherwise specified.

 

g)         The agency shall require substantiation or verification of the need by the employee for FRL. The substantiation or verification shall be consistent with and appropriate to the reason cited in requesting the leave, such as:

 

1)         a written statement by a physician or medical practitioner licensed under the Medical Practice Act of 1987 [225 ILCS 60] or under similar laws of Illinois or of another state or country or by an individual authorized by a recognized religious denomination to treat by prayer or spiritual means. The verification shall show the diagnosis, prognosis and expected duration of the disability requiring the employee's presence;

 

2)         written report by a social worker, psychologist, or other appropriate practitioner concerning the need for close supervision or care of a child or other family member;

 

3)         written direction by an appropriate officer of the courts, a probation officer or similar official directing close supervision of a member of the employee's household or family; or

 

4)         an independent verification substantiating the need for FRL.

 

h)         FRL shall not be renewed; however, a new leave shall be granted at any time for any reason consistent with subsection (f) other than that for which the original leave was granted.

 

i)          If an agency has reason to believe that the condition giving rise to the given need for FRL no longer exists during the course of the leave, it should require further substantiation or verification and, if appropriate, direct the employee to return to work on a date certain.

 

j)          Failure of an employee, upon request by the employing agency, to provide required verification or substantiation is cause, with due notice, for termination of the leave.

 

k)         FRL shall not be used for purpose of securing alternative employment.  An employee, during FRL, may not be gainfully employed full time, otherwise the leave shall terminate.

 

l)          Upon expiration of an FRL or, prior to expiration, by mutual agreement between the employee and the employing agency, the agency shall return the employee to the same or similar position classification that the employee held immediately prior to the commencement of the leave.  If such a position is not available, the employee will be subject to layoff in accordance with 80 Ill. Adm. Code 302.Subpart J (Voluntary Reduction, Transfer and Layoffs).

 

m)        Nothing in this Section shall preclude the reallocation or abolition of the position classification of the employee during FRL, nor shall the employee be exempt from 80 Ill. Adm. Code 302.Subpart J by virtue of FRL.

 

n)         The State shall continue payment of its portion of employee and dependent health and dental insurance premiums for up to 6 months while an employee is on a Family Responsibility Leave consistent with the Federal Family and Medical Leave Act of 1993 (29 USC 2601 et seq.) and subsections (f)(1), (2) and (3) of this Section.  For leaves defined by subsections (f)(4), (5) and (6) of this Section, the State shall not continue payment of its portion of employee and dependent health and dental insurance premiums.

 

(Source:  Amended at 36 Ill. Reg. 16200, effective November 1, 2012)

 

Section 303.149  Organ Donor Leave

 

Leaves of absence shall be allowed to employees who donate an organ or bone marrow as provided in 80 Ill. Adm. Code 332.

 

(Source:  Added at 27 Ill. Reg. 9008, effective May 23, 2003)

 

 

Section 303.150  Employee Rights After Leave

 

When an employee returns from a leave of absence of six months or less, the agency shall return the employee to the same or similar position in the same class in which the employee was incumbent prior to commencement of such leave.  Except for those leaves granted under Sections 303.155 and 303.160, when an employee returns from a leave or leaves exceeding six months and there is no vacant position available to him/her in the same class in which the employee was incumbent to such leave or leaves commencing, the employee may be laid off in accordance with the rules on voluntary reduction and layoffs.

 

Section 303.153  Failure to Return

 

Failure to return from leave within 5 days after the expiration date may be cause for discharge.

 

Section 303.155  Leave to Take Exempt Position

 

An agency may approve leaves of absence for certified employees who accept appointment in a position which is exempt from Jurisdiction B of the Personnel Code.  Such leaves of absence may be for a period of one year or less and may be extended for additional periods of one year or less.  At the expiration thereof, an employee shall be restored to the same or similar position in the same county from which the leave was granted upon making application of the employing agency with continuous service including the period of such leave, except that employees who are on leave of absence status from positions subject to Term Appointment of January 1, 1980 shall be subject to the provisions of Term Appointment and whose rights shall be terminated under the provisions of this Part if not reappointed pursuant to 80 Ill. Adm. Code 302.840.

 

(Source:  Amended at 19 Ill. Reg. 11775, effective August 7, 1995)

 

Section 303.160  Military and Peace Corps Leave

 

Leave of absence shall be allowed employees who enter military service or the Peace or Job Corps as provided in 80 Ill. Adm. Code 302.220 and 302.250 and as may be required by law.

