TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.210 INTRODUCTION
Section 212.210 Introduction
a) General
1) Subject
This Part establishes the basic
policies governing the personnel in the Office of the State Board of Elections.
2) Equal
Employment
The Office of the State Board of
Elections does not discriminate with respect to recruitment, hiring, promotion,
renewal of employment, discharge, discipline, demotion, privileges or
conditions of employment against any individual on any unlawful basis,
including race, color, religion, sex, sexual orientation, age, marital status,
physical or mental disability, national origin, citizenship, political
affiliation, ancestry, military status or unfavorable discharge from military
service.
3) Scope
All payroll employees of the
Office of the State Board of Elections are subject to the provisions of this
Part.
b) Definitions
"Administrative
Services" means the Division of the Board responsible for accounting,
human services and facility services.
"Allocation" means the
distribution of duties within a job classification.
"Board" means the State
Board of Elections created by the Illinois Constitution.
"Certified Employee"
means an employee who has satisfactorily completed a required period of
probation and attained certified status in any position during the employee's
most recent period of continuous service with the Office.
"Certified Status" means
status achieved through the successful completion of a probationary period.
"Director" means a
designated head of an organizational unit as reflected in the organizational
chart of the Board, including the Executive Director.
"Disclosure Statement"
means an internal document that is a statement of outside employment that may cause
a potential conflict of interest in performing job duties for the Board.
"Executive Director"
means Executive Director of the State Board of Elections.
"Executive Employee"
means the General Counsel, Executive Director, and Assistant Executive Director
of the Board.
"General Counsel" means
the designated head of legal counsel as reflected in the organizational chart
of the Board.
"Immediate Family" means
spouse, parents, stepparents, children, stepchildren, siblings, grandparents,
grandchildren, same sex partners, and other persons abiding within the same
household eligible to be covered as dependents for health insurance or claimed
for income tax purposes.
"Office" means the Office
of the State Board of Elections.
"Organizational Unit"
means the unit to which an employee's position is assigned, as set forth in the
Board's organizational chart.
"Personnel Transaction"
means any transaction that affects an employee's salary, service date, title,
and/or position number change.
"Probationary Employee"
means an employee serving a probationary period after initial hiring from
outside the Office.
"Probationary Period"
means a period of at least six calendar months preceding receipt of notice of
certification and after initial hiring from outside the Office or at least four
months after appointment to a position within the Office in which the employee
has not previously been certified.
"Retirement System"
means the State Employees Retirement System.
"State Service" means
employment with those agencies, boards and /or commissions covered under the
State Employee Retirement System.
"Term Appointment" means
a term of four years to which a Director is appointed by the Board. At the
expiration of four years, the appointment automatically terminates unless
renewed by the Board.
"Trainee Appointment"
means the appointment of qualified employees to an established program of
supervised training and experience necessary for satisfactory performance in
technical or professional positions, which are, in the judgment of the Director
and Executive Director, difficult to fill with qualified employees.
(Source:
Amended at 46 Ill. Reg. 18866, effective November 3, 2022)
 | TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.214 POSITION CLASSIFICATION AND COMPENSATION
Section
212.214 Position Classification and Compensation
a) Position Classification
1) Organizational
Structure: The organizational structure of the Office shall be as established
by the Executive Director and maintained on file in the Office of Administrative
Services.
2) Positions
and Service: The establishment and abolition of positions and duties shall be
at the discretion of the Executive Director and the Board. All employees serve
at the discretion of the Board, subject to the employee rights established by
this Part.
3) Classification
Plan: The Director of Administrative Services shall maintain, and revise when
necessary, a uniform position classification plan for positions necessary to
carry out the duties of the Office. The classification plan shall be based on
the similarity of duties and responsibilities assigned so that the same
schedule of pay may be equitably applied to all positions within a
classification, under the same or substantially the same employment
conditions. Employees shall be classified by position and each position
classification shall be governed by a formal, written position description
approved by the Executive Director. Any change in salary or position
description shall be recorded as a personnel transaction.
4) Allocation:
It is the responsibility of each Director to report to the Executive Director
and the Director of Administrative Services any significant changes in the
duties of any position within the organizational unit. At a Director's request
and upon approval by the Executive Director and the Director of Administrative
Services, a survey, audit, or other investigation as may be deemed necessary by
the Director shall be made to determine the proper allocation of any position
to a classification. Upon written request of an employee to a Director and
upon approval of the Executive Director and the Director of Administrative
Services, the investigation by a Director shall be made to determine the proper
allocation of the employee's position. It shall be the responsibility of the
Director of the organizational unit in which the position is located to notify
the employee, the Executive Director and the Director of Administrative
Services of the determination concerning the proper allocation of the employee's
position.
5) Reconsideration:
A) Within
30 days after receiving notice of the determination concerning proper
allocation of a position, the employee may make a request in writing to the
Director for reconsideration of the determination. Thereafter, the Director
shall reinvestigate the duties and responsibilities of the position and, if
necessary, of related positions. The employee shall be given a reasonable
opportunity to be heard by the Director.
B) After
the re-investigation, the Director shall render a decision in writing and it
shall be served on the employee in person or by certified mail, return receipt
requested, at the employee's last address shown in the personnel file and to
the Executive Director and the Director of Administrative Services. The
effective date of the reconsidered decision shall be the effective date of the
allocation decision giving rise to the reconsideration request.
C) An
employee wishing to appeal the reconsidered decision shall be entitled to a
hearing by the Grievance Review Committee in accordance with the procedure
established in Section 212.270 of this Part.
6) Assignments
to Other Classifications: An employee whose position has been allocated to a
classification having a higher, lower, or same maximum permissible salary or rate
may remain in the position; provided, however, that the Executive Director
shall determine, in the case of allocation to a class having a higher maximum
salary or rate, whether, considering the nature of the change in duties, the employee
is qualified for the position.
7) Revised
Class Requirements: When requirements for a classification are revised and the
duties and responsibilities of positions comprising the classification remain
essentially unchanged, incumbents in these positions who qualified under
previous requirements for the classification shall be considered qualified.
b) Compensation Plan
1) Establishment
of Plan: The Executive Director shall establish and maintain on file in the
Office of Administrative Services a Pay Plan for all employees. The Pay Plan
shall designate a salary range for each position classification. The salary
for any particular position shall be fixed by the Executive Director within the
designated salary range and based, in his or her discretion, on the duties,
responsibilities and work requirements of that position as they relate to the
total duties, responsibilities and work requirements of the Office.
2) Provisions
of the Pay Plan:
A) The
Pay Plan shall provide for starting rates of pay, and the time and manner in
which subsequent changes of salary may be made. The rate each employee is to
be paid shall be set forth in appropriate documents contained within his or her
personnel file. The Pay Plan may also include other provisions not inconsistent
with law to assist in the administration of good personnel practices for the
Office.
B) The
Director or the Executive Director shall have discretion, subject to Board
approval, over whether to grant pay increases for any employee within his or her
organizational unit. Merit increases shall not be granted automatically for
time in service.
The Board shall have complete
discretion over whether to grant pay increases for Executive Employees and
Directors.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.218 APPLICATION AND APPOINTMENT
Section 212.218 Application and Appointment
a) Applications for
Employment
1) Notice:
Positions shall be advertised in both the Springfield office and the Chicago office by posting, unless the Executive Director directs otherwise. Other
recruitment methods may be used as deemed appropriate.
2) Submission
of Application:
A) Persons
seeking employment must submit an application, resume or other documents
demonstrating education and experience.
B) Employees
seeking positions within the Office must apply in writing to the Director of
the organizational unit in which the desired position is located. The Director
shall submit copies of applications received to the Executive Director and the
Director of Administrative Services.
3) Screening
of Applicants:
A) Interviews:
Directors or their designees are responsible for screening applications for
non-Executive Employee positions. Interviews may be conducted as part of the
screening process. Interviews shall be conducted by the Director of the
organizational unit, or their designee, the Director of Administrative Services
or their designee, and either the Human Resources Manager or another
appropriate staff person chosen by either the Executive Director or the
Director of Administrative Services. In any event, a minimum of two members of
the interview panel must have successfully completed the course for Rutan
certification.
B) Board
Conducted Interviews: The Board shall conduct interviews for the positions of
Executive Director, Assistant Executive Director, General Counsel and Director.
C) Examinations:
The Executive Director may require any applicants for any positions to take
examinations as a means to assess knowledge, skills and the ability to perform
the duties of the position.
4) Criteria
for Selection:
A) Selection
may be based on education, experience, interviews, references, and
examinations, if conducted. Other factors, such as experience within the
Office, may also be considered.
B) Pre-employment
screening of applicants may include, but is not limited to, background checks
and routine reference verifications.
C) If,
following the screening process, the Director desires to place an applicant in
a position, the Director shall submit their recommendation to the Executive
Director for final action, including the decision not to fill the position.
D) A
central file of all applicants who applied for or were considered for a
position, along with appropriate supporting material, shall be maintained in
the Office of Administrative Services for a minimum of three years (application
materials) or 10 years (interview and section materials) from the date the
position is filled or a decision to not fill the position is made.
b) Appointment
1) Notice
of Appointment: Upon approval of the Executive Director, the Director of
Administrative Services shall notify applicants in writing of their appointment
to a position. The notification shall state the position classification, work
location, starting salary, and beginning date of employment, all contained in a
conditions of employment agreement that shall be signed by all new appointees.
Appointments become effective upon the applicant's reporting for work at the
place and time designated in the notification.
