TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.10 DEFINITIONS
Section 420.10 Definitions
"Allocation":
The assignment of a position to a class based on duties, responsibilities and
requirements.
"Appropriate
Supervisor": An employee who has the authority to resolve an employee's
grievance.
"Certified
Employee": An employee who has successfully completed a required
probationary period and attained certified status during the employee's most
recent period of continuous service.
"Certified
Status": Status achieved through the completion of a probationary period.
"Class":
A composite of positions that are sufficiently similar, in terms of duties and
responsibilities, requiring the same or related knowledge, skills, abilities
and licenses (if required) to fulfill them, and the same title, selection
instrument, salary range or rate of pay that would apply equitably to each.
Example: All Executive I positions in the Office of the Secretary of State are
a class.
"Code":
The Secretary of State Merit Employment Code [15 ILCS 310].
"Commission":
The Secretary of State Merit Commission.
"Continuous
Service": The uninterrupted period of service from the date of original
appointment to State service.
"Department
of Personnel": The Secretary of State Department of Personnel.
"Director
of Personnel": The Director of the Secretary of State Department of
Personnel.
"Employee":
Any employee on the payroll as well as any employee on a leave of absence
granted pursuant to this Part.
"Executive
or Administrative Employee": Those employees who have principal
administrative responsibility for the determination of policy or principal
administrative responsibility for the way in which policies are carried out.
"Executive
Security Officer": A law enforcement officer charged with executive
protective duties.
"Highly
Confidential Employee": An employee who occupies a position that, by its
nature, is entrusted with private, restricted or privileged information of a
type that would preclude its being subject to Jurisdiction B.
"Immediate
Family": Father, mother, brother, sister, son, daughter, spouse, parties
to a marriage, domestic partners (established prior to 6-1-11) or party to a
civil union, including adoptive and custodial relationships and
"in-laws".
"Jurisdiction
A": The Section of the Code that deals with the classification and
compensation of positions in the Office of the Secretary of State.
"Jurisdiction
B": The Section of the Code that deals with merit and fitness as it
applies to positions in the Office of the Secretary of State.
"Jurisdiction
C": The Section of the Code that deals with the conditions of employment
of positions of the Office of the Secretary of State.
"Licensed
Attorney": Attorneys who are licensed to practice law within the State of
Illinois.
"Next
Higher Supervisor": An employee who is authorized to adjust grievance
resolutions offered by an Appropriate Supervisor; an employee who may be
locally or regionally assigned to resolve Level 2 grievances.
"Organizational
Entity": An organization whose chief executive officer reports directly
to the Secretary of State or the Assistant Secretary of State.
"Pay
Plan": The plan, authorized by the Secretary of State Merit Employment
Code, that sets forth rules for salary treatment when processing personnel
transactions and other compensation actions and identifies the various salary
schedules.
"Pay
Status": An employee who is active on the payroll of the Office of the
Secretary of State and who receives wages for hours worked, paid holidays and
benefit time used.
"Position":
A set of duties, authorities and responsibilities.
"Position
Description": The official document that identifies the duties,
responsibilities, location and reporting relationships of a position.
"Probationary
Period": A period of six calendar months (or 979 hours) immediately
following an original appointment or reinstatement, or a period of three months
(489.5 hours) following a promotion.
"Series":
A class series is composed of two or more individual classes that are directly
related in type of work performed, responsibility exercised and background
experience required, while differing in levels, difficulty and/or achievement
of these same terms. The classes of a series are similar in title and are
usually sequential in nature from lowest to highest. Example: Executive I,
II, III, IV and V are a class series.
"Sworn
Personnel – Inter-Agency Assignment": Employees of the Office, vested
with police authority, who are assigned to an affiliated outside organization
for a determined time frame to perform police officer duties.
"Time of
Hostilities": Any period of time during which a declaration of war by the
United States Congress has been or is in effect or is recognized by the
issuance of a Presidential Proclamation or Executive Order as defined in
Section 10b.7 of the Secretary of State Merit Employment Code [15 ILCS 310/10b.7].
"Title":
A title is the name by which a class is known. Example: Executive I is a
title.
"Unskilled
Positions": Positions whose primary requirement is that incumbents be of
good physical condition.
(Source: Amended at 39 Ill.
Reg. 14182, effective October 19, 2015)
SUBPART B: CLASSIFICATION AND PAY
 | TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.200 POSITIONS
Section 420.200 Positions
A position is a set of duties
and responsibilities requiring the appointment of one or more persons for the
completion of those duties and responsibilities. A written statement of the
duties and responsibilities of each position shall be maintained by the
Director of Personnel. The following types of positions may be established in
the Office of the Secretary of State.
a) Exempt – Positions established in accordance with sections of
the Merit Employment Code describing exempt positions as set forth in Section
420.310(i)(1). If a certified employee accepts an appointment to a position
exempt from Jurisdiction B of the Secretary of State Merit Employment Code, the
employee will retain his/her original certified status. If a certified
employee's position is declared exempt from Jurisdiction B, certified status
shall be retained in the position.
1) A certified employee who accepts appointment to an exempt
position will retain his or her certified status only for the highest class
title in which certified status was achieved, regardless of the class title of
the exempt position.
2) With approval of the Director of Personnel, a certified
employee may be removed from an exempt position by management directive in
accordance with the provisions of Section 420.380 (Employee Transfers). The
employee may also accept a voluntary reduction in accordance with Section
420.410 or a promotion in accordance with Section 420.370, or may be removed
from the position in accordance with Section 420.390 (Demotion) or Section
420.430(f) (Discharge of Certified Employee), if applicable. The transaction
to remove the employee from the position will be predicated on the class title
in which the employee was certified prior to the exempt appointment.
b) Permanent full-time or part-time positions for which the
duties and responsibilities are performed on a regular continuous basis. Any
type of appointment described in Section 420.310(i)(1), (4) or (5) or 420.330(a)
may be made to such a position.
c) Temporary – Positions for which the duties and
responsibilities are performed for not more than 6 months out of any 12-month
period as set forth in Section 420.310(i)(10) or positions authorized by the
Illinois Pension Code [40 ILCS 5/14-111] for a period not to exceed 75 working
days in a calendar year.
d) Permanent Intermittent – Positions for which the duties and
responsibilities are performed on a regular or nonregular, continuous or
noncontinuous basis for periods requiring less than full-time employment. No
appointment other than probationary and/or certified may be made to such a position.
e) Trainee – For positions established in accordance with an
approved training program as set forth in Section 420.320(a).
(Source: Amended at 35 Ill.
Reg. 4278, effective March 1, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.210 POSITION CLASSIFICATION
Section 420.210 Position
Classification
a) Classification Plan: The Director of Personnel shall
maintain, and revise when necessary, a uniform position classification plan for
positions under the Merit Employment Code based on the similarity of duties and
responsibilities assigned so that the same schedule of pay may be equitably
applied to all positions in the same class, under the same or substantially the
same employment conditions. It shall be the responsibility of the department
directors to report to the Director of Personnel any significant changes in the
duties of every position within their department.
b) Allocation:
1) At the request of a department, or at the discretion of the
Director of Personnel, including when it is evident that the duties of a
position deviate from the class specification for that title, or upon
reorganization of a department, a survey or audit, or such other investigation
by the Department of Personnel shall be made to determine the proper allocation
of any position to a class. Upon written request of an employee, a survey or
audit by the Director of Personnel shall be made to determine the proper
allocation of the employee's position. If the survey or audit does not
demonstrate a substantial change in the duties and responsibilities as
determined in a previous audit or the existing job description, a determination
shall be made as to the proper allocation of the position from a review of the
record rather than an individual desk audit. After making such survey, audit,
or other investigation, the Department of Personnel shall notify the department
in which such position is located of its decision as to the proper allocation
of the position in question. It shall be the responsibility of the Department
of Personnel to give written notice to the incumbent of said position of its
decision.