 

Section 303.165  Family Military Leave

 

a)         An employee who is the current spouse, civil union 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 (FML) during the time the State or federal deployment orders are in effect.

 

b)         The leave shall be granted to an employee who has been employed for at least 12 months and has worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

 

c)         Any request for FML shall be in writing by the employee submitted not less than 14 calendar days in advance of the intended date the FML will commence if the leave will consist of 5 or more consecutive workdays. Employees requesting FML for less than 5 consecutive workdays shall give as much advance notice as is practicable.  When able, the employee shall consult with the employer to schedule the leave so as not to unduly disrupt the operations of the employer.

 

d)         Except in cases of emergency, FML 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 two days after the employee's return to work.

 

e)         The employee shall provide certification from the proper military authority to verify eligibility for the FML requested.

 

f)         An employee shall not be eligible to take FML unless he or she has exhausted all accrued vacation leave, personal leave, compensatory leave, equivalent earned time, maternity/paternity leave, and any other time away from work with pay. Exceptions to this exhaustion requirement are sick leave, disability leave and unpaid leave under the Federal Family and Medical Leave Act of 1993 (29 USC 2601 et seq.).

 

g)         Upon expiration of the FML, the employee is entitled to be restored to the position held by the employee when the leave commenced or to an equivalent position. These restoration rights do not apply if the employer establishes that the restoration is denied due to conditions unrelated to the employee's exercise of rights under the Family Military Leave Act [820 ILCS 151].

 

h)         An intermittent employee shall be nonscheduled for the duration of the required leave.

 

i)          This leave will not extend to any type of appointment that is 6 months or less in duration.

 

j)          Time utilized under the Family Military Leave Act is not deducted from an employee's continuous service, vacation accrual or seniority date.

 

(Source:  Added at 36 Ill. Reg. 8661, effective May 30, 2012)

 

Section 303.166  Civil Air Patrol Leave

 

a)         An employee is eligible to request up to 30 days of unpaid Civil Air Patrol Leave (CAPL) to perform a civil air patrol mission.

 

b)         CAPL shall be granted to an employee who has been employed for at least 12 months and has worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

 

c)         Any request for CAPL shall be in writing by the employee and submitted not less than 14 calendar days in advance of the intended date the CAPL will commence if the leave will consist of 5 or more consecutive workdays. Employees requesting CAPL for less than 5 consecutive workdays shall give as much advance notice as is practicable.  When able, the employee shall consult with the employer to schedule the leave so as not to unduly disrupt the operations of the employer.

 

d)         The employee shall provide certification from the Civil Air Patrol authority to verify eligibility for the CAPL requested.

 

e)         An employee eligible to take CAPL shall not be required to have exhausted all accrued vacation leave, personal leave, compensatory leave, equivalent earned time, maternity/paternity leave, sick leave, disability leave, and any other time away from work with pay.

 

f)         Upon expiration of the leave, the employee is entitled to be restored to the position held by the employee when the leave commenced or to an equivalent position. These restoration rights do not apply if the employer establishes that the restoration is denied due to conditions unrelated to the employee's exercise of rights under the Civil Air Patrol Leave Act [820 ILCS 148].

 

g)         During any CAPL, an employee shall be allowed to continue his or her benefits at his or her own expense, unless previously negotiated with the employer.

 

h)         An intermittent employee shall be nonscheduled for the duration of the required leave.

 

i)          This leave will not extend to any type of appointment that is 6 months or less in duration.

 

j)          Time utilized under the Civil Air Patrol Leave Act is not deducted from an employee's continuous service, vacation accrual or seniority date.

 

(Source:  Added at 36 Ill. Reg. 8661, effective May 30, 2012)

 

Section 303.170  Military Reserve Training and Emergency Call-Up

 

a)         Any full-time employee who is a member of a reserve component of the Armed Services, the Illinois National Guard or the Illinois Naval Militia, shall be allowed annual leave with pay for one full pay period and such additions or extensions to fulfill the military reserve obligation.  Such leaves will be granted without loss of seniority or other accrued benefits.

 

b)         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 said emergency with pay and without loss of seniority or other accrued benefit.  Military earnings for the emergency call-up paid under "An Act to establish a Military and Naval code for the State of Illinois and to establish in the Executive Branch of the State Government a principal department which shall be known as the Military and Naval Department, State of Illinois and to repeal an Act therein named (Ill. Rev. Stat. 1981, ch. 129, pars. 220.01 et seq.)" must be submitted and assigned to the employing agency, and the employing agency shall 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 employing agency shall return the difference to the employee.