2) Types
of Appointment: The following types of appointments may be made by the
Executive Director or a Director, subject to the concurrence of the Executive
Director.
A) Probationary
Employees: All appointments for newly hired employees shall be subject to the
employee's performance through two consecutive performance appraisals by the
Executive Director or a Director or their designee of approximately three
months each and receipt of notification that the employee has been certified in
the position to which appointed. At any time during this probationary period,
newly hired employees may be discharged without notice, cause or any right to
hearing.
B) Certified
Employees: Employees successfully completing a probationary period shall be
appointed to certified status. Appointment to certified status shall be
effective upon receipt of written notice from the Executive Director or their designee.
C) Temporary
Employees: Employees authorized by the Executive Director or a Director to
perform duties and responsibilities on a temporary basis shall receive
compensation at the designated rate of a temporary employment agency supplying
the worker or as agreed to by the employee and the Executive Director.
D) Acting
Status in a Non-Executive Employee Position: An employee assigned to acting
status for any position shall, at the Executive Director's or a Director's
discretion, be paid in accordance with the salary range allocated to the
position and the responsibilities incurred as a result of the acting
assignment; provided, however, that payment shall not be lower than the
employee's base salary immediately prior to the acting assignment. An employee
removed from acting status shall be returned to the same or a similar position to
the one held prior to the acting status appointment. The employee's salary
shall be not less than their salary at the time they were was appointed to the
acting status.
E) Acting
Status in an Executive Employee Position: An employee assigned to acting
status to an Executive Employee position classification shall only be appointed
by the Board and shall follow the procedures set forth in subsection
(b)(2)(D).
F) Trainee
Appointments: Employees appointed to a trainee position shall be promoted by
the Director of the employee's organizational unit, subject to the concurrence
of the Executive Director, to the permanent targeted title with no probationary
period only after successful completion of the training period, which shall be
a minimum of six months and shall not exceed 12 months. Employees appointed to
trainee positions may be discharged at any time prior to promotion without
rights to appeal.
3) Other
Appointments: The following types of appointments shall be made only by the
Board:
A) Executive
Employees: Executive Employees serve at the discretion of the Board and may be
discharged or demoted by the Board at any time without notice, cause or any
rights to a hearing.
B) Term
Appointments: Directors and other employees who are appointed for terms of no
longer than four years may be discharged at the end of their term without cause
or any rights to a hearing. Sixty days prior to the expiration of the term
appointment, the Director of Administrative Services shall serve a notice upon
the appointee either in person or by certified mail, return receipt requested,
at the employee's last address listed in the personnel file. This notice shall
also be given to the Chair of the Board and the Executive Director. The Chair
of the Board shall notify the employee at least 30 days prior to the expiration
of the term of the intention to renew or not renew the appointment.
c) Contractual Employees:
Contractual employees have no rights under this Part.
(Source: Amended at 46 Ill. Reg. 9993,
effective May 26, 2022)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.222 WORK SCHEDULE AND ATTENDANCE
Section
212.222 Work Schedule and Attendance
a) The
Executive Director shall establish and maintain on file in the Office of
Administrative Services a schedule of working hours for the Office.
b) The
Office of Administrative Services shall maintain daily attendance records for
all employees.
c) An
employee shall, whenever possible, provide advance notice of absence from
work. For those positions specified in the Pay Plan, any time away from
scheduled work hours that is not specifically authorized by a Director or his or
her designee in writing shall constitute cause for a deduction from pay.
Absence of an employee for five consecutive workdays without reporting to the
appropriate Director may be cause for discharge.
d) Employees
who do not have earned time off credited to their name, yet are absent from
work, shall be marked as unexcused and their pay shall be adjusted to reflect
the absence. More than three unexcused absences annually could result in
disciplinary action, up to and including discharge.
e) Emergency
Shut-Down:
1) The
Executive Director (or his or her designee) shall declare an emergency
shut-down of the Office when there occurs a disruption of the work at the
worksite caused by a condition beyond the control of the Office, such as
equipment failure, terrorist attack, fire, flood, snow, tornado or other
natural disaster, or interruption of services such as water or electricity.
The Executive Director may require certain employees to work during this period
to maintain essential services, to help restore services or for other necessary
purposes.
2) It
shall be the responsibility of the Executive Director (or his or her designee)
to notify affected employees of the emergency shut-down. Time in non-work
status is with pay. Those employees on approved sick leave or vacation at the
time of emergency shut-down shall be reimbursed for those days previously
approved.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.226 CONTINUOUS SERVICE
Section
212.226 Continuous Service
a) Definition:
1) Continuous
service is the uninterrupted period of service from the date of original
appointment to State service.
2) Employees
who have previous State service that qualified for earning of vacation benefits
shall be given credit for that service, as determined by the Office or as
required by law.
b) Interruptions
in Continuous Service:
1) Resignation;
provided, however, that continuous service shall not be interrupted by
resignation when an employee is employed in another position in State service
within four calendar days after resignation.
2) Discharge;
provided, however, that continuous service shall not be interrupted if the
employee is retained in the position after a hearing before the Grievance
Review Committee.
3) Termination;
if an employee has not been reemployed by the Office within one year after
layoff.
c) Deductions
from Continuous Service: Except as provided in subsection (f), the following
shall be deducted from, but shall not interrupt, continuous service:
1) Time
away from work for any leave of absence without pay totaling more than 30
calendar days in any 12-month period;
2) Time
away from work because of disciplinary suspensions totaling more than 30
calendar days in any 12-month period.
3) Time
away from work because of layoff.
d) Veteran's
Continuous Service: Leaves of absence shall be granted to all employees who
leave their positions and enter military service for four years or less
(exclusive of any additional service imposed pursuant to law). An employee
shall be restored to the same or similar position on making an application
within 90 days after separation from active duty or from hospitalization
continuing after discharge of not more than one year. The employee must
provide evidence of satisfactory completion of training and military service or
a qualified health care provider's statement when making application and be
qualified to perform duties of the position. Continuous service and
reemployment rights for veterans subject to federal law shall be as provided in
the Uniformed Services Employment and Reemployment Rights Act (38 USC
4301-4333).
e) Peace
Corps or Job Corps Enrollees Continuous Service: Any employee who volunteers
and is accepted for service in the overseas or domestic Peace Corps or Job
Corps shall be given a leave of absence from his or her State employment for
the duration of his or her initial period of service and be restored to the
same or similar position provided that the employee returns to employment
within 90 days after the termination of service or release from hospitalization
from a Peace Corps or Job Corps service connected disability.
f) Accrual
and Retention of Continuous Service During Certain Leaves: During an absence
for family and medical, educational, administrative, military, Peace Corps or
Job Corps, disaster service volunteer or service-connected disability leaves,
an employee shall retain and accrue continuous service, provided appropriate
application and return is made as required by this Part.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.230 PERSONNEL RECORDS AND PERFORMANCE REVIEWS
Section
212.230 Personnel Records and Performance Reviews
a) Personnel Records
1) A
personnel file shall be established for each employee upon entry into
employment and shall be maintained in the Division of Administrative Services.
When the following records are maintained, they must be maintained in the
personnel file:
A) Applications
for employment, letters of recommendation, resumes and school transcripts
B) Offers
and acceptances of employment
C) Employment
information cards
D) Personnel
transaction forms
E) Written
commendations and disciplinary actions
F) Annual
performance appraisals
2) Records
that are non-confidential are not made confidential because of their inclusion
in the personnel file.
3) An
employee is entitled to view his or her personnel file during working hours
with reasonable notice to the Director of Administrative Services or his or her
designee. These records may be inspected only in the presence of the Executive
Director or his or her designee or the Director of Administrative Services or
his or her designee. Certain records in the personnel file, in accordance with
the law, may be withheld from the employee's inspection. In addition,
personnel files may be viewed by those who exercise direct supervision over
that employee, members of the Board, the Executive Director, the Assistant
Executive Director, the Director of Administrative Services, the Agency Human
Resources Manager, and, to the extent legal advice is sought, attorneys in the
Division of the General Counsel. Other employees, only at the discretion of
the Executive Director, may view an employee's personnel file on a need to know
basis only.
4) An
employee shall be notified of any additions to or deletions from his or her personnel
file. If an employee disagrees with any information contained in the personnel
record, the employee may submit a written statement to the Director of
Administrative Services explaining his or her position for inclusion in
the employee's personnel file.
5) Performance
records shall constitute material in an employee's personnel file that is
relevant to determining the appropriateness of proposed or recommended personnel
transactions.
6) Performance
records shall be considered in all cases, unless excepted by this Part, of
promotion, demotion, discharge, layoff, reinstatement, merit salary increases
and certification. In considering any potential change in an employee's
current status, the employee's most recent performance records may be given
greater weight than the employee's earlier performance records.
b) Performance
Evaluations: Performance records of non-Executive Employees shall include an
evaluation of employee performance prepared at least annually on prescribed
forms. Executive employees shall be evaluated in the time and manner
prescribed by the Executive Director or the Board.
1) For
an employee serving a 6-month probationary period, two evaluations shall be
prepared by the Director and submitted to the Director of Administrative
Services or his or her designee, one at the end of the third month of the
employee's probationary period and another after the fifth month of the
probationary period.
2) For an
employee serving a 4-month probationary period as a result of a promotion, one
evaluation shall be prepared by the Director and submitted to the Director of
Administrative Services or his or her designee, after the third month of the
probationary period.
3) Additional
performance evaluations of individual employees may be conducted by the
Executive Director or a Director as deemed necessary.