2) An employee who has requested and received the results of an
audit on his/her current position may request another review no sooner than 12 months
following receipt of the prior audit result, and only if there is a change to
his/her position duties and responsibilities.
c) Reconsideration:
1) Within 30 calendar days after receiving notice of such
decision, the incumbent in such position may make a request in writing of the
Director of Personnel for a reconsideration of the decision. Thereafter, the
Director of Personnel shall reinvestigate the duties and responsibilities of
such position and related positions and the affected employee shall be given a
reasonable opportunity to be heard.
2) After such investigation, the Director of Personnel 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 last address shown in
the official personnel file. The effective date of the Director of Personnel's
reconsidered decision shall be the same as the effective date of the original
allocation decision by the Director of Personnel.
3) An employee wishing to appeal the Director of Personnel's
decision shall serve upon the Merit Commission notice of appeal of said
reconsidered decision in writing within 15 calendar days after receipt of
notice of the reconsidered decision. A copy of the notice of appeal shall also
be served upon the Director of Personnel.
d) Assignment to Other Classes: An employee whose position has
been allocated to a class having a higher, lower or same maximum permissible
salary or rate may remain in the position, provided, however, that the Director
of Personnel shall determine, in the case of allocation to a class having a
higher maximum salary or rate, whether, considering the nature of such change in
duties, the employee is qualified for the position. In the case of allocation
to a class having a lower maximum salary or rate, due to loss of duties or
responsibilities after appointment to such position, the pay of such employee
shall not be required to be lowered for a period of one year after the position
allocation, in accordance with the Secretary of State Pay Plan, Section
10.00(b) (on file in the Secretary of State's Department of Personnel).
e) Revised Class Requirements: When requirements for a class are
revised and the duties and responsibilities of positions comprising the class
remain essentially unchanged, incumbents in these positions who qualified under
the previous requirements for the class will be considered qualified.
f) Establishment of New Classes: When positions are reclassified
resulting from the establishment of a new class, and the duties and
responsibilities of such positions remain essentially unchanged, incumbents who
qualified under the requirements of the previous class will be considered
qualified for the new class.
g) Temporary
Assignment:
1) An
employee may be directly assigned (relegated) to perform the duties and
responsibilities of another position in a different classification than that to
which the employee is incumbent.
2) Temporary
assignments shall not be considered the permanent duties and responsibilities
of the employee and, therefore, shall not be considered in the proper
allocation of the incumbent's position.
3) Additional
compensation for temporary assignment of an employee to duties and
responsibilities of a higher class shall be in accordance with the applicable
provisions of the Department of Personnel Pay Plan. To be eligible for such
additional compensation, the employee must be temporarily assigned in accordance
with the operational needs of the department and may not become effective
without the written approval of the Director of Personnel and acknowledgement
by the employee.
4) Temporary
assignment of an employee shall not normally exceed 6 months.
(Source: Amended at 32 Ill. Reg. 15017,
effective September 8, 2008)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.220 PAY PLAN
Section 420.220 Pay Plan
a) Establishment of Plan: The Director of Personnel shall
prepare and maintain a Pay Plan for all employees subject to Jurisdiction A of
the Merit Employment Code in accordance with the applicable provisions of the
Code.
b) Provisions of the Pay Plan: The Pay Plan shall provide for
uniform and equitable starting rates of pay, the time and manner in which
subsequent changes in salary may be made, the rate each employee is to be paid,
and for rates that are fair and reasonable compensation for the type of employment
and service rendered. The Pay Plan may also include other provisions not
inconsistent with law to assist in the administration of good personnel
practices for the Office of the Secretary of State.
c) Approval of Pay Plan: The Pay Plan and amendments to the Plan
shall be prepared by the Director of Personnel. After preparing the Pay Plan
or any amendments, the Director of Personnel shall submit it to the Secretary
of State. The Pay Plan or amendments shall become effective only after
approval by the Secretary of State.
(Source: Amended at 32 Ill.
Reg. 15017, effective September 8, 2008)
SUBPART C: MERIT AND FITNESS
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.300 APPLICATION AND EXAMINATION
Section 420.300 Application
and Examination
a) Examinations:
1) The Director of Personnel shall conduct examinations to test
the relative fitness of applicants for positions subject to Jurisdiction B of
the Code. Examinations may include an evaluation of such factors as education,
experience, training, capacity, knowledge, manual dexterity, character and
physical fitness. Tests shall be job related and may be written, oral,
physical demonstration of skill or an evaluation of education and experience.
Examinations shall consist of one or more tests in any combination. Where
minimum or maximum requirements are established for any examination, they shall
be specified in the examination announcement.
2) In lieu of announcing or conducting examinations, the Director
of Personnel may accept the results of competitive examinations conducted by
any established merit system subject to the Director of Personnel's
determination that such examinations are comparable in difficulty and
comprehensiveness to those conducted by the Department of Personnel for similar
positions.
3) Entrance examination shall mean the examination that resulted
in the initial appointment of an applicant to a position in the Office of the
Secretary of State.
4) The Director of Personnel may rank applicants participating in
competitive examinations on the basis of numeric or category ratings. When
numeric ratings are used, applicants will be ranked from the highest passing
numeric score to the lowest passing numeric score. When category ratings are
used, applicants will be ranked by categories such as excellent, well-qualified
and qualified.
b) Examination − Time and Place: Examinations shall be
held at such times and places as are necessary to meet the requirements of the
Office of the Secretary of State, provide economical administration, and be generally
convenient for applicants. The Director of Personnel may cancel or postpone
examinations at any time.
c) Veterans' Preference: Preference in entrance examinations
shall be granted to qualified persons who, while citizens of the United States,
were members of the Armed Forces of the United States or the armed forces of
allies of the United States in times of hostilities with a foreign country (as
set forth in the Merit Employment Code Section 10b.7) and to certain other
persons as set forth in this Section. To be eligible, an applicant must have
proof of his/her service or discharge under honorable conditions. Preference
shall be granted as follows:
1) Three points or equivalent credit shall be added to the
entrance examination grade for veterans who have served in the Armed Forces of
the United States, in the Illinois National Guard, or any reserve component of
the Armed Forces of the United States and:
A) Served for at least 6 months and has been discharged under
honorable conditions, or
B) Has been discharged on the ground of hardship, or
C) Was released from active duty because of a service connected
disability.
2) Five points or equivalent credit shall be added to the
entrance examination grade for veterans who have served in the Armed Forces of
the United States during time periods of hostility or who, as members of the
Illinois National Guard or any reserve component of the Armed Forces of the
United States, were called into active duty during time periods of hostility
and served under one or more of the following conditions:
A) The veteran served a total of at least 6 months, or
B) The veteran served for the duration of the hostilities
regardless of the length of engagement, or
C) The veteran was discharged on the basis of
hardship, or
D) The veteran was released from active duty because of a service
connected disability.
3) Ten points or equivalent credit shall be added to the entrance
examination grade for veterans who are currently receiving compensation from
the United States Veterans' Administration or from such allied country for war
service connected disabilities, or if the veteran is a recipient of the Purple
Heart.