 

c)         To be eligible for military reserve leave or emergency call-up pay, the employee must provide the employing agency with a certificate from the commanding officer of his/her unit that the leave taken was for either such purpose.

 

d)         Any full-time employee who is a member of any reserve component of the United States Armed Forces or of any reserve component of the Illinois State Militia shall be granted leave from State employment for any period actively spent in such military service including basic training and special or advanced training, whether or not within the State, and whether or not voluntary.

 

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

 

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

 

Section 303.171  Leave for Military Physical Examinations

 

Any permanent employee drafted into military service shall be allowed up to three days leave with pay to take a physical examination required by such draft.  Upon request, the employee must provide the employing agency with certification by a responsible authority that the period of leave was actually used for such purpose.

 

Section 303.175  Disaster Service Leave With Pay

 

a)         Any employee, except those in temporary, emergency or per diem status, who is a certified disaster service volunteer of the American Red Cross or volunteers for assignment to the Illinois Emergency Management Agency 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 request of the American Red Cross or the Illinois Emergency Management Agency for employees to participate in specialized disaster relief services for the American Red Cross or for the Illinois Emergency Management Agency. Leaves under this Section are subject to approval of the employee's agency considering operating needs.

 

b)         Disasters must be either:

 

1)         disasters designated at a Level III and above in the American National Red Cross Regulations and Procedures; or

 

2)         any disaster declared by proclamation of the Governor under Section 7 of the Illinois Emergency Management Agency Act [5 ILCS 335/2].

 

c)         The American Red Cross and the Illinois Emergency Management Agency shall coordinate requests for services outside of Illinois through the Illinois State Emergency Operations Center.

 

(Source:  Amended at 36 Ill. Reg. 8661, effective May 30, 2012)

 

Section 303.176  Disaster Service Leave With Pay - Terrorist Attack

 

In order to provide needed volunteer assistance in response to the terrorist attack that occurred on September 11, 2001, any employee, excepting those in temporary, emergency or per diem status, may be granted leave with pay for up to 20 working days in any 12 month period if such leave is requested by the American Red Cross or the Illinois Emergency Management Agency and approved by the employee's agency.

 

(Source:  Added at 26 Ill. Reg. 1138, effective January 18, 2002)

 

Section 303.180  Attendance in Court

 

a)         Any permanent employee called for jury duty or subpoenaed by any legislative, judicial or administrative tribunal, shall be allowed time away from work with pay for such purposes.  Upon receiving the sum paid for jury service or witness fee, the employee shall submit the warrant, or its equivalent, to the agency 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 such call or subpoena on accrued time off and personal leave and retain the full amount received for such service.

 

b)         Emergency or temporary employees shall be allowed time off without pay for such purpose and shall be allowed to retain the reimbursement received therefor.

 

Section 303.190  Authorized Holidays

 

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

 

New Year's Day         

 

Martin Luther King Day        

 

Lincoln's Birthday     

 

Washington's Birthday          

 

Memorial Day

 

Independence Day     

 

Labor Day      

 

Columbus Day           

 

Veterans' Day

 

Thanksgiving Day     

 

Christmas Day

 

General Election Day

(on which Members of the House of Representatives are elected)   

 

 and any additional days proclaimed as holidays or non-working days by the Governor of the State of Illinois or by the President of the United States.

 

Section 303.200  Holiday Observance

 

Whenever an authorized holiday falls on Saturday, the preceding Friday shall be observed as the holiday and whenever an authorized holiday falls on Sunday, the following Monday shall be so observed.

 

Section 303.215  Payment for Holidays

 

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 agency's operating needs.

 

Section 303.220  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 vacation.

 

Section 303.225  Eligibility for Holiday Pay

 

To be eligible for holiday pay, the employee shall work the employee's last scheduled work day before the holiday and first scheduled work day after the holiday, unless absence on either or both of these work days is for good cause and approved by the operating agency.

 

Section 303.250  Vacation Eligibility

 

a)         Employees, except emergency and temporary employees, shall earn vacation time.  No employee on leave of absence may earn vacation except when the leave was for the purpose of accepting a temporary working assignment in another class.

 

b)         Eligible employee shall earn vacation time in accordance with the following schedule:

 

1)         From the date of hire until the completion of 5 years of continuous service:  10 workdays per year of employment.