4) Performance
evaluations shall be conducted by the Director of the employee's organizational
unit or the employee's direct supervisor. The Executive Director shall conduct
performance evaluations for Directors and Executive Employees.
5) Employees
shall be required to sign all evaluation forms to indicate they have read the
evaluation and it has been discussed with them by the Executive Director or the
Director, whichever is appropriate.
(Source: Amended at 42 Ill. Reg. 5024,
effective February 28, 2018)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.234 PROBATIONARY STATUS
Section
212.234 Probationary Status
a) Probationary
Period:
1) A
probationary period of approximately six months shall be served by a full-time
employee who is newly hired from outside the Office.
2) A
probationary period of approximately four months shall be served by a full-time
employee who is promoted. A probationary employee transferred during the
probationary period shall serve that portion of the probationary period that
was not completed at the time of the transfer. Trainee appointments promoted
to the target title after successful completion of the trainee period shall not
be subject to a probationary period.
3) If an
employee is absent from work for more than 15 calendar days during the probationary
period, the probationary period shall be extended by the length of the absence.
4) Probationary
employees who have not attained certified status shall have no right to
grievance procedures with regard to termination, demotion or other employment
action.
b) Certified
Status: A probationary employee shall attain certified status only after
successful completion of a probationary period and receipt of notice of
certification from the Executive Director or his or her designee.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.238 PROMOTION
Section
212.238 Promotion
a) Definition:
A promotion is the appointment by a Director or the Executive Director of an
employee to a position in a classification with a higher maximum permissible
salary than the former classification. The promotion of an employee by a
Director shall be subject to approval of the Executive Director.
b) Promotions
from Within: If an outside applicant and an internal applicant are equally
qualified for a position, the employee of the Office may be given preference.
c) Salary
Increases Resulting from Promotion: Upon promotion, the salary of an employee
shall be as provided in the Pay Plan.
d) Failure
to Complete Probationary Period:
1) A
promoted, previously certified employee who fails to satisfactorily complete
the probationary period in the promoted position because of inability to
perform the duties and responsibilities of the promoted position shall be
returned to a position in the classification from which promoted without the
appeal rights specified in Section 212.270 of this Part.
2) A
promoted employee who has been previously certified in any position within the
Office may be discharged during the probationary period and, in this event, the
employee has the same rights to appeal as a certified employee.
3) No
probationary employee shall be promoted unless the employee has previously held
certified status during the current period of continuous service.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.242 EMPLOYEE TRANSFER
Section
212.242 Employee Transfer
a) Definition:
A transfer is the assignment of an employee to a position whose classification
has the same maximum permissible salary as the former classification.
b) Intra-Agency
Transfer: An employee may be transferred to a position involving similar
qualifications, duties, responsibilities, and salary range in another division,
section, or other unit within the Office. Transfers may be made by the
Executive Director as he or she deems necessary or desirable, in his or her sole
discretion.
c) Inter-Agency Transfer: An employee may be
transferred to a position in the same class, or to a position involving similar
qualifications, duties, responsibilities and salary range in another agency of
the State of Illinois, with the approval of the other agency and the Office,
the Executive Director and/or a Director, and with the consent of the employee.
For the purposes of this Section, however, an employee who has laterally
transferred from another State agency with less than one year service in the
Office shall not be awarded a promotion within the Office unless there are no
eligible and qualified candidates with more than one year's service with the
Office.
d) Geographical
Transfer: Geographical transfer is the transfer of an employee, for the
convenience of the employer, between the Chicago and Springfield offices for
the performance of duties other than temporary assignments or details. An
employee who refuses to accept a geographical transfer must report for duty at
the new location on the designated date but may make a written appeal of the
transfer to the Grievance Review Committee in accordance with the procedures
established in Section 212.270 of this Part. An employee shall be reimbursed
for all reasonable transportation and moving expenses incurred in moving to a
new location because of a permanent geographical transfer with prior approval
from the Executive Director, unless the transfer was requested by the employee.
e) Rights
of Transferred Employees: A transferred employee shall retain status,
continuous service, and all accrued benefits.
f) Transfer
of Duties: When the duties of a position are relocated by transfer or by
abolition and reestablishment and when the duties are substantially the same as
the employee's current position classification, an incumbent employee may elect
to relocate and retain the duties of the position. Expenses incurred for
transportation and moving expenses are not subject to reimbursement.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.246 DEMOTION
Section
212.246 Demotion
a) Definition:
1) Demotion
is the assignment of an employee to a position in a classification having a
lower maximum permissible salary than the former classification, made for
reasons of inability of the employee to perform the work of the position from
which the demotion was made or due to the restructuring of duties and
responsibilities within the organizational unit.
2) A
Director may initiate demotion of an employee by submitting to the Executive
Director and the Director of Administrative Services a written statement of
reasons for demotion containing sufficient facts to show good cause for the
demotion. No demotion shall become effective until prior approval of the
Executive Director and written notice is served upon the employee.
b) Notice
to Employee: If the statement of reasons for demotion of a certified employee
is approved by the Executive Director, a copy of the approved statement of
reasons for demotion shall be served on the employee in person or by certified
mail, return receipt requested, at the employee's last address appearing in the
personnel file.
c) Employee
Obligations: Upon receipt of the approved statement of reasons for demotion or
upon the effective date of demotion, whichever is later, the employee shall
leave the position in which assigned prior to receipt of the notice of demotion
and report to work to the position to which demoted. An employee's report for
work to the position to which demoted shall be without waiving any right to appeal
under subsection (e).
d) Salary
and Other Benefits of Employee: Upon receipt by the employee of the approved
statement of reasons for demotion, or on the effective date of the demotion,
whichever is later, all salaries and benefits of the employee in the position
in which assigned prior to receipt of the reasons shall be adjusted to reflect
the demotion. An employee assigned to a demotion due to a restructuring of
duties and responsibilities within the organizational unit as defined in
subsection (a)(1), upon receipt of the approved statement of demotion, or on
the effective date of the demotion, whichever is later, shall continue at the
same rate of pay of the position in which assigned prior to the receipt of
notice of demotion for a period of six months. After six months in the demoted
position, the employee's salary shall be adjusted to the appropriate rate of
the demotion.
e) Appeal
by Certified Employee: An employee who is certified in the position from which
demoted may appeal the demotion to the Grievance Review Committee by submitting
a request in writing to the Director within 15 calendar days after receipt of
the approved statement of reasons for demotion. No later than 10 working days
prior to the hearing, the employee shall submit a written statement setting
forth his or her position to the Grievance Review Committee, unless the time is
extended in writing by the Chair of the Grievance Review Committee.
f) Demotion
of Other Employees: The Executive Director may approve the demotion of probationary
employees. Notice of demotion shall be served on the employee in person or by
certified mail, return receipt requested, at the employee's last address
appearing in the personnel file. The demotion of probationary employees is not
subject to appeal.
g) Status
of Demoted Employees: A demoted employee shall serve a probationary period in
the position to which demoted unless the employee previously held certified
status in that classification, in which case the demotion shall be to certified
status in the demoted classification.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.250 LAYOFF
Section
212.250 Layoff
a) Layoff Procedure
1) A
Director may request the layoff of an employee because of lack of funds,
material change in duties or organization, reduced workload or lack of work, or
the abolition of the employee's position. Based on classification, division or
other designation, the order of layoffs shall be within organizational units
justified by operations.
2) A
proposed layoff plan prepared by the Director of Administrative Services is
subject to the Executive Director's and the Board's approval before becoming
effective and shall include the following:
A) A list
of all employees in the organizational unit in classifications affected by the
layoff plan, showing status and total continuous service for each employee;
B) A list
of those employees to be laid off;
C) Performance
records of all employees affected by the layoff plan; and
D) An
explanation of the organizational unit selected, reflecting division,
geographical, operational, and other elements deemed relevant by the Director.
b) Order of Layoff
1) No
certified employee may be laid off until all newly-hired probationary employees
in the same position classification, work location and organizational unit are
terminated.
2) In
accordance with the layoff plan submitted under subsection (a), consideration
shall be given to performance records and continuous service.
c) Effective
Date of Layoff: Unless extraordinary operating conditions or events are
specified in the proposed layoff plan, no layoff shall be effective until 10
working days after the Executive Director's and the Board's approval of the
layoff plan.
d) Layoff
Rights: For a period of six months following the effective date of his or her
layoff, a laid off employee shall be notified of any vacancy in the position
classification, work location and organizational unit held by the employee at
the time of layoff and be given an opportunity to apply for that vacancy.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.254 VOLUNTARY REDUCTION
Section
212.254 Voluntary Reduction
a) Voluntary
Reduction of Certified and Probationary Employees: Certified and probationary
employees may voluntarily request or accept assignment to a vacant position in
the same organizational unit in a classification having a lower maximum
permissible salary. All requests for or acceptances of the voluntary
reductions shall be in writing and signed by the employee and be directed to
the Director of the organizational unit in which the vacancy exists. No
reduction shall become effective without the written approval of the Executive
Director and upon delivery to the employee. A certified employee who is
assigned and accepts a voluntary reduction shall be certified in the lower
classification without serving a probationary period.