4) If category ratings are used, the veteran eligibles in each
category shall be preferred for appointment before the nonveteran eligibles in
the same category. Such preference may be disregarded if, during the interview
process, an applicant fails to meet the minimum standards set prior to the
interview.
5) A surviving unremarried spouse of a
veteran who suffered a service connected death or disability that prevents the
veteran from qualifying for employment in a merit system with the State of
Illinois shall be entitled to the same preference to which the veteran would
have been entitled under this Section.
6) Ten points or equivalent credit shall
be added to the examination score for one parent of an unmarried veteran who
suffered a service connected death or disability that prevents the veteran from
qualifying for employment in a merit system with the State of Illinois. The
first parent to receive an appointment in an Illinois merit system shall be the
parent entitled to the preference.
d) Public Notice of Examinations: The Director of Personnel
shall publicly announce examinations at least two weeks in advance of the final
date the examination will be given, except as otherwise noted. Announcements
may be advertised through the press, radio or other media. Announcements shall
be posted in a conspicuous place in the Department of Personnel in both Chicago
and Springfield. Announcements shall specify the date and manner in which an
application for examination shall be made. In place of individual
announcements, the Director of Personnel may announce the examination process
and testing locations and times by various means, including, but not limited
to, using the Secretary of State's website, a brochure or a pamphlet.
e) Notice to Eligibles: In the event a change in the
classification or testing standards or other change requires the elimination of
an eligible list for a class, or of certain previously qualified eligibles from
such a list, the Director of Personnel shall notify each person thus losing
eligibility of such new or revised requirements as soon as practicable, and
when the revised examination is repeated, shall again notify each person in
order that each may be given an opportunity to reestablish eligibility.
f) Test Ratings − Notice and Review: The rating of each
test shall be completed and the resulting list established as quickly as
reasonably practicable. Each person competing in any test shall be given
written notice of the final earned rating or of the failure to attain a place
on the list.
g) Retaking or Regrading Examinations: The retaking or regrading
of examinations will be permitted only in accordance with the following
provisions:
1) No applicant may retake a test or tests included within an
examination until 14 calendar days have elapsed.
2) In all cases of retaking examinations, the candidate's highest
valid grade on record for the title shall be used to determine the candidate's
rank on the eligible list. The examination score retained will expire 12 months
from the date of examination.
3) Examination results are valid for 12 months from the original
date of examination. An examination shall not be regraded more than 12 months
after the original test date. Regraded examinations shall expire on the same
date as the original examination.
h) Removal of Examination Material From Premises: Any applicant
or unauthorized employee of the Office of the Secretary of State removing
examination materials from the premises at which examinations are being
administered or stored, in any manner whatsoever, shall be subject to
prosecution and/or discipline up to and including discharge if the individual
is an employee of the Office of the Secretary of State.
i) Admission to Examinations: All persons who meet
requirements established by the Director of Personnel may be admitted to
competitive examinations and may be lawfully appointed to the position. Following
are the only criteria by which the Director of Personnel may reject the
application of any person for admission to a test or decline to test or certify
for employment:
1) subsequent to participating in the examination, the applicant is
found to lack the qualifications prescribed for admission to the test as
announced in the public notice;
2) the applicant is physically unfit to perform effectively the
duties of the class;
3) the applicant has used, or attempted to use, bribery or
political influence to secure an advantage in testing or appointment;
4) the applicant has made false statements of any material fact
or has practiced deception or fraud in the application or test;
5) the applicant does not meet the United States Citizenship and Immigration
Services regulations for permanent employment;
6) the applicant is found guilty of a violation of this Part or
any of the provisions of the Merit Employment Code relating to participation in
examinations; or
7) the applicant has been convicted of a crime relevant to the
duties and responsibilities of the class of the examination he/she is taking or
the position to which he/she is being hired.
j) Residency Requirement: Applicants who are not residents of
the State of Illinois may be appointed only upon the waiver of residency
requirements by the Director of Personnel and only when there are fewer than
three qualified residents of Illinois available, including statewide candidates
or candidates on the eligibility list for the geographical area in which the
position is located.
k) Linguistic Requirements: The Director of Personnel may
establish linguistic options when it appears that this would benefit the
operation of the office by increasing communication with those served by the
Office of the Secretary of State.
l) Authorization of Investigation: The Director of Personnel
shall, when a position is to be filled, require that an applicant seeking
employment with the Office of the Secretary of State authorize an investigation
to determine if the applicant has ever been convicted of a crime and, if so,
the disposition of those convictions.
m) Confidentiality: Any information concerning criminal
convictions obtained by the Director of Personnel shall be confidential. No information
obtained from such investigation may be placed in any automated information
system. No information may be transmitted to anyone within or outside the
Office of the Secretary of State, except as needed for the purposes set forth
in subsection (l). Any violation of this subsection shall result in
disciplinary action and possible civil action.
(Source: Amended at 36 Ill.
Reg. 13945, effective September 1, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.310 APPOINTMENT AND SELECTION
Section 420.310 Appointment
and Selection
a) Eligible Lists: The Department of Personnel shall establish
and maintain lists of qualified applicants for positions covered by
Jurisdiction B of the Code. Such applicants shall have successfully qualified
through competitive examinations as provided in Section 420.300(a). The names
of qualified applicants shall be arranged in the order of their relative
excellence, whether by numerical grade or category grouping. The length of
time an eligible applicant's name may remain on the eligible list shall be established
by the Director of Personnel.
b) Responsibilities of Eligibles: It shall be the responsibility
of each eligible applicant to inform the Department of Personnel in writing of
any changes in name, address or availability for employment.
c) Geographical Preference: Applicants for employment shall
specify one or more of the locations or areas in which they will accept
employment from those choices made available at the time of examination or that
may be made available at a later date. Unless otherwise noted in the
examination announcement, applicants may select a statewide preference, but
will not be considered for employment until all available candidates for the
specific geographical location have been exhausted.
d) Removal of Names From Eligible Lists:
1) The Director of Personnel shall remove names from an eligible
list for cause, including but not limited to any of the following reasons:
A) Appointment of the eligible applicant from the eligible list;
B) Death of an eligible applicant;
C) Notice by postal authorities that they are unable to locate the
eligible applicant at his/her last known address;
D) Attempt by an eligible applicant to practice any deception or
fraud in connection with an examination or application for employment;
E) Evidence that the eligible applicant lacks any of the
qualifications required for the class for which he/she was erroneously declared
eligible;
F) Request of an eligible applicant to remove his/her name from
the eligible list;
G) The applicant's name has remained on the eligible list for 12
months; or
H) The
applicant has been discharged, terminated, or otherwise involuntarily separated
from employment with the Office of the Secretary of State.