 

2)         From the completion of 5 years of continuous service until the completion of 9 years of continuous service:  15 workdays per year of employment.

 

3)         From the completion of 9 years of continuous service until the completion of 14 years of continuous service:  17 workdays per year of employment.

 

4)         From the completion of 14 years of continuous service until the completion of 19 years of continuous service:  20 workdays per year of employment.

 

5)         From the completion of 19 years of continuous service until the completion of 25 years of continuous service:  22 workdays per year of employment.

 

6)         From the completion of 25 years of continuous service:  25 workdays per year of employment.

 

c)         Vacation time shall be earned in workdays and computed in hours.  After an employee's earned vacation time has been so computed, if there remains a fractional balance of ½ hour or less, the employee shall be deemed to have earned vacation time of ½ hour in lieu of the fractional balance. If there remains a fractional balance of more than ½ hour, the employee shall be deemed to have earned a full hour of vacation time in lieu of a fractional balance.

 

d)         Computation of vacation time 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.  This subsection (d) applies to vacation time earned on or after October 1, 1972.

 

(Source:  Amended at 36 Ill. Reg. 16200, effective November 1, 2012)

 

 

Section 303.260  Prorated Vacation for Part-Time Employees

 

Part-time employees shall earn vacation in accordance with the schedule set forth in Section 303.250 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.

 

Section 303.270  Vacation Schedule and Loss of Earned Vacation

 

a)         In establishing vacation schedules, the agency shall consider both the employee's preference and the operating needs of the agency.  In any event, upon request, vacation time must be scheduled so that it may be taken not later than 24 months after the expiration of the calendar year in which such vacation time was earned.  If an employee does not request and take accrued vacation within such 24 month period, vacation earned during such calendar year shall be lost.

 

b)         In any calendar year in which an employee is subject to one or more non-bargaining unit furlough programs and completes full participation as verified by the employing agency in all such programs to which the employee was subject, vacation time that would have been lost will instead be permitted to accumulate for an additional 12 months.

 

c)         Vacation time may be taken in increments of not less than ¼ hour after a minimum use of ½ hour any time after it is earned.  Employees subject to a non-bargaining unit furlough program may substitute accrued vacation time for furlough time in order to remain in paid status.  Utilization of accrued vacation time for furlough must be in ½ day or full day increments and must be in accordance with furlough program requirements.

 

(Source:  Amended at 35 Ill. Reg. 1587, effective January 14, 2011)

 

Section 303.290  Payment in Lieu of Vacation

 

a)         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 of such termination, an employee is entitled to be paid for any vacation earned but not taken or forfeited pursuant to Section 303.270, provided the employee has at least 6 months of continuous service since the latest date of appointment.  No other payment in lieu of vacation shall be made except as provided by Section 303.295.

 

b)         The payment provided in subsection (a) above shall not be deemed to extend the effective date of termination by the number of days represented by said payment.

 

c)         The payment provided in subsection (a) above shall be computed by multiplying the number of days (hours) of accumulated vacation by the employee's daily (hourly) rate as determined in accordance with 80 Ill. Adm. Code 310.520(a).

 

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

 

e)         The accrued leave amount shall be certified in writing to the employee by the employing agency. This certification may be held by the employee or forwarded to the Retirement System.

 

(Source:  Amended at 16 Ill. Reg. 8368, effective May 21, 1992)

 

Section 303.295  Vacation Benefits on Death of Employee

 

a)         Upon the death of a State employee, the person or persons specified in Section 14a of "An Act in relation to State Finance" (Ill. Rev. Stat. 1981, ch. 127, par. 150a), as amended, shall be entitled to receive from the appropriation for personal services theretofore available for payment of the employee's compensation such sum for any accrued vacation period to which the employee was entitled at the time of death.

 

b)         Such sum shall be computed by multiplying the employee's daily rate by the number of days of accrued vacation due.

SUBPART C: WORK HOURS AND SCHEDULES

 

Section 303.300  Work Schedules

 

Each operating agency shall establish its regular work schedule and submit it to the Department for approval.  No work schedules of less than 37½ hours per week shall be approved as a regular work week.  Any schedule varying from the regular work schedule shall be submitted to the Department for approval.  Upon approval, such schedule shall become the work schedule for the employees affected by it for the time period so approved.

 

Section 303.310  Emergency Shut-Down

 

a)         An agency may request an emergency shut-down of a facility when there occurs a disruption of work at the work site caused by a condition beyond the control of the agency, such as equipment failure, fire, flood, snow, tornado or other natural disaster, or interruption of essential services such as water or electricity.