b) Certified
employees who are subject to layoff shall be advised by the Director of
Administrative Services by written notice of the opportunity to request a
voluntary reduction. Requests for voluntary reduction must be received prior
to the proposed effective date of layoff.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.258 RESIGNATION AND REINSTATEMENT
Section
212.258 Resignation and Reinstatement
a) Resignation:
An employee who voluntarily leaves his or her position of employment with the
Office shall, except in emergency circumstances approved by the Executive
Director, give advance notice of intent not less than 10 working days before
the effective date of the resignation. Once an employee submits a resignation,
the resignation shall not be revoked unless the revocation is requested by the
employee and the revocation is approved by the Executive Director. Resignation
in good standing means that the employee gave the required notice, or that
emergency circumstances justified failure to do so, and that the employee's
conduct and work performance were satisfactory at the effective date of the
resignation.
b) Reinstatement:
On request of an employee and a Director, the Executive Director shall respond
within 30 days after receipt of the request. At his or her discretion, the
Executive Director may reinstate an employee who was formerly certified and who
resigned or was terminated in good standing or whose position was reallocated
downward or who was laterally transferred. The reinstatement may be to a
position in the classification to which the employee was assigned prior to
resignation, termination, downward allocation, lateral transfer, or layoff or
to an equivalent or lower position in a related classification. If deemed
necessary by the Executive Director, a reinstated employee may be required to
serve a 6-month probationary period in the position to which reinstated.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.262 EMPLOYEE CONDUCT
Section 212.262 Employee Conduct
a) Standards
of Conduct
Employees of the Office shall obey
the rules of conduct of this Office and shall be aware that the absence of a
specified published rule of conduct covering an act tending to discredit an employee,
this Office or the State of Illinois does not mean that act is condoned or
permissible or would not call for, and result in, disciplinary action. Any act
of violence or threat of violence in the workplace, especially resulting in
bodily harm or intent to commit bodily harm to another person, may be cause for
immediate discharge.
b) Conflicts of Interest
1) General
Provisions
No employee shall violate any law,
rule, regulation, policy or standard concerning conflicts of interest nor shall
any employee engage in any conduct in which the employee's private interests or
involvements are, or may reasonably be construed to be, in conflict with or
detrimental to the objective performance of his or her official duties and
responsibilities.
2) Disclosure
Statements
A) The
purpose of the Disclosure Statement required by this subsection is to aid the
Executive Director in maintaining the objectivity and impartiality of the
conduct of the activities of the Office and, where a potential conflict is
unavoidable, to provide for the full disclosure of the facts and circumstances
involved.
B) Disclosure
Statements shall be confidential. The Office of Administrative Services shall
be responsible for the safekeeping of Disclosure Statements. The Executive
Director, Assistant Executive Director, General Counsel, the Board and the
Director of Administrative Services may review the Disclosure Statements.
C) The
Executive Director and Director of Administrative Services shall review all
Disclosure Statements. If a potential conflict of interest is found, the
statements shall be submitted to the Board for review and response.
D) Each
employee shall file a Disclosure Statement with the Division of Administrative
Services immediately upon employment and shall re-file statements by May 1
annually thereafter indicating all involvements or relationships that could
affect the employee's performance of his or her official duties. Employees
shall be under a continuing duty to advise the Director of Administrative Services
or his or her designee promptly in writing of any change that would affect an
answer given on their current Disclosure Statements or that might affect the
objective or efficient performance of their duties.
E) Statement
of Economic Interests: Certain employees are required to file a Statement of
Economic Interests as provided in the Illinois Governmental Ethics Act [5 ILCS
420/4A-101]. The Ethics Officer shall review completed statements prior to
their being filed with the Secretary of State's Index Department.
c) Political Activities
1) Participation in
Political Activities
No employee may participate in
political activities, with the exception of voting, while in the employment of
the State Board of Elections, pursuant to the Election Code [10 ILCS 5/1A-13].
2) Prohibited Activity
Employees shall not, at any time,
use, threaten to use or offer to use the influence or authority of their
position to coerce or to persuade any person to follow any course of political
action or to make any contribution to a political cause.
d) Official Conduct
1) Criticism of Agencies
No employee shall make use of any
information gained in the course of employment with the Office to publicly
criticize any State, local, or private agency, such as confidential information
obtained during the course of employment with the Office, such as information
contained in the record of a closed preliminary hearing.
2) Handling Antagonism or
Refusals
When an employee is faced with a
situation in which a co-worker or any outside source appears hostile or
antagonistic or refuses to release information or documentation relevant to the
operation of the Office, unless the requested information is deemed privileged,
the employee shall report the fact to his or her supervisor. Employees shall
at no time threaten or coerce any person.
3) Self-disqualification
from Certain Assignments
When an employee receives an
assignment involving a person acting as a representative for any public or
private agency or involving the entity itself with whom he or she has had
business or other relationships of a nature that might impair, or give the
appearance of impairing, the employee's impartiality or independence, the
employee shall discuss with his or her supervisor the possible need to have the
matter reassigned.
4) Use of Identification
Credentials issued to employees
are for use only in establishing identity or authority in connection with
official duties. An employee shall not allow the use of his or her credentials
by any other person.
e) Use of State Time,
Position and Property
1) Personal Use Prohibited
An employee is forbidden to use
State time, position or property for personal purposes.
2) Protection of Property
An employee has a responsibility
to protect and conserve all State property.
3) Liability
for Damage or Loss
An employee may be held
financially liable for damage or loss of State property resulting from his or
her negligent, willful or wanton acts or omissions. Costs for damage to or
loss of State property may be deducted from the responsible employee's pay.
4) Reporting Loss or
Damage
An employee shall promptly report
any loss, theft, or damage to State property or documents in his or her custody
to the Director.
5) Return of Equipment
Upon leaving his or her position
with the Office, the employee shall return to the Director of his
organizational unit all property and credentials assigned to him or her. The
Director shall assess the condition of property at the time of its return to
assure all equipment is fully operational. At its option, the Office may
withhold an employee's final paycheck pending return of State property and
credentials assigned to or in the possession of that employee or deduct the
value of any property from the departing employee's final paycheck.
f) Disclosure of Official
or Confidential Information
1) Testifying
and Responding to Subpoenas
When requested or subpoenaed to
testify or produce documentation pertaining to confidential information before
an executive or legislative commission, a court of law or an administrative
tribunal, an employee shall notify the Executive Director and the General
Counsel prior to giving the testimony or producing the documentation.
2) Engagements
to Speak or Write
A) No
employee may accept invitations for public addresses or submit articles for
publication that concern the official activities of the Office without
obtaining the prior approval of the Director of his or her organizational unit
or, in the case of Executive Employees, the Executive Director.
B) An
employee may not accept compensation, or permit his or her expenses to be paid
by sources other than the State of Illinois, for speaking engagements or
writings performed as official duties, except with the prior written approval
of the Executive Director.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.266 DISCIPLINE AND DISCHARGE
Section 212.266 Discipline and Discharge
a) Termination
at the Discretion of the Executive Director: Probationary employees who have
not obtained certified status and Executive Employees in the Office may be
terminated at any time without notice, cause or any right to a hearing, upon
the recommendation of the Director of the employee's organizational unit, at
the discretion of the Board and/or the Executive Director. Probationary
employees who have not obtained certified status in the Office do not have any
right to progressive corrective discipline procedures, as set forth in this
Section.
b) Progressive Corrective
Discipline:
1) Unless
grounds clearly are present warranting immediate discharge or suspension
pending decision on discharge, employees shall be subject to corrective
discipline progressively applied utilizing counseling, warnings, and/or
suspensions as the facts and circumstances dictate, prior to discharge. If an
employee's work or work-related conduct remains unacceptable after the
application of progressive corrective discipline, the employee may be
discharged in accordance with this Part. This subsection does not apply to
employees subject to subsection (a).
2) Grounds
warranting immediate discharge or suspension pending decision on discharge
shall include, but are not limited to, violence within the workplace resulting
in harm to another person, flagrant insubordination, or threat of violence
causing imminent fear of physical harm.
c) Discipline
– Written Warnings: A Director or his or her designee may warn an employee
either orally or in writing as a disciplinary measure. A copy of any written
warning shall be signed by the appropriate Director and placed in the
employee's personnel file. A copy of the written warning shall be delivered
within three working days after the warning in person or sent by certified
mail, return receipt requested, to the last address of the employee appearing
in the personnel file. An employee shall have the right to respond to the
warning in writing within 10 calendar days after its receipt and any response
shall be included in the employee's personnel file.
d) Suspension:
1) A
Director or the Executive Director may suspend an employee without pay for up
to 30 working days in any 12-month period. A longer suspension may be approved
by the Executive Director. The Director or the Executive Director shall
provide the employee with written reasons for the suspension in person or sent
by certified mail, return receipt requested, to the last address of the
employee appearing in the personnel file. The written charges shall be signed
by the Director or the Executive Director and contain a clear and concise
statement of facts showing cause for the suspension. One copy of the notice of
suspension shall be placed in the employee's personnel file and one copy shall
be delivered to the Director of Administrative Services. Unless delay will
result in clear harm or damage to a division, the employee shall be informed in
writing of the proposed suspension and the accompanying reasons, at least four
working days prior to the effective date of the suspension. The employee shall
have two working days after being informed of the proposed suspension within
which to deliver to the Director or the Executive Director written rebuttal to
the reasons given for the suspension. A decision not to suspend the employee
shall be rendered in writing before the proposed suspension date by the
Director or the Executive Director. In the Executive Director's absence, his or
her designee shall render a decision.