2) The Director of Personnel may remove names from an eligible
list, upon notice to the applicant, for reasons including but not limited to
the following:
A) Failure of an eligible applicant, upon referral, to reply or to
report for interview;
B) After accepting employment, failure without good cause to
report to work within the time prescribed by the employing department or the
Department of Personnel;
C) Failure of an eligible applicant, upon request, to furnish
written evidence of availability for employment;
D) Specifying conditions of employment by an eligible applicant that
are not associated with the class for which the applicant is eligible;
E) Refusal of an eligible applicant to accept 3 separate offers of
employment;
F) After an eligible applicant has been passed over 3 times by
the same department, the department may request removal of the eligible applicant
from the list for good and sufficient cause;
G) Poor work history of the eligible applicant;
H) Former experience, history or background of the eligible applicant
is not compatible with duties and responsibilities of the class;
I) Physical inability of eligible applicant to perform the duties
and responsibilities of the class;
J) After eligible applicant accepts promotion;
K) When a change in classification or testing standards, or another
change, requires removal;
L) Conviction of an eligible applicant of a felony or of a crime that
is relevant to the position for which the person is testing or being hired; or
M) Conviction of a crime involving alcohol or drugs.
e) Replacement of Names on Eligible List:
1) The Director of Personnel may restore a name to the same
eligible list when that action would be in the best interest of the Office of
the Secretary of State, including but not limited to:
A) Names of eligible applicants who, upon removal from list for failure
to reply due to powers beyond control, did not receive referral in time to
respond in the prescribed amount of time;
B) Names of veterans returning from active military service of not
more than 4 years shall be restored to an eligible list for a period of 12
months for the same class if the request is made by the veteran within 90 days
after discharge, or after release from hospitalization continuing after
discharge but for not more than one year. The eligible applicant must provide
evidence of satisfactory completion of training and service when making the
request and be qualified to perform the current duties of the class;
C) Names of employees who are laid off during their probationary
period shall be returned to the eligible list for the class in which the layoff
occurred.
2) Names so restored shall be at the grade in effect when the
removal from the list was made and may not remain on the list after that period
of time equal to the unexpired time remaining of the original eligibility,
except as provided in subsection (e)(1)(B).
f) Appointment from Eligible List: When an appointment to a
position is made from an eligible list resulting from an open competitive
examination, the appointment shall be made from among those available persons
with the 10 highest grades, if the list is in order of numeric examination
grade. If the list is in category groupings, the appointment shall be made from
among available persons in the highest ranking category in which there are 3
or more available eligibles, as well as those in all higher categories, except
as provided for under subsection (g).
g) Extension of Jurisdiction B:
1) Employees in positions to which Jurisdiction B is extended
pursuant to Sections 5d and 10d of the Merit Employment Code shall be continued
in those positions and shall attain certified status in those positions
provided they pass a qualifying examination prescribed by the Director of
Personnel within 6 months after the jurisdiction is extended and provided that
they satisfactorily complete their respective probationary periods.
2) Appropriate standards for probationary appointments shall be
prepared by the Director of Personnel and appointments of employees in
accordance with subsection (g)(1) shall be without regard to eligible lists. Further,
these appointments shall be made without regard to the provisions of subsection
(f). Nothing in this subsection (g) shall preclude the reclassification or
reallocation, as provided by this Part, of any position held by an incumbent.
h) Appointments – Positions Subject to Jurisdiction B: Positions
covered by Jurisdiction B of the Code shall be filled in one of the following
ways:
1) By appointment of an eligible applicant standing among the 10
highest scores on an eligible list that is numerically rated;
2) By appointment of an eligible applicant from the highest
ranking group of 3 or more available eligibles from an eligible list that is
not numerically rated;
3) By present employees (May 24, 1977) who have passed
examinations in accordance with the Personnel Code [20 ILCS 415] under the
Governor of Illinois and who having passed the probationary period shall be
continued in their positions without further examination;
4) By present employees (May 24, 1977) who having been promoted
in accordance with the rules under the Personnel Code under the Governor of the
State of Illinois (80 Ill. Adm. Code 302) shall be continued in their positions
without further examination;
5) By present employees (May 24, 1977) who having passed
examinations in accordance with the Personnel Code under the Governor of the
State of Illinois, but who have not completed the probationary period shall be
continued in their positions and be given credit for such probationary time
toward the completion of the probationary period provided by this Part;
6) By all other present employees subject to Jurisdiction B who
shall be continued in their positions providing that they have passed a
qualifying examination within 9 months after May 24, 1977;
7) By present employees (May 24, 1977) or past employees who have
rights or privileges arising under the Personnel Code under the Governor of
Illinois or through judicial process and who shall be continued in the extent
of such rights and privileges;
8) By an appointment to a position through promotion of an employee
who is qualified pursuant to Section 420.370(b);
9) By emergency appointment for a period not in excess of 90
calendar days to meet emergency situations. Emergency appointments may be made
without regard to eligible lists. These appointments may not be renewed;
10) By temporary appointments to positions that are temporary or
seasonal in nature as determined by the Director of Personnel. These
appointments shall not exceed 6 months out of any 12 month period or be
temporary appointments to positions authorized by the Illinois Pension Code [40
ILCS 5/14-111] for a period not to exceed 75 working days in a calendar year.
Temporary appointments may be made without regard to eligible lists;
11) By provisional appointments to positions without competitive
examination when there is no appropriate eligible list. Provisional
appointments may not exceed 6 months out of any 12 month period;
12) By the transfer of employees from one position to another if
the qualifications, responsibilities, duties and salary range are similar;
13) By reinstatement of persons who formerly held certified
status under the Code, the Personnel Code [20 ILCS 415], the State Universities
Civil Service Act [110 ILCS 70], the Comptroller Merit Employment Code [15 ILCS
410], or the State Treasurer Employment Code [15 ILCS 510]. To be eligible for
reinstatement, these persons shall have resigned while in good standing or
shall have been laid off from employment within their respective merit systems,
except as provided in Section 420.430(k);
14) By reemployment of an employee whose name appears upon a
reemployment list; the reemployment may be made to positions in the same or
lower salary range as the salary range applicable to the position from which
the person to be reemployed was laid off; reemployment appointments shall be of
qualified employees and shall be made after consideration of continuous service
and performance records;
15) By the appointment of trainees into training programs approved
by the Director of Personnel; those appointments may be made with or without
examination of applicants; trainees do not acquire any rights under
Jurisdiction B of the Code by virtue of trainee appointments;
16) By the reduction in rank or class of an employee, for cause,
with the prior approval of the Director of Personnel;
17) By the transfer of active, certified or probationary employees
from the jurisdictions of the Personnel Code, the State Universities Civil
Service Act, the Comptroller Merit Employment Code or the State Treasurer
Employment Code, upon the approval of the Director of Personnel, to comparable
positions of employment. A person so transferred shall retain the same status
under the Code as that which he or she held under previous merit employment.
i) Appointments: The following types of appointments may be
made by the Director of Personnel.
1) Exempt: For persons in positions not subject to Jurisdiction
B. If an exempt employee's position becomes subject to Jurisdiction B by
reason of extension of Jurisdiction B, pursuant to Section 5d and 10d of the
Code, the employee shall establish eligibility for the position by passing
satisfactorily a qualifying examination prescribed by the Director of Personnel
within 6 months after the extension of Jurisdiction B to the position. In all
other cases, if an exempt employee's position becomes subject to Jurisdiction
B, the employee shall establish eligibility for the position within 6 months by
successfully competing in the open competitive examination and receiving a
probationary appointment according to applicable rules.
2) Emergency: For persons selected to meet emergency
situations. Such appointments shall not exceed 90 calendar days, shall not be
renewed, and may be made without regard to an eligible list. Notices of
terminations shall be reported to the Director of Personnel.
3) Temporary: For persons in positions to perform temporary or
seasonal work to be filled for no more than 6 months out of any 12 month
period, or for persons in positions authorized by Section 14-111 of the
Illinois Pension Code to be filled for no more than 75 working days per calendar
year.
4) Provisional: For persons in positions for which there are
fewer than 10 available eligibles on the open competitive eligible list, if the
list is in order of numeric examination grade, or fewer than 3 available
eligibles, if the list is in category groupings. No positions shall be filled
by provisional appointment for more than 6 months out of any 12 month period.
If a provisional employee's position is allocated to a class for which there
are available eligibles, eligibility for the positions shall be established
within 90 days through successfully competing in the open competitive
examination and receiving a probationary appointment according to subsection
(i)(5).