 

b)         An emergency shut-down may not exceed five consecutive work days, and requires prior approval of the Director or may be directed by the Governor's Office. It is the responsibility of the requesting agency to notify affected employees of this action.  The agency shall 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 time of shut-down shall be reported in accordance with the prior approved absence.

 

(Source:  Amended at 23 Ill. Reg. 13815, effective November 4, 1999)

 

Section 303.320  Overtime

 

a)         For those positions approved by the Director and designated on lists maintained by the Director, authorized work in excess of an approved work schedule shall be overtime.  Such work may be compensated for in cash or compensatory time as determined by the agency provided such designation is in accordance with the Fair Labor Standards Act, as amended.  Overtime work shall be distributed as equitably as possible among qualified employees competent to perform the services required, when overtime is required, and employees shall be given as much advance notice as possible.  Except where required by law, time spent in travel shall not be considered overtime.

 

b)         Compensatory time, if any is earned hereunder, shall be scheduled at the convenience of the agency after consideration of the employee's preference, but within the fiscal year during which such time was earned.  If such compensatory time is not liquidated within the fiscal year during which earned, it shall be liquidated in cash at the end of the fiscal year.

 

Section 303.330  Overtime Payable Upon Death

 

Upon death of a State employee, the person or persons specified in Section 14a of "An Act in relation to State Finance" (Ill. Rev. Stat. 1981, ch. 127, par. 15a) as now or hereafter amended, shall be entitled to receive from the appropriation for personal services theretofore available for payment of the employee's compensation such sum for accrued overtime as would have been paid or allowed to such employee had the employee survived.

 

Section 303.340  Attendance Records

 

Each operating agency shall maintain accurate, daily attendance records.

 

Section 303.350  Notification of Absence

 

An employee shall, whenever possible, provide advance notice of absence from work.  Absence of an employee for five consecutive workdays without reporting to the operating agency may be cause for discharge.

 

Section 303.355  Review of Attendance Records

 

An employee shall have the right to review his/her attendance record on file in his/her operating agency.

SUBPART D: UNDATED OR INCOMPLETE FORMS

 

Section 303.360  Undated Forms

 

No supervisor or other person in a position of authority shall demand or request that an employee sign an undated resignation or any blank form. No employee shall be required to sign such a form.  Any such demand shall entitle the employee to immediate appeal to the Director.

 

Section 303.370  Incomplete Forms

 

Any information placed on a form or any modification or alteration of existing information made on a form subsequent to having been signed by an employee shall be null and void insofar as it may affect the employee, the employee's position or condition of employment.  Any employee required to sign any form prepared pursuant to these Rules shall be given a copy of it at the time the employee's signature is affixed.

 

Section 303.380  Reason for Separation

 

Employees resigning from state employment must set forth their reason(s) for resignation in writing.  The document effecting such resignation from state employment shall contain or have attached the reason for the separation.

 

(Source:  Added at 15 Ill. Reg. 14067, effective September 12, 1991)

 

Section 303.385  Repayment of Benefit Time

 

An employee who returns to employment in any capacity with the same agency within 30 days after termination of previous employment must, as a condition of employment, repay the 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 16 Ill. Reg. 8368, effective May 21, 1992)

SUBPART F: TUITION REIMBURSEMENT

 

Section 303.390  Tuition Reimbursement

 

a)         Tuition reimbursement is intended to serve as a management tool for the development of employees and for the attainment of agency goals.  It should be administered as a mechanism through which mutual advantages are gained by both the employee and the State.  Tuition reimbursement is not an unconditional or unilateral employee right or benefit.

 

b)         Each agency is responsible for providing budgetary funding for its tuition reimbursement program.  The policy administered pursuant to these rules is not intended to alter, replace or diminish the content or use of Federal Grant in Aid, agency sponsored stipend or educational leave of absence programs.  In administering this policy, other programs should be distinguished from tuition reimbursement programs and treated separately.

 

c)         Policy Guidelines.

            The following tuition reimbursement guidelines have been developed so as to provide maximum flexibility and a framework within which a decentralized, but uniform, policy can be administered.  These guidelines do not preclude agencies from imposing additional requirements or procedures with regard to tuition reimbursement in response to unique training requirements or budgetary restrictions.

 

1)         Eligibility:  Any full time employee is eligible for reimbursement consideration.  Employees hired on a temporary or emergency basis are not eligible for consideration.