2) The
Executive Director shall have final approval on the decision to suspend or not
to suspend an employee, unless the employee to be suspended is a Director. If
the employee is a Director, the Executive Director shall follow the procedure
in subsection (d)(1) and notify the Board of the intention to suspend. The
Board shall have final approval on the decision to suspend or not to suspend a
Director.
e) Discharge of Certified
Employee:
1) Cause
for Discharge: The Director of an employee's organizational unit, with the
concurrence of the Executive Director, shall determine if there is cause for
discharge consisting of some substantial shortcoming supported by disciplinary
documentation that renders the continuance of an employee of the Office in some
way detrimental to the discipline and/or efficiency of the Office and that the
law or sound public policy recognizes as good cause for the employee to no
longer being held in that position.
2) Pre-Termination
Notification and Procedures: Before charges for discharge may be brought
against any certified, non-Executive Employee, the employee shall be apprised
of the basis for this action by the Director and the Executive Director and
provided with an opportunity to respond to the charges in accordance with the
following standards:
A) The
employee shall be notified in writing by the Director and the Executive
Director of the intended discharge.
B) A
statement of charges in support of the proposed action, full and complete to
the Office's knowledge at the time it is drawn, shall be given to the employee,
including the name of any known witness and a copy of any document pertinent to
the charges.
C) The
employee shall have five working days after receipt of the charges in which to
respond to them orally or in writing.
D) The
Director and the Executive Director shall receive the response of the employee,
whether it is oral or written.
E) The
employee is entitled to be present and may be accompanied by a representative
of his or her choice in any meeting. Only other persons as the Executive
Director deems necessary shall be entitled to attend the meeting.
F) The
employee, pending the response, may not necessarily be permitted to work or to
be present at the Office.
G) The
employee or the employee's representative shall be permitted access to a
designated, secure area of the work place to investigate the charges and, upon
request, be provided a copy of other pertinent documents. The documents may be
inspected only in the presence of an authorized employee as designated by the
Executive Director.
H) The
employee or the employee's representative shall be given the opportunity to
interview witnesses prior to the Pre-Termination Meeting.
I) The
failure of the employee to respond to the charges within the time limits
mentioned in subsection (e)(2)(C), shall not bar the Office from proceeding
with the discharge.
J) When
the investigation of the charges causes them to be altered in fact, form,
context, or reference from those given the employee at the time the notice was
issued and for which the employee has not had an opportunity to respond, a
second notice and opportunity for response shall be given to the employee
within five working days. Employees shall be given the opportunity to respond
to the notice within five working days.
3) Suspension
Pending Decision on Discharge: The Executive Director may suspend any employee
for up to 30 working days pending the decision on whether charges for discharge
shall be approved against the employee. The Executive Director shall, at the
time of this suspension, provide the employee with written reasons for the
suspension in person or by certified mail, return receipt requested, at the
employee's last address appearing in the employee's personnel file. The
Executive Director shall promptly investigate the facts and circumstances and
render a decision. Should the Executive Director determine that the facts and
circumstances do not warrant disciplinary suspension or charges for discharge,
the employee shall be made whole pursuant to subsection (i). Should the
Executive Director determine that discharge of the employee is appropriate,
subsection (e)(4) shall apply in its entirety.
4) Discharge
of Certified Employee: The Executive Director or his or her designee may,
after compliance with subsection (e)(2), initiate discharge of a certified
employee by filing signed written charges for discharge. Written charges shall
contain a clear and concise statement of facts showing good cause for
discharge, and shall be accompanied by a copy of the employee's evaluations.
The final notice of discharge shall contain a statement that the response of
the certified employee has been considered before a final decision was made, or
that no response was submitted. Notice of approved charges for discharge shall
be served on the employee, in person or by certified mail, return receipt
requested, at the employee's last address appearing in the personnel file.
f) Discharge
of Probationary Employee: Upon recommendation of the Director of the
employee's organizational unit, the Executive Director may approve the
discharge or suspension of a probationary employee who has not attained
certified status in the Office. Written notice of discharge or suspension
shall be delivered to the employee in person or by certified mail, return
receipt requested, at the employee's last address appearing in the personnel
file.
g) Employee
Obligations: Upon receipt by the employee of any disciplinary suspension or
charges for discharge, the employee shall immediately leave the place of
employment and return to the Director of his or her organizational unit any
State Board of Elections identification and keys. The Office shall withhold
the employee's final paycheck or take other action to insure compliance.
h) Hearing
– Certified Employees: Certified employees who have been served with approved
charges for suspension or discharge may appeal to the Grievance Review
Committee by submitting a request for hearing in writing within 15 calendar
days after receipt of the approved charges for suspension or discharge. No
later than 10 working days prior to the hearing, the employee shall submit a
written statement to the Executive Director setting forth his or her position,
unless the time is extended in writing by the Executive Director.
i) Reinstatement
from Suspension or Discharge: An employee reinstated for the period for which
he or she was suspended or discharged shall receive full compensation for that
period if subsequent investigation results in reversal of the charges. Full
compensation shall mean compensation the suspended or discharged employee would
have earned in the position during the period of suspension or discharge less
any amounts earned by the employee from any other source and any unemployment
compensation payments received during that period.
j) Suspension/Discharge
Resulting from Arrest or Criminal Indictment:
1) The
arrest or criminal indictment of any employee shall not necessarily result in
immediate grounds for suspension or discharge. The facts resulting in either
an arrest or criminal indictment may be grounds for suspension or discharge if
they meet one or more of the following criteria:
A) resulted
from an employee's conduct in the course of employment duties, including
failure to perform these duties; or
B) occurred
on or proximate to Office premises and as a result of the employee's conduct on
those premises; or
C) raises
reasonable doubt concerning the employee's suitability for continued Office
employment in the present assignment or position.
2) If an
employee is not subject to suspension or discharge under this subsection (j),
upon recommendation of the Director of the employee's organizational unit, the
Executive Director may, depending upon the needs of the Office, at the request
of the employee, place the employee on indefinite leave status, without pay,
pending a final court determination of the charges.
k) When
the Executive Director is the Director of an employee's organizational unit,
the Executive Director may perform any actions provided for in this Section
relative to the employee without any required recommendation of any other
Director.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.270 GRIEVANCE PROCEDURE
Section
212.270 Grievance Procedure
a) Grievance:
Any certified employee, unless otherwise excepted by this Part, may file a
grievance as to the application of this Part or any policy arising under this
Part as to the impact of the application upon his or her employment condition or
his or her status. The existence of a grievance procedure is not intended to
discourage the informal resolution of complaints. The Office intends this
procedure to be used infrequently and only for major matters.
b) Grievance
Procedure – Limitation: The rules of the Office and the official policy
arising under those rules are not subject to grievance. The following are not
subject to the grievance process: the discipline, demotion or discharge of executive
employees and probationary employees who have not obtained certified status in
the Office; the demotion of a certified employee from a position in which he or
she is serving a probationary period; layoff; and appointment, discharge,
reinstatement, and intra-agency transfers of employees.
c) An
employee shall be allowed reasonable time with pay during working hours for the
presentation of a grievance, provided that the employee has obtained permission
from his or her Director, the employee is currently in active status on
payroll, and the employee's absence will not interfere with agency operations.
d) Grievance
Procedure – Abandonment – Extension:
1) Failure
of either the grievant or the Grievance Review Committee to comply with the
form or time requirements of the grievance procedure shall resolve the matter
in favor of the other. The parties may mutually extend the time limits in
writing at any level of the procedure. However, whenever the last day of a
specified time requirement falls on a day on which the Office is closed for
regular business, that time requirement shall automatically be extended to the
next day on which the Office is open for regular business.
2) An
employee's failure to advance a grievance to the next level of this procedure
within specified time limits shall mean that the employee has withdrawn the
grievance or, if the employee so indicated, accepted the last answer given in
the grievance procedure.
e) Grievance
Procedure – Steps:
1) Step
1: A grievant shall submit the grievance to the appropriate Director in
writing, including the requested resolution to the grievance. The Director
shall note the date and time upon receipt of the grievance and shall, within
five working days after the grievance is filed, issue a written decision and
serve a copy of the decision in person upon the grievant and place a copy of
the decision in the employee's personnel file.
2) Step
2: If the grievance is not satisfactorily resolved or no answer is given
within the time limit set forth in Step 1, the grievant may submit, within 10 calendar
days from the date the Director's decision was due, to the Executive Director a
copy of the written statement of grievance submitted in Step 1, along with a
request for a grievance hearing.
f) Grievance
Review Committee:
1) The
Executive Director or Assistant Executive Director shall appoint a Chair. The
Chair, no later than five working days following receipt of an employee's
request for a grievance hearing, shall appoint a Grievance Review Committee.
The Committee shall consist of three members. The Director or the immediate
supervisor of the grievant shall not be appointed to the Committee. If the
Chair is a party to the grievance or is unavailable, the Executive Director
shall designate another committee member to chair the Grievance Review
Committee.
2) Immediately
upon appointment of the Committee, the Chair shall designate the location, time
and date for hearing, which shall be no later than 20 working days after
receipt of the employee's request for a grievance hearing. The grievant shall
promptly be notified in person or by certified mail, return receipt requested,
of the time, date and place of the hearing.
3) The
grievant and others who have knowledge of the relevant facts shall have an
opportunity to present evidence in person or by written statement, after which
the Committee shall meet privately to reach a recommendation. The Chair may
require that testimony be given under oath or by sworn affidavit and may be
recorded by an audio recording device. In the event the testimony is recorded
by an audio recording device, the recording shall be retained in the office of
the Director of Administrative Services for a period of three years.