5) Probationary: For persons appointed from an eligible list,
for persons receiving a promotion and for persons being reinstated. If a
probationary employee's position is declared exempt from Jurisdiction B, the
balance of the probationary period shall be served after which certified status
shall be attained.
6) Trainee: For persons in positions pursuant to established
trainee and apprenticeship programs.
(Source: Amended at 35 Ill.
Reg. 4278, effective March 1, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.320 TRAINEES
Section 420.320 Trainees
a) Trainee Appointments: The Director of Personnel may establish
trainee or apprenticeship programs for new and/or incumbent employees in
accordance with the Position Classification Plan (80 Ill. Adm. Code 410) or at
the request of an operating department. No trainee position under this Section
shall be established in any class other than a trainee class. A trainee or
apprenticeship program shall prescribe the purposes, objectives, curriculum,
benefits and duration. Trainee or apprenticeship programs may be established
for one or more of the following reasons and purposes and shall be for the
duration stated in the class specifications:
1) To develop qualified employees through an established program
of supervised training and experience;
2) To cooperate with recognized educational institutions and
organizations by making available opportunities for supervised training and
work experience required for satisfactory completion of a cooperative or
affiliate training program;
3) To provide specialized orientation and training necessary for
satisfactory performance of jobs in technical or professional fields;
4) To attract and interest better qualified employees to State
service by selecting outstanding persons and giving them supervised work
experience during their period of academic training;
5) In
conjunction with Section 18c of the Secretary of State Merit Employment Code
[15 ILCS 310/18c], to provide training or developmental work experience for
persons with disabilities that would assist them in acquiring or augmenting
employment skills and/or to provide employment opportunities of limited
duration.
b) Limitations on Trainee Appointments:
1) Trainees
appointed to a position in a trainee class after having qualified by open
competitive examination in accordance with Section 420.300 may be promoted
after successfully completing the prescribed trainee program and meeting the
minimum education and experience requirements for the title for which they are
training. A 3 month probationary period will be served in accordance with
Section 420.360(a)(2).
2) Trainees appointed without open competitive examination may be
promoted to the titles for which they are training after successfully
completing the prescribed trainee program and ranking among candidates in a
reachable position for appointment on the appropriate open competitive eligible
list. A 3 month probationary period will be served in accordance with Section
420.360(a)(2).
3) Trainees appointed to a trainee position without open
competitive examination, whose positions are reallocated or reclassified to a
non-trainee class during the trainee period, will be placed in provisional
status in the class to which the position is allocated and shall
establish eligibility for that position upon successful completion of an
appropriate open competitive examination within 6 months from the effective
date of the title change.
4) Trainees appointed to a trainee position after having qualified
by open competitive examination in accordance with Section 420.300, whose
positions are reallocated or reclassified to a non-trainee class during the
trainee period, will be placed in probationary status in the class to which the
position was allocated and will serve a 6 month probationary period.
5) Employee absences from work during a trainee period may, if
necessary, extend the length of the trainee period by the length of the
absences. If the trainee period is extended by absence due to suspension and
the suspension is later reduced or rescinded, the time shall not extend the
trainee period. The department may verify to the Director of Personnel that the
employee satisfied the requirements of the trainee program, notwithstanding any
absences during the trainee period. In no event is the trainee period to be
extended beyond that allowed on the class specification for the trainee class.
For purposes of this subsection (b)(5), a 12 month period shall be equal to 261
work days.
(Source: Amended at 36 Ill.
Reg. 12125, effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.330 INTERMITTENTS
Section 420.330
Intermittents
a) Intermittent Positions: The Director of Personnel shall, as
required to fulfill the operating needs of a department, establish intermittent
positions to perform work seasonal in nature or to help in periods of increased
workloads. Intermittent positions shall not be established in lieu of
permanent positions, but intermittent employees may substitute for absent
employees. Appointments will be made to intermittent positions in the same
manner as appointments to other permanent positions.
b) Limitations on Intermittent Employees: An intermittent
employee will be subject to the following limitations and conditions of
employment, but will otherwise be covered by the full benefits of Jurisdiction
A, B and C:
1) Intermittents will work 800-1500 hours per year (12 month
period).
A) If, as
a result of timekeeping error or omission in reporting hours worked, it is
determined that an intermittent employee worked more than 1500 hours in the
prescribed 12 month period, the employee shall immediately be placed in
inactive status until the commencement of the next 12 month period, and the
hours worked in the next 12 month period shall be reduced by the excess hours
from the previous 12 month period.
B) Intermittent
employees offered less than 800 hours of work in any prescribed 12 month period
shall be deemed suspended without cause and may grieve or appeal in accordance
with the applicable rules regarding suspensions.
2) There
shall not be more than a 10% variance in hours scheduled from the current work
schedule of employees in the same title and organizational unit in any 12-month
period, unless approved by the Director of Personnel. The Director will
consider the operational needs of the department before approving work schedule
changes. Intermittent employees whose schedules vary more than 10% may grieve
or appeal the schedule changes. An effort will be made to balance the hours
worked among intermittent employees of the same title within the same
organizational unit.
3) The continuous service of an intermittent employee shall be
computed on the basis of hours worked, each 7½ hours being equivalent to one
day.
4) An intermittent employee shall accrue sick and vacation leave
on a prorated basis, dependent upon the amount of time in pay status during a
given month.
5) Employees refusing to be scheduled 3 times in one calendar
quarter shall be considered for discharge for failure to perform assigned
duties, if given 24 hour notice of scheduling, unless proof of illness or death
in the family is presented.
c) Nothing
in this Section shall be deemed to prevent a legitimate reorganization to
promote the efficiency of the agency. In the event a reorganization
temporarily precludes full compliance with this Section, management shall have 6
months in which to revise its schedules in order to bring the schedules into
compliance.
d) An annual review of the intermittent program will be made by
the Director of Personnel to insure compliance with this Part.
(Source: Amended at 36 Ill.
Reg. 13945, effective September 1, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.340 CONTINUOUS SERVICE
Section 420.340 Continuous
Service
a) Definition:
1) Continuous service is the uninterrupted period of service from
the date of original appointment to State service or to service in any other
system participating in the Retirement Systems Reciprocal Act [40 ILCS 5/20],
except as provided in subsection (f).
2) Employees who have accrued continuous service in State service
or who have accrued continuous service in a position covered by the Retirement
Systems Reciprocal Act, and who have been transferred to or who have accepted an
appointment to a position in the Office of the Secretary of State, shall be
given credit for the earlier service to the extent determined by the Director
of Personnel or required by law.
3) Intermittent and permanent part-time employees shall accrue
continuous service on a prorated basis, determined by the number of hours
worked per year.
b) Interruptions in Continuous Service: Continuous service shall
be interrupted by:
1) Resignation; provided, however, that continuous service will
not be interrupted by resignation when an employee is employed in another
position in State service within 4 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 Merit Commission, or under other administrative review process, or
by the court;
3) Termination because an employee has not been reemployed within
one year after layoff.
c) Deductions from Continuous Service: Except as provided in subsection
(e), the following shall be deducted from, but not interrupt, continuous
service:
1) Time away from work for leaves of absence without pay totaling
more than 30 days in any 12 month period;
2) Time away from work because of disciplinary suspensions
totaling more than 30 days in any 12 month period;
3) Time away from work because of layoff.
d) Veterans' Continuous Service:
1) Leaves of absence shall be granted to all employees, except
temporary or emergency employees, who leave their positions and enter military
service for 4 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 to the Department of Personnel within 90 days
after separation from active duty, or after release from hospitalization
continuing after discharge but for not more than one year. The employee must
provide evidence of satisfactory completion of training and military service
when making application and must be qualified to perform the duties of the
position.