 

2)         Tuition and Fees:  Reimbursement will apply only toward tuition and lab fees.  Additional costs such as for books, matriculation, activity and health fees will not be reimbursable expenses.

 

3)         Reimbursement:  Reimbursement is not to exceed 100% of tuition and lab costs at public institutions, and 80% at private institutions.  Agencies may establish an annual dollar cap per employee, depending upon funds available for the program.

 

4)         Satisfactory Course Completion:  Reimbursement for an approved course is contingent upon the employee submitting evidence of satisfactory completion (e.g., at least a grade of "C") together with receipts documenting the amount of tuition moneys paid.  Reimbursement will be accomplished by means of a standard invoice voucher.  At no time shall tuition be paid or reimbursed prior to completion of the course.

 

5)         Course Load:  Course load should be mutually agreed upon by the employee and his or her supervisor and should not harm an employee's on-the-job effectiveness.

 

6)         Course Scheduling:  Education and/or career development work should be scheduled as an off-duty activity.  When a desired course is not available as an off-duty activity, an employee may use vacation or personal time.  An employee and his or her supervisor may also arrange a flexible work schedule, provided such a schedule does not adversely affect work loads in his or her unit of assignment.

 

7)         Full Participation:  Priority should be given to those courses in which full participation is required on a regular basis and where final grades are issued since such conditions provide a reasonable basis against which satisfactory completion can be measured.  In those cases where facilities for full participation in classroom instruction are not available or where attendance creates undue hardship, an agency director may approve enrollment in V.A. approved correspondence courses.

 

8)         Degree Program:  Reimbursement may be approved for work-related courses which are taken to complete requirements for a grammar school certificate or high school diploma, and for courses that lead to the upgrading of skills for the performance of an employee's assigned work responsibilities.  Reimbursement may also be approved for work-related courses toward completion of college or graduate level degree programs.

 

9)         Enrollment:  Applicants will be required to gain approval from their supervisors and agency director (or authorized representative) prior to course enrollment.

 

10)       Aid From Other Source:  In applying for tuition reimbursement, an employee will indicate whether (s)he is or is not receiving aid from other sources (such as the G.I. bill, Federal Grants, Scholarships, etc.).  The fact that an employee is eligible for or receiving aid from another source does not render him or her ineligible for participation in the Tuition Reimbursement Program.  However, tuition reimbursement should be made only toward the balance between the outside aid awarded and the remaining tuition due.

 

11)       Exclusions:  Reimbursement is not intended to apply to in-service training conducted within the agency, nor is it intended to apply to workshops, professional conferences, seminars, or other short term programs.

 

d)         Work Commitment/Pay Back.  Employees receiving tuition reimbursement from the State shall incur a work commitment to the State.

 

1)         Except as provided in subsection (d)(6) below, if State-paid training did not lead to a post secondary degree, employees shall be obligated to continue in the employ of the State for a period of at least 18 months following completion of the most recent course.

 

2)         If State-paid training did lead to a post secondary degree (i.e., Bachelors, Masters or other higher level professional or post graduate degree) and the State paid for 50% or more of the hours required to earn the degree, employees shall be obligated to continue in the employ of the State for a minimum of four (4) years after receiving the degree.  Course work begun before January 1, 1992, shall not be counted as part of the 50% requirement under this Section.

 

3)         The tuition reimbursement agreement that is executed pursuant to this Section may require the employee to provide written status reports on his/her progress toward receiving a post secondary degree.

 

4)         If the employee voluntarily leaves State employment prior to fulfilling this work commitment, the agency that paid the tuition may recover payments in addition to interest at the rate of 1% per month from the time the State makes the payment until the time the State recovers the payment.

 

5)         The amount owed by an employee shall be reduced by 25% for each year the employee works for the State after the employee receives a post secondary degree, or by ¹/₁₈th of the gross amount for each month the employee works for the State after completing the most recent course which does not lead to a post secondary degree.

 

6)         This Section may not be used as the basis for recovering payments for course work that was started before January 1, 1992; was completed as a requirement for a grammar school certificate or a high school diploma; was to prepare for a high school level General Educational Development Test or to improve literacy or numeracy; specialized training in the form of a conference, seminar, workshop or similar arrangement offered by public or private organizations; was provided as part of the Upward Mobility Program administered by the Department of Central Management Services; or was a condition of continued employment.

 

(Source:  Added at 19 Ill. Reg. 8130, effective June 7, 1995)