4) The
members of the Committee shall reduce to writing their recommendations as to
the disposition of the grievance and submit them to the Executive Director
within five working days following the hearing. A dissenting member of the
Committee may make separate recommendations. All recommendations will bear the
signatures of the concurring Committee members. Upon receipt of the
recommendations from a Grievance Review Committee, the Executive Director, or
his or her designee, shall approve, disapprove or modify the Committee
recommendations, render a decision in writing within five working days, and
cause a copy of the decision to be served upon the parties. The Executive
Director's decision shall be final as to the grievant.
5) The
written statement of the employee's grievance, the recommendations of the Grievance
Review Committee, and the decision of the Executive Director shall be made part
of the grievant's personnel file.
6) The
Executive Director, for good cause, may extend any deadline set forth in this
subsection (f).
g) Representation:
The grievant is entitled to be present and may be accompanied by a
representative of his or her choice at the hearing. Only those persons the
Chair deems advisable shall be entitled to attend the hearing.
(Source: Amended at 36 Ill.
Reg. 16785, effective November 16, 2012)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.274 SICK LEAVE
Section
212.274 Sick Leave
a) Accrual:
Full-time employees shall earn sick leave at the rate of one day for each
calendar month's service. Temporary employees do not earn sick leave. No
employee shall accrue sick leave while remaining on the payroll to collect
accrued vacation prior to the effective date of termination.
b) Use:
Sick leave may be used in quarter hour up to full day increments for illness,
disability or injury of the employee, appointments with doctors, dentists or
other professional medical practitioners, and in the event of serious illness,
disability, injury or death of an immediate family member of the employee.
Documentation to substantiate that leave days were used for the purposes stated
may be required by the Director if reasonable grounds to suspect abuse exist.
In the event an employee does not use any sick leave in any calendar year, the
employee shall be awarded one additional personal day on January 1 of the next
calendar year after one year of service. A calendar year for the purposes of
this provision is the period beginning January 1 and ending December 31 of each
year. The additional personal leave shall be used in accordance with Section
212.282.
c) Accumulation:
Employees shall be allowed to carry over any unused sick leave allowed under
subsection (a), from year to year of continuous service.
d) Payment in lieu of Sick
Leave:
1) Upon
termination of employment for any reason, or upon indeterminate layoff, an
employee or the employee's estate is entitled to be paid for unused sick leave that
accrued on or after January 1, 1984 and prior to January
1, 1998, provided the employee is not employed in another position in State
service within four calendar days after the termination.
2) Use
of Sick Leave
A) For
purposes of this subsection (d), sick leave is deemed to be used by an employee
within the following priority order:
i) Sick
leave earned through December 31, 1983.
ii) Sick
leave earned on or after January 1, 1998.
iii) Sick
leave earned on or after January 1, 1984 and prior to January 1, 1998.
B) The
first earned sick leave shall be the first utilized within each category.
3) In
order to determine the amount of sick leave to be paid upon termination of
employment, the Office shall:
A) compute
the number of sick leave days granted to the employee between January
1, 1984 and December 31, 1997;
B) compute
the employee's sick leave balance for that time period at time of termination;
and
C) cause
lump sum payment to be made for one half of the amount of sick leave in
subsection (d)(3)(A) or (B), whichever is the lesser amount, multiplied by the
employee's current daily salary rate.
4) An employee
who is reemployed, reinstated or recalled from indeterminate layoff and who
received lump sum payment in lieu of unused sick days shall have these days
restored provided the employee repays at his or her last rate of pay upon
return to active employment the gross amount paid by the State for the number
of days to be so restored to the employee's sick leave account.
5) The
payment provided by this subsection (d) shall not be allowed if the purpose of
the separation from employment and any subsequent reemployment is for the
purpose of obtaining payment.
6) The
accrued leave shall be certified in writing to the employee by the Office.
This certification may be held by the employee or forwarded to the Retirement
System.
(Source: Amended at 39 Ill. Reg.
6712, effective April 22, 2015)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.278 VACATION LEAVE
Section
212.278 Vacation Leave
a) Accrual:
1) Full-time
employees shall earn vacation leave, accrued monthly on a pro-rated basis in
accordance with the following schedule:
A) From
the date of hire until the completion of five years of continuous service: 10
days annually.
B) From
the completion of five years of continuous service until the completion of nine
years of continuous service: 15 days annually.
C) From
the completion of nine years of continuous service until the completion of 14
years of continuous service: 17 days annually.
D) From
the completion of 14 years of continuous service until the completion of 19
years of continuous service: 20 days annually.
E) From the
completion of 19 years of continuous service until the completion of 25 years
of continuous service: 22 days annually.
F) From
the completion of 25 years of continuous service: 25 days annually.
G) Temporary
employees do not accrue vacation leave.
2) No
employee shall accrue vacation leave while remaining on the payroll to collect
accrued vacation prior to the effective date of termination.
b) Use:
Vacation leave may be used in quarter hour up to full day increments.
Employees may use vacation leave only upon the approval of a Director, or, if
the employee is a Director, upon the approval of the Executive Director. No
employee may approve his or her own request for vacation leave.
c) Continuous
Service: Computation of vacation leave of Office employees who have
interrupted continuous State service shall be determined as though all previous
State service that qualified for earning of vacation benefits is continuous
with present service.
d) Accumulation:
Employees shall not be allowed to accumulate vacation time for more than 24
months after the end of the calendar year in which it is earned. If an
employee does not request and take accrued vacation within the 24-month period,
vacation earned during that calendar year shall be lost.
e) Payout:
1) Upon
leaving employment with the Office, an employee, at his or her option:
A) may be
paid in a lump sum for accrued and unused vacation days up to a maximum of 75
days; or
B) may
remain on the payroll for the period of time equal to accrued and unused
vacation days up to a maximum of 75 days. However, if, during this period, the
employee is placed on another State payroll, he or she shall be removed from
the Office's payroll. In that event, the employee may receive a lump sum
payment for, or transfer to his or her account with the new employer, the
remaining balance of his or her maximum accrued vacation days less any vacation
days used under this subsection (e)(1)(B).
2) The
payment provided by subsection (e)(1)(A) shall not be allowed if the purpose of
the separation from employment and any subsequent reemployment is for the
purpose of obtaining payment.
3) The
payment provided by subsection (e)(1) shall not be deemed to extend the
effective date of termination by the number of days represented by the
payment. Payment shall be computed by multiplying the number of days (hours)
of accumulated vacation by the employee's current daily (hourly) rate. The
accrued leave amount shall be certified in writing to the employee and may be
held by the employee or forwarded to the Retirement System.
4) Upon
the death of a State employee, the person or persons specified in Section 14a
of the State Finance Act [30 ILCS 104/14a] shall be entitled to receive from
the appropriation for personal services available for payment of the employee's
compensation, the sum for any accrued vacation period to which the employee was
entitled at the time of death. The sum shall be computed by multiplying the
employee's last daily rate of pay by the number of days of accrued vacation
due.
(Source: Amended at 39 Ill. Reg.
6712, effective April 22, 2015)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.282 LEAVE FOR PERSONAL BUSINESS
Section
212.282 Leave for Personal Business
a) Accrual:
Full-time employees shall be permitted 22.5 hours of leave for personal
business each calendar year with pay. Full-time employees who enter service
with the Office during any calendar year shall be given credit for personal
business leave at the rate of 3.75 hours for each two months of service for the
calendar year in which hired. Temporary employees do not accrue personal
leave. In the event an employee does not use any sick leave in any calendar
year, the employee shall be awarded one additional personal day on January 1 of
the next calendar year after one year of State service. A calendar year for
the purposes of this provision is the period beginning January 1 and ending
December 31 of each year.
b) Personal
business leave may be used for occurrences or observance of religious holidays,
absence due to severe weather conditions, or for other similar personal reasons,
but shall not be used to extend a holiday, vacation or other leave without
prior approval. Personal business leave may be used by employees in quarter
hour up to full day increments. Except for those emergency situations that
preclude the making of prior arrangements, personal business leave shall be
scheduled sufficiently in advance to be consistent with the Office's operating
needs.
c) Carry
Over: Personal business leave shall not accumulate or carry over from year to
year. If the services of an Office employee are terminated by reason of
retirement, disability or death, the employee, or the employee's estate, as the
case may be, shall be paid a lump sum for the number of days of leave for
personal business that the employee had accumulated but not used as of the date
the employee's services were terminated, in an amount equal to one half of the
employee's last rate of pay per working day times the number of leave days
accumulated. The accrued leave amount paid under this subsection shall be
certified by the Office in writing to the employee. This certification shall
be held by the employee or forwarded to the Retirement System.
(Source:
Amended at 39 Ill. Reg. 6712, effective April 22, 2015)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.286 LEAVES OF ABSENCE
Section 212.286 Leaves of Absence
a) Types
1) Illness:
An employee who has expended his or her accumulated sick leave may be granted a
leave without pay, provided that he or she submits a required statement from an
appropriate health care provider setting forth the reasons for the employee's
inability to work. The leave may continue for an appropriate period approved
by the Executive Director provided that an appropriate health care provider's
statement is submitted within the first 10 calendar days of each month during
the leave. The Office shall continue to pay the premiums for the basic
(State-paid) health and life insurances for an employee on illness leave until
expiration of authorized leave and return to active service, but not to exceed 24
months. Failure to submit a statement from an appropriate health care provider
within the first 10 days of each month during the leave could result in
termination of the leave.