2) Subject to the provisions of Section 420.310(f), a veteran who
returns to service with the Office of the Secretary of State after having been
granted a leave of absence from provisional status shall be required to pass
the same or similar examination for his/her position within 90 days.
3) Trainees who have not previously done so and whose training
was interrupted by military leave shall be required to qualify, if necessary,
in an examination in the trainee class before granted allocation or
noncompetitive promotion to a higher class.
e) Accrual and Retention of Continuous Service During Certain
Leaves: During an educational, military, national service, disaster services,
family leave (pursuant to Section 420.645), Family and Medical Leave (FMLA),
disability leave, service connected disability leave or leave to accept a
temporary, provisional, or emergency assignment in another class, an employee
shall retain and accrue continuous service, provided an appropriate application
to return is made pursuant to the requirements specified elsewhere in this
Part.
f) Limitation on Continuous Service: Temporary and emergency
employees employed after May 24, 1977 shall not accumulate continuous service
except as provided in the State Employee Vacation Time Act [5 ILCS 360], unless
the status is acquired as the result of taking a leave of absence to accept a
temporary or emergency assignment.
(Source: Amended at 36 Ill.
Reg. 12125, effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.350 PERFORMANCE EVALUATION FORMS
Section 420.350 Performance Evaluation
Forms
a)
The Director
of Personnel shall prescribe the form used for performance evaluations.
b) For an employee serving a 6 month probationary period, the
department shall prepare and submit to the Department of Personnel 2
evaluations, one at the end of the third month of the employee's probationary
period and another 15 days before the conclusion of the probationary period.
c) For an employee serving a 3 month probationary period, the
department shall prepare and submit to the Department of Personnel an
evaluation form 2½ months after the commencement of the probationary period.
d) For a certified employee, each department shall prepare an
evaluation not less often than each time an employee receives a satisfactory or
superior performance increase under the Department of Personnel's Pay Plan.
e) A prepared employee evaluation shall not be considered
completed or final for any purpose until the employing department director or
designee has entered approval directly on the evaluation form by way of
signature or other means of identification.
f) For purposes of promotion, demotion, layoffs, transfers,
reemployment, discipline, discharge, etc., the Director of Personnel and the
employing department director shall give greater weight to an employee's most
recent performance evaluation as opposed to earlier evaluations in considering
any potential change in the employee's current status with the office.
(Source: Amended at 32 Ill.
Reg. 15017, effective September 8, 2008)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.360 PROBATIONARY STATUS
Section 420.360 Probationary
Status
a) Probationary Period:
1) A probationary period of 6 months (979 hours for intermittent
and permanent part-time) shall be served by:
A) an employee who enters service or commences a new period of
continuous service;
B) an employee who is reinstated as provided under Section
420.420(b);
C) an employee who is appointed from an open competitive eligible
list, whether or not it is considered an advancement in rank or grade.
2) A probationary period of 3 months (489.5 hours for
intermittent and permanent part-time) shall be served by an employee who is promoted.
A probationary employee who is demoted or one who accepts a voluntary reduction
shall be required to serve a 3 month probationary period or the balance of the
original probationary period, whichever is greater. If the employee previously
held certified status in the class to which demoted or voluntarily reduced, no
probationary period will be required. A probationary employee transferred
during the probationary period shall serve that portion of the probationary
period that was not completed at the time of transfer. A probationary period
shall not be deemed to be continued by the payment of any sum for vacation or
other benefits during the probationary period.
3) If an employee is absent from work for more than 15 working
days during the probationary period, the absence shall serve to extend the
probationary period by the length of the absence. Any suspension shall extend
the probationary period by the length of the suspension, except that, if the
suspension is later reduced or rescinded, the reduced or rescinded time shall
not extend the probationary period.
b) Certified Status: A probationary employee shall attain
certified status only after successful completion of a probationary period.
Notice of certification will be promptly sent to the employee and the employing
department by the Director of Personnel.
(Source: Amended at 32 Ill.
Reg. 15017, effective September 8, 2008)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.370 PROMOTIONS
Section 420.370 Promotions
a) Definition: The appointment of an employee who has held
certified status during his/her current period of continuous service, with the
approval of the Department of Personnel, to a vacant position in a class having
higher qualifications, duties, responsibilities and maximum permissible salary
or rate than the former class.
b) Eligibility for Promotion:
1) The Director of Personnel may approve the promotion of
qualified employees who have established eligibility for the appropriate class
through open competitive examinations in accordance with merit standards set
forth in Section 420.300(a).
2) The Director of Personnel may approve the promotion of
qualified employees to a class for which the examination is closed, provided
the employee meets the minimum requirements of the class.
3) For
promotional purposes, a passing examination grade for the appropriate class is
valid for a 3 year period from the date of the examination. If the employee
retakes the examination within the 3 year period, the most recent passing grade
shall be the only one considered.
4) Employees
appointed to a trainee class for which an examination was required may be
promoted to the title for which they are training by passing the appropriate
examination or satisfying the requirements set forth in Section 420.320(b)(2).
c) Limitations on Promotions: No provisional, temporary,
emergency or exempt employee may be promoted. No probationary employee may be
promoted unless the employee has previously held certified status during the
current period of continuous service.
d) Failure to Complete Probationary Period:
1) A promoted, certified employee who fails to satisfactorily
complete the probationary period in the promoted position because of inability
to perform the duties and responsibilities of the new promoted position shall
be returned to a position in the class, department and locality and with the status
from which promoted.
2) An employee who is demoted or one who accepts a voluntary
reduction, during a probationary period shall serve a probationary period as
provided in Section 420.360(a) unless the employee had previously held certified
status in the former class, in which case the return shall be to certified
status.
3) A promoted employee previously certified may be discharged for
cause during the probationary period. The employee has the same rights to
appeal as a certified employee.
(Source: Amended at 32 Ill.
Reg. 15017, effective September 8, 2008)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.380 EMPLOYEE TRANSFERS
Section 420.380 Employee
Transfers
a) Transfers: A transfer is the assignment of an employee to a
vacant position in the same class to which most recently appointed or to a
position involving similar qualifications, duties, responsibilities and salary
range. Transfers shall not be made without prior approval of the Director of
Personnel.
b) Geographical
Transfer: Geographical transfer is the transfer of an employee from one
geographical location in the State to another for the performance of duties
other than temporary assignments or details for the convenience of the
employer. Geographical transfers shall be made only with the approval of the
Director of Personnel. An employee who refuses to accept a geographical
transfer must report for duty at the new location but may make written appeal
of the transfer to the Merit Commission within 15 days after the effective date
of the transfer. An employee shall be reimbursed for all reasonable
transportation and moving expenses incurred in moving to a new location because
of permanent geographical transfer unless the transfer was applied for by the
employee. Reasonable transportation and moving expenses shall be the lowest of
3 bids, unless the lowest bidder is not responsible or available. Notice of an
approved management directed geographical transfer shall be served on the
employee by the operating department in person or by certified mail, return
receipt requested, at the employee's last address appearing in the official
personnel file.
c) Merit
System Transfer: An employee of the State of Illinois who holds certified or
probationary status in a merit system other than the Secretary of State Merit
Employment Code, including employees under jurisdiction of the Personnel Code,
the State Universities Civil Service Act, the State Treasurer Employment Code or
the Comptroller Merit Employment Code, may be transferred to a position that is
subject to Jurisdiction B of the Merit Employment Code. The Director of
Personnel will verify that the positions are comparable by comparing the qualifications, duties, responsibilities
and salary range of the current
position to those of the new position prior to approval. The
transferred employee shall retain the same status and shall be given credit for
continuous service for uninterrupted service under the other merit systems.
d) Rights of Transferred Employees: A transferred employee shall
retain status, continuous service and all accrued benefits.
e) Transfer of Duties: When the duties of a position are
relocated by transfer or by abolition and reestablishment and when the duties
are substantially the same, the incumbent employee may elect to relocate and
retain the duties of the position.
f) Limitation on Transfers: Temporary, emergency, exempt,
trainee and provisional employees shall not be transferred.