2) On-the-Job
Injury and Service-Connected Disease: An employee who suffers an on-the-job
injury or contracts a service-connected disease shall provide notice to the
Director and the Director of Administrative Services and be allowed full pay
during the first five working days of absence without utilization of any
accumulated sick leave or other benefits. Thereafter, the employee shall be
permitted to utilize accumulated sick leave or other benefits unless the
employee has applied for and been granted temporary total disability benefits
in lieu of salary or wages pursuant to the Workers' Compensation Act [820 ILCS
305] or through the State's self-insurance program. In the event the
service-connected illness or on-the-job injury becomes the subject of payment benefits
provided in the Workers' Compensation Act by the Illinois Workers' Compensation
Commission, the courts, the State self-insurance program or other appropriate
authority, the employee shall restore to the State the dollar equivalent that
duplicates payments made as sick leave or other accumulated benefit time, and
the employee's benefit accounts shall be credited with leave time equivalents.
Employees whose compensable service-connected injury or illness requires
appointments with a doctor, dentist or other professional medical practitioner
shall, with supervisor approval, be allowed to go to such appointments without
loss of pay and without utilization of sick leave.
3) Family
and Medical Leave:
A) Eligibility:
i) Employees
who have been employed by the Office for at least 12 months and have worked at
least 1,250 hours during the 12 months prior to the start of the federal Family
Medical Leave Act of 1993 (FMLA) (29 USC 2601) leave are entitled to up to 12
workweeks leave in any 12-month period for one or more of the following
reasons:
● because of the birth of a son
or daughter of the employee and in order to care for the child;
● because of the placement of a
son or daughter with the employee for adoption or foster care;
● to care for the spouse, or a
son, daughter, or parent of the employee, if the spouse, son, daughter or
parent has a serious health condition;
● because of a serious health
condition that makes the employee unable to perform the function of the
position of the employee.
ii) Spouses
employed by the Office may be limited to a combined total of 12 workweeks of
family leave for the birth and care of a child, placement of a child for
adoption or foster care, or to care for an employee's parent who has a serious
health condition.
B) Use:
The entitlement to leave under subsections (a)(3)(A)(i) and (iii) expires at
the end of the 12-month period beginning on the date of the birth or placement
of a son or daughter. The entitlement to leave under subsections
(a)(3)(A)(iii) and (iv) may be taken intermittently when medically necessary
and when scheduled, so as to not unduly disrupt the Office's operations.
C) Benefits:
Family and medical leave shall be unpaid. All accrued paid sick time must be exhausted
before any unpaid FMLA leave time may be utilized. The employee may choose to
substitute accrued paid vacation, personal and/or compensatory time for unpaid
FMLA leave. If the employee elects not to substitute his or her accrued paid
vacation, personal or compensatory time for unpaid FMLA leave, the employee
remains entitled to previously accrued or earned paid vacation, personal or
compensatory time. Paid benefit time utilized for FMLA purposes will be counted
toward the 12-week FMLA entitlement. The Office shall continue to pay the
premiums for the basic (State-paid) health and life insurances for an employee
on family and medical leave.
D) Restoration:
Employees who take leave under this subsection (a)(3) shall be returned to the
same or equivalent position with equivalent benefits, pay and other terms and
conditions of employment as held by the employee when the leave commenced.
E) Optional
Extension: Family and medical leave may be extended up to a total of six
months in any 12-month period at the discretion of the Executive Director.
F) Notice
and Certification: An employee shall provide the Office with not less than 30
days' notice of the employee's intent to take family and medical leave, or
other notice as is practical under the circumstances. Documentation supporting
the reasons for taking a leave may be required. The Office may obtain a second
opinion from a health care provider of its choosing. Authorization from an
appropriate health care provider to return to work may be required.
G) The
terms and conditions of family and medical leave shall be governed by the
Federal Family and Medical Leave Act of 1993.
H) In
determining whether a veteran meets the FMLA eligibility requirement, the
months employed and the hours that were actually worked for the Office shall
be combined with the months and hours that would have been worked during the 12
months prior to the start of the leave requested but for the military service.
4) Administrative
Leave: The Executive Director may grant administrative leaves of absence to
employees for purposes deemed appropriate. The Executive Director shall
determine the duration of the leave and whether the leave shall be with or
without pay, full or partial, and with or without State-paid benefits.
5) Excused
Absence: An employee may be granted an excused absence with pay upon the
approval of the Director to whom the employee reports.
6) Military,
Job Corps and Peace Corps Leaves: Leaves of absence shall be allowed employees
who enter military service, the Peace Corps or the Job Corps as provided below
and as may be required by law.
A) Military
Service Leave: Leave of absence without pay shall be granted to all employees
who leave their positions and enter military service for four years or less (exclusive
of any additional service imposed pursuant to law). An employee shall be
restored to the same or a similar position on making application to the
Executive Director within 90 days after separation from active duty or from
hospitalization continuing after discharge for not more than one year. The
employee must provide evidence of satisfactory completion of training and
military service when making application for reinstatement and be qualified to
perform the duties of the position. Continuous service and reemployment rights
for veterans subject to federal law shall be as provided in the Uniformed
Services Employment and Reemployment Rights Act (38 USC 4301 et seq.).
B) Military
Reserve Training Leave:
i) Any
full-time employee of the Office, other than an independent contractor, who is
a member of any reserve component of the United States Armed Forces or of any
reserve component of the Illinois State Militia, shall be granted leave from
Office employment for any period actively spent in military service, including:
● basic training;
● special or advanced training,
whether or not within the State and whether or not voluntary; and
● annual training.
ii) During
the leaves, the employee's seniority and other benefits shall continue to
accrue. During leaves for annual training, the employee shall continue to
receive his or her regular compensation as a State employee. During leaves for
basic training and for up to 60 days of special or advanced training, if an
employee's compensation for military activities is less than his or her regular
compensation as a State employee, he or she shall receive his or her regular
compensation as a State employee minus amount of his or her base pay for
military activities.
C) Federal
or State Active Duty/Emergency Call Up: Any member of the National Guard
employed by the Office whose absence from a position of employment is
necessitated by reason of being called to State Active Duty, whether or not
voluntary, shall be entitled to reemployment rights and benefits and other
employment benefits as provided under the Illinois National Guard Employment
Rights Law [20 ILCS 1805/Art. V] or the Uniformed Services Employment and
Reemployment Rights Act (38 USC 4301) any other applicable State law,
regulation or policy. Except as otherwise provided by law, a member entitled
to reemployment upon completion of a period of Federal or State Active Duty
shall be promptly reemployed in the position of employment that he or she left
with the same increases in status, seniority and wages that were earned during the
period of Federal or State Active Duty by employees in like positions who are
on the job at the time the returning member entered Federal or State Active
Duty, or to a position of like seniority, status and pay, unless the Office's
circumstances have so changed as to make it impossible or unreasonable to do
so. Any member of the National Guard who is reemployed or seeks reemployment
to a position of employment under this subsection (a)(6)(C) shall be considered
as having been on furlough or leave of absence during Federal or State Active
Duty and shall be reemployed without loss of seniority and shall be entitled to
participate in insurance or other benefits offered by the employer pursuant to
established rules and practices related to employees on furlough or leave of
absence in effect at the time the member entered Federal or State Active Duty.
D) Active
Duty Pay: Any full-time employee of the State of Illinois, other than an
independent contractor, who is a member of the Illinois National Guard or a
reserve component of the United States Armed Forces or the Illinois State
Militia and who is mobilized to active duty shall continue during the period of
active duty to receive benefits and regular compensation as a State employee,
minus an amount equal to his or her military active duty base pay. The terms
and conditions of active duty leave shall be as determined by the Department of
Central Management Services and the State Comptroller. Employees on active
duty leave retain all rights to reemployment benefits, including insurance.
E) Certification
of Leave: To be eligible for military leave or emergency call-up pay, the
employee must provide certification from the commanding officer of his or her unit
that the leave taken was for either such purpose.
F) Leave
for Military Physical Examinations: Any employee drafted into military service
shall be allowed up to three days leave with pay to take a physical examination
required by the draft. Upon request, the employee must provide the Office with
certification by a responsible authority that the period of leave was actually
used for that purpose.
G) Peace
Corps or Job Corps Enrollees Continuous Service: Any employee who volunteers
and is accepted for service in the overseas or domestic Peace Corps or Job
Corps shall be given a leave of absence from State employment for the duration
of the initial period of service. The employee shall be restored to the same
or similar position provided that the employee returns to employment within 90
days after the termination of service or release from hospitalization for a
Peace Corps or Job Corps service-connected disability, in which case a
physician's statement shall be provided to the Office.
H) Veterans
Hospital Leave: An employee who is also a veteran shall be permitted two days
with pay per year to visit a veteran's hospital for examination of a military
service-connected disability. The two days shall not be charged against any
sick leave currently available to the employee.
7) Disaster
Service Volunteer Leave: Any employee who is a certified disaster service
volunteer of the American Red Cross or assigned to the Illinois Emergency
Management Agency in accordance with the Illinois Emergency Management Act, the
Emergency Management Assistance Compact Act, or other applicable administrative
rules may be granted leave from work with pay for not more than 20 working days
in any 12-month period to participate in specialized disaster relief services
for the American Red Cross or for the Illinois Emergency Management Agency, as
the case may be, upon the request of the American Red Cross or the Illinois
Emergency Management Agency for the services of that employee and, upon the
Executive Director's approval, the employee shall be granted disaster service
volunteer leave without loss of seniority, pay, vacation time or any other
employee benefit.
8) Attendance
in Court: Any employee called for jury duty or subpoenaed by any legislative,
judicial, or administrative tribunal shall be allowed time away from work with
pay for these purposes. Upon receiving the sum paid for jury service or
witness fee, the employee shall submit the warrant, or its equivalent minus the
amount paid for mileage, to the Fiscal Office to be returned to the fund in the
State Treasury from which the original payroll warrant was drawn; provided,
however, an employee may elect to fulfill the call or subpoena on accrued time
off and retain the full amount received for the service.
9) Parental
Leave
A) All
employees will be eligible for 10 weeks (50 work days) of paid parental leave,
per six-month period which begins upon birth, for each pregnancy resulting in
births or multiple births. Proof of pregnancy must be provided to
Administrative Services no later than the 24th week of pregnancy.
Proof of a parent-child relationship (birth certificate or other appropriate
documentation) must be provided to Administrative Services for a non-covered
spouse.
B) All employees will be eligible
for 10 weeks (50 work days) of paid parental leave per six-month period for a
new adoption. Employees must notify Administrative Services that the adoption
has been initiated. If the adoption occurs after foster placement, the leave
is permitted only if the child or children has/have not resided with the
employee for more than three years. The six-month leave period begins either:
i) when physical custody of the
child or children has been granted to the employee, provided that the employee
can show that the formal adoption process is underway; or
ii) in
cases of adoption following foster placement, upon filing of the Petition for
Adoption.
C) Parental
leave must be exhausted no later than six months after the birth or adoption of
the child.
10) Educational
Leave: The Executive Director may grant an employee an educational leave of
absence for the purpose of engaging in a training course. No educational leave
may be granted unless, in the Executive Director's judgment, the training course
would benefit the Office by improving the employee's qualifications to perform
the duties of the employee's position in Office service. During a period of
educational leave, only State-paid health benefits and life insurance benefits
shall continue as provided under Section 10(c) of the State Group Insurance Act
[5 ILCS 375].
11) Organ
Donor/Blood Donor Leave:
A) Upon
request and approval by the Office, an employee may be entitled to organ donor
and/or blood donor leave with pay as follows:
i) up
to 30 days of organ donation leave in any 12-month period to serve as a bone
marrow or organ donor. Medical documentation of the proposed organ or bone
marrow donation shall be required before the leave is approved by the Director;
ii) up
to one hour to donate blood every 56 days. Medical documentation to
substantiate the use of leave time for this purpose may be required;
iii) up
to two hours to donate blood platelets in accordance with appropriate medical
standards established by the American Red Cross or other nationally recognized
standards. Leave to donate blood platelets may not be granted more than 24
times in a 12-month period.
B) An
employee may not be required to use accumulated sick or vacation leave time
before being eligible for leave under this subsection (a)(11). Medical
documentation to substantiate the use of leave time for these purposes may be
required.
12) Leave
Due to Domestic or Sexual Violence: An employee who is a victim of domestic or
sexual violence or who has a family or household member who is a victim of
domestic or sexual violence whose interests are not adverse to the employee as
it relates to the domestic or sexual violence may be entitled to take up to 12
workweeks of unpaid leave during any 12-month period for the purposes and under
the terms and conditions provided in the Victims' Economic Security and Safety
Act [820 ILCS 180] and implementing regulations (56 Ill. Adm. Code 280).
b) Employee
Rights After Leave: When an employee returns from a leave of absence of six
months or less, the Office shall return the employee to the same or similar
position in which the employee was incumbent prior to the commencement of leave,
provided that all requirements for substantiation of use of leave or physical
fitness have been furnished and that application for reassignment is made
within the specified time limit of the leave. When an employee returns from a
leave of absence exceeding six months in duration, other than leave of absence
granted under subsection (a)(6), and there is no vacant position in the same
position classification in which the employee was incumbent prior to the
commencement of leave, the employee may be laid off. An employee returning from
a leave of absence under subsection (a)(6) shall be returned to the same or
similar position in which the employee was incumbent prior to the commencement
of leave, provided that all requirements for substantiation of use of leave or
physical fitness have been furnished, that application for reassignment is made
within the specified time limits of the leave, and that the Office's
circumstances have not changed so as to make reassignments impossible or
unreasonable.
c) Failure
to Return: Failure of an employee to return from leave within five working
days after the expiration or termination date of a leave, whichever is
applicable, may be cause for discharge. Leave shall automatically terminate
upon the employee's securing other employment during the leave period. It
shall be the employee's responsibility to notify the Director and the Director
of Administrative Services of other employment.
d) Accrual
and Retention of Continuous Service during Certain Leaves: During the
following leaves, an employee shall retain and accrue continuous service,
provided appropriate application and return is made as required by this Section:
family and medical leave; educational leave; administrative leave; military
leave; Peace Corps or Job Corps leave; disaster service volunteer leave; or
service-connected disability leave.
(Source:
Amended at 46 Ill. Reg. 18866, effective November 3, 2022)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.290 HOLIDAYS
Section 212.290 Holidays
a) Authorized
Holidays: All full-time employees shall have time off, with full salary
payment, on the day designated as a holiday for the following:
1) New
Year's Day
2) Martin Luther King Day
3) Lincoln's Birthday
4) Washington's Birthday
(President's Day)
5) Memorial Day
6) Independence Day
7) Labor Day
8) Columbus Day
9) Veteran's Day
10) Thanksgiving
11) Christmas Day
12) General
Election Day (on which members of the House of Representatives are elected). Notwithstanding,
employees who are required to work regular hours on General Election Day shall
be granted one and one-half days of compensatory time (11.25 hours). Employees
who are required to work a 12-hour shift on General Election Day shall be
granted two days of compensatory time (15.0 hours). Temporary employees shall
not be compensated for non-working days or holidays.
13) Any
additional days proclaimed by the Governor of the State of Illinois or the
President of the United States.
b) Holiday
Observance: Where employees are scheduled and required to work on a holiday,
equivalent time off shall be granted within the following 12-month period at a
time convenient to the employee and consistent with the Office's operating
needs.
c) Holiday
during Vacation: When a holiday falls on an employee's regularly scheduled
work day during the employee's vacation period, an extra day shall be added to
the employee's accumulated vacation days.
(Source:
Amended at 42 Ill. Reg. 5024, effective February 28, 2018)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.294 OVERTIME
Section
212.294 Overtime
a) Overtime:
For those positions that are not considered executive, administrative or professional
as defined under the provisions of 29 CFR 541 and for those executive, administrative
or professional positions for which compensatory time is authorized by the
Executive Director, authorized work in excess of the scheduled workweek as
established by subsection (a)(2) shall be overtime. Overtime may be
compensated in cash or compensatory time.
1) Each
Director shall determine the need for and establish an overtime schedule that
recognizes the unique mission and workload of the organizational unit. The
Executive Director may require employees to work overtime or at times other
than their regular work schedule to meet workloads or service requirements of
the Office.
2) The definition of a
scheduled workweek is as follows:
A) The Springfield office's regularly scheduled work hours shall be 37.5 hours, Monday through
Friday, 8:00 A.M to 4:30 P.M.
B) The Chicago office's regularly scheduled work hours shall be 37.5 hours, Monday through Friday,
8:30 A.M. to 5:00 P.M.
C) Scheduled
work hours for employees on an approved flex-time work schedule, as approved by
the Executive Director, shall be reflected as designated by the Executive
Director.
b) Compensatory
Time: An employee's overtime accumulations shall be liquidated by the
utilization of compensatory time off, when that utilization is practical. Compensation
shall be made at a straight-time rate for work in excess of the scheduled workweek
but less than a 40 hour workweek. For those positions that are not considered executive,
administrative or professional, work in excess of a 40 hour week shall be
compensated at time and one-half. For those employees in professional
positions for which compensatory time is authorized by the Executive Director,
work in excess of a 40 hour week shall be compensated on an hour for hour
basis.
c) Compensatory
Time Schedule: Compensatory time must be pre-approved by the Director of the
employee's organizational unit, the Executive Director or the Assistant
Executive Director.
d) Overtime
Compensation Liquidation: Whenever it is not practical to liquidate an
employee's overtime with compensatory time off, or whenever the employee's
accrued compensatory time exceeds 240 hours, the employee shall be reimbursed
on normal payroll, subject to withholding, at the employee's current rate of
pay. Payment shall be made at a straight-time rate for work in excess of the
scheduled workweek but less than a 40 hour workweek. For those positions that
are not considered executive, administrative or professional, work in excess of
a 40 hour workweek shall be paid at time and one-half. For those employees in professional
positions for which compensatory time is authorized by the Executive Director,
work in excess of a 40 hour week shall be compensated on an hour for hour
basis.
e) Overtime
− Accumulation: All employee overtime compensation shall be liquidated
by the end of the fiscal year unless prior approval is obtained by the
Executive Director to extend the time period.
f) All
overtime records shall be approved by the Director and kept in the Office of
Administrative Services and entered on the monthly Time and Attendance System.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.298 INTERPRETATION AND APPLICATION OF RULES
Section
212.298 Interpretation and Application of Rules
The Executive Director shall determine the proper
interpretation and application of each provision of this Part. The decision of
the Executive Director as to the proper interpretation or application of any
rule shall be final and binding upon all affected employees unless modified or
reversed by the Grievance Review Committee, the courts or an administrative
tribunal.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 212
PERSONNEL
SECTION 212.299 SAVINGS CLAUSE
Section 212.299 Savings Clause
If any Section or part of any Section of this Part shall be
held invalid, the remaining provisions of the Part shall have and be given full
force and effect as completely as if the invalidated part had not been included
therein.
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