(Source: Amended at 35 Ill.
Reg. 4278, effective March 1, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.390 DEMOTION
Section 420.390 Demotion
a) Definition:
1) Demotion is the assignment of an employee to a vacant position
in a class having a lower maximum permissible salary or rate than the class
from which the demotion was made for reasons of inability to perform the work
of the class from which the demotion was made.
2) Written statements of reason for demotion shall be filed by a
department director or other administrative authority with the Director of
Personnel or designee in the form and manner prescribed. The written statement
shall be signed and shall contain sufficient facts to show good cause for the
demotion. No demotion shall become effective without the prior approval of the
Director of Personnel or designee.
b) Notice to Employee: If the statement of reasons for demotion
of a certified employee is approved by the Director of Personnel or designee, 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 official personnel file.
c) Employee Obligations: Upon receipt by the employee of the
approved statement of reasons for demotion or upon the effective date of the demotion,
whichever is later, the employee shall leave the position to which assigned and
report for duty to the position to which demoted. The report shall be without
prejudice to right of 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 statement of
reasons shall be adjusted to reflect the demotion.
e) Appeal by Certified Employee: A certified employee who has
been served with an approved statement of reasons for demotion may appeal to
the Merit Commission, provided the appeal is made in writing within 15 days after
receipt of the approved statement of reasons for demotion.
f) Demotion of Other Employees: The Director of Personnel or
designee may approve the demotion of probationary employees. Notice of such
demotion shall be served on the employee by the Director of Personnel or
designee in person, or by certified mail, return receipt requested, at the
employee's last address appearing in the official personnel file.
g) Status of Demoted Employees: A demoted certified employee
shall be certified in the class to which demoted and shall not be required to
serve a new probationary period. Subject to Section 420.360(a), a demoted
probationary employee shall serve a new probationary period in the class to
which he/she is demoted.
(Source: Amended at 35 Ill.
Reg. 4278, effective March 1, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.400 LAYOFFS AND REEMPLOYMENT
Section 420.400 Layoffs and
Reemployment
a) For purposes of layoff and reemployment, Secretary of State
continuous service shall mean the period of uninterrupted service from the date
of entry into service with the Office of the Secretary of State, whether by
appointment or transfer.
b) Layoff Procedure:
1) A department may request the layoff of an employee because of lack
of funds, material change in duties or organization, or lack of work, or the
abolition of a position for any of these reasons. Based on class, department,
county or other designation, layoffs shall be within organizational units
justified by operations and approved prior to the layoff by the Director of
Personnel.
2) Based on class, department, county or other designation,
layoffs shall be within organizational units justified by operations and
approved prior to the layoff by the Director of Personnel. Within selected
designations and organizational units, employees will be laid off in order of
length of Secretary of State continuous service.
3) A proposed layoff is subject to the approval of the Director
of Personnel before becoming effective and shall include the following in the
organizational unit in which the layoff is proposed:
A) A list of all employees in the selected designation and
organizational unit showing status and total Secretary of State continuous
service;
B) A listing of the employees to be laid off;
C) An explanation of any layoff not in order of Secretary of State
continuous service;
D) An explanation of the organizational unit selected, identifying
the department, division, facility, geographical location, operational needs and
other elements deemed relevant by the department director.
c) Order of Layoff:
1) The following order shall be observed in implementing layoffs:
A) No certified or probationary employee may be laid off until all
temporary, emergency, provisional and trainee employees in the same class and
organizational unit are terminated;
B) No certified employee may be laid off until all probationary
employees in the same class and organizational unit are terminated.
2) Within status groups and in accordance with the layoff plan
submitted under subsection (b), consideration shall be given to performance
records and Secretary of State continuous service.
3) For purposes of this Section, "certified employee"
shall mean any employee who has satisfactorily completed a required period of
probation and/or attained certified status in any position during the
employee's current period of continuous service.
d) 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 Director of Personnel's approval
of the layoff plan.
e) Disapproval: The Director of Personnel may disapprove or
modify any layoff plan that results in a disproportionate impact on any
protected class, as defined by federal civil rights laws, judicial decisions
and the Illinois Human Rights Act [775 ILCS 5], within the layoff unit.
f) Notice
of layoff to the affected employee shall be given within a reasonable time
period after approval of the layoff plan by the Director of Personnel.
g) Reemployment Lists:
1) The Director of Personnel shall, before the effective date of
layoff, approve and establish a reemployment list, by class and department and
designated geographical area. A certified employee who has been laid off shall
be placed in order of length of Secretary of State continuous service on a
reemployment list for recall to the first available assignment to a position in
the class and department and designated geographical location or area in which
the employee was assigned prior to being placed on the reemployment list.
2) When circumstances warrant, at the discretion of the Director
of Personnel, the reemployment list may be established by related classes whose
duties are substantially similar to the class from which the employee was laid
off.
3) An employee whose name has been placed on the reemployment
list will also be eligible for reinstatement in accordance with Section
420.420(b).
h) Employment from Reemployment List: Whenever there is any
person available on a reemployment list for recall to a vacant position for the
same class, department and geographical area, no permanent position may be
filled by any of the following means:
1) By probationary appointment from the appropriate open
competitive list;
2) By provisional appointment;
3) By reinstatement of a former certified employee, except by an
employee on the reemployment list; or
4) By merit system transfer in.
i) Removal of Names from Reemployment List:
1) A laid off employee's name shall be removed from the
reemployment list when:
A) The employee is recalled from layoff;
B) The employee refuses an offer of permanent reemployment;
C) The employee's name has remained on the reemployment list for
12 months; or
D) The employee has been reinstated in accordance with Section
420.420(b).
2) Offers of temporary or emergency appointment shall not be
considered as recall or reinstatement.
j) Laid Off Probationary Employee:
1) The name of a probationary employee who is terminated as a
result of layoff before the completion of the probationary period shall be
returned to the eligible list with the same grade as when appointed, for the
remainder of his/her one year eligibility.
2) An employee serving a probationary period but otherwise
certified as defined in subsection (c)(3), who is to be laid off, shall be
given notice and may request a voluntary reduction pursuant to Section
420.410(a) and (c). If no voluntary reduction is effected, the employee will
be laid off and the employee's name placed on the reemployment list in order of
continuous service for the department, work location and title in which last certified.
(Source: Amended at 37 Ill.
Reg. 4282, effective April 1, 2013)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.410 VOLUNTARY REDUCTION
Section 420.410 Voluntary
Reduction
a) Voluntary Reduction of Certified and Probationary Employees:
1) Certified and probationary employees may voluntarily request
or accept assignment to a vacant position in a class having a lower maximum
permissible salary or rate. All requests for or acceptances of voluntary
reductions shall be in writing and shall be signed by the employee. No
reduction shall become effective without the written approval of the Director
of Personnel. A certified employee who is assigned and accepts a voluntary
reduction in grade shall be certified in the lower class without serving a probationary
period; provided, however, if reduction results in return to a trainee class or
other class for which there is no provision for certification in that class,
the individual's certification shall be terminated.
2) A probationary employee who accepts a voluntary reduction to a
position in which the employee has not held certified status shall serve the
remainder of the probationary period, or a 3 month probationary period,
whichever is greater. If the employee previously held certified status in the
class, no probationary period will be required.
b) Limitations in Voluntary Reduction: Temporary, emergency,
exempt, trainee and provisional employees shall not be granted a request for
voluntary reduction.
c) Employee Opportunity to Seek Voluntary Reduction: A certified
employee, as defined in Section 420.400(b)(3), who is subject to layoff as a
result of the Director of Personnel's approval of a layoff plan shall be
promptly notified of the effective date of layoff and shall then be advised of
the opportunity to request voluntary reduction to a current vacant position in
accordance with subsection (a). An employee seeking voluntary reduction must submit
a request in writing to the Director of Personnel prior to the proposed
effective date of layoff.
d) Order of Preference in Voluntary Reduction: In the event a
certified employee, as defined in Section 420.400(b)(3), requests voluntary
reduction as a result of his/her pending layoff, the certified employee shall
be preferred in continuous service order for any current vacant position in a
lower class within the same department and location in which the employee is
incumbent at the time of the layoff over any probationary or provisional
employees, any applicant on an eligible list for the vacant position, and any
certified employee requesting the reduction who is not subject to layoff.
(Source: Amended at 32 Ill.
Reg. 15017, effective September 8, 2008)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.415 SWORN PERSONNEL--INTER-AGENCY ASSIGNMENT
Section 420.415 Sworn
Personnel--Inter-Agency Assignment
a) Definition: The movement, either lateral or upward of an
employee, by request of the operating department and with the approval of the
Department of Personnel, to a vacant position especially created for an
Inter-Agency assignment. This movement shall not be considered the permanent
position of the employee assigned.
b) Eligibility for Inter-Agency Assignment: The employee must be
certified in a classification determined to be that of sworn personnel having
police authority by the Director of Personnel.
c) Limitations on Inter-Agency Assignments:
1) Inter-Agency assignments are voluntary.
2) The operating department must provide written notification of
an assignment, and the employee must give written acceptance.
3) The duration of the assignment is at the discretion of the
operating department director, but it shall be terminated within 10 working
days after receipt of a written request from the employee for termination.
4) No provisional, temporary, emergency or exempt employee as
referenced in Section 420.310(i) of this Part may be assigned.
d) Rights of Assigned Employees:
1) Assigned employees shall be placed on a Leave of Absence – Sworn
Personnel – Inter-Agency Assignment in accordance with Section 420.665.
2) Assigned employees shall retain status, continuous service and
all accrued benefits. Pay shall be consistent with the classification utilized
for the assignment until the return to the official position.
e) Temporary Assignment for Inter-Agency Assigned Employee's
Position: The operating department may temporarily assign another sworn
employee to perform the duties of the position vacated by the assigned employee
in accordance with Section 420.825.
(Source: Added at 21 Ill. Reg. 5937, effective April 24, 1997)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.420 RESIGNATION AND REINSTATEMENT
Section 420.420 Resignation
and Reinstatement
a) Resignation: An employee who voluntarily leaves the Office of
the Secretary of State shall, except in emergency circumstances approved by the
department director, give advance notice of intent not less than 15 calendar
days before the departure's effective date. Once a resignation has been
submitted by the employee, and accepted by the employing department director or
by the Department of Personnel, the resignation shall not be revoked unless the
revocation is requested by the employee and the revocation is approved by the
employing department director and the Director of Personnel. Resignation in
good standing shall mean that the employee gave the required notice or that the
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:
1) The Director of Personnel may reinstate an employee who was
formerly certified under the Secretary of State Merit Employment Code and who
resigned or terminated in good standing or whose name was placed on a
reemployment list. The reinstatement may be to a position in the class to
which the employee was assigned prior to resignation, termination, downward
allocation, transfer or layoff or to an equivalent or lower position in a
related series. The Director of Personnel may reinstate an employee who was
formerly certified under a merit system, including the Personnel Code, the State
Universities Civil Service Act, the State Treasurer Employment Code or the
Comptroller Merit Employment Code. A reinstated employee shall serve an
additional 6 months probationary period in the position. Requests for
reinstatement shall be accompanied by the employee's performance records when
available.
2) A certified employee whose name appears on a reemployment list
may be reinstated to a position other than a position to which the employee is
eligible for reemployment. Reinstatement to a position in a lower pay grade
than that for which the employee is eligible for reemployment shall have no
effect on the employee's reemployment rights. Reinstatement to an equal or
higher position than that for which the employee is eligible for reemployment
shall result in removal of the employee's name from the reemployment list upon
satisfactory completion of the new probationary period.
(Source: Amended at 36 Ill.
Reg. 12125, effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.430 DISCIPLINE, DISCHARGE, AND TERMINATION
Section 420.430 Discipline,
Discharge, and Termination
a) Progressive Corrective Discipline: Employees shall be subject
to corrective discipline progressively utilizing counseling, warnings and/or
suspensions, as the facts and circumstances dictate, prior to discharge, unless
the facts and circumstances warrant immediate discharge or suspension. If an
employee's work or work-related conduct remains unacceptable after the
application of progressive corrective discipline, the employee may be
discharged in accordance with the appropriate following subsections.
b) Discipline
− Warning Notices: A department director or designee may issue a warning
notice as a disciplinary measure. A copy of any warning notice shall be placed
in the employee's official personnel file and may be used in considering
further discipline, demotion, withholding of salary increases and other
personnel transactions. Any notice given shall bear the signature of the
issuing official.
c) Disciplinary
Suspensions: Written statements of reason for disciplinary suspensions without
pay totaling not more than 30 calendar days in any 12 month period shall be
filed by a department director or other administrative authority with the
Director of Personnel or designee in the form and manner prescribed. If the
employee is certified, and subject to suspensions totaling more than 30 calendar
days in any 12 month period, the department director or administrative
authority shall file written charges for such suspension with the Director of
Personnel or designee in the form and manner prescribed in the Merit Commission
Rules (80 Ill. Adm. Code 50). Before a disciplinary suspension shall be
effective, a signed request containing a clear and concise statement of facts
showing good cause to suspend the employee shall be approved by the Director of
Personnel. The employee shall be informed in writing of the charges prior to
the effective date of the proposed suspension and be provided with a reasonable
summary of the evidence. The employee shall have 4 working days after being
informed of the proposed suspension within which to address to the department
director or designee written rebuttal of the reasons given for the suspension.
A decision not to suspend the employee or to reduce the suspension shall be
rendered in writing to the employee and filed with the Director of Personnel.
Notice of such suspension imposed must also be filed immediately with the
Director of Personnel. If delay in the imposition of discipline will result in
clear harm or damage to a department, the employee may be suspended prior to
the review by the Director of Personnel.
d) Suspension Pending Decision on Discharge: A department may
suspend an employee, without pay, for up to 30 days pending the decision of the
operating department as to whether charges for discharge shall be filed against
the employee. The department shall, at the time of the suspension, provide the
employee with written reasons for the suspension in person or by certified
mail, return receipt requested, at the employee's last address appearing in the
personnel file. Notice of suspension must also be filed immediately with the
Director of Personnel. The department shall thereafter promptly investigate
the facts and circumstances and render its decision. Should the department
determine that the facts and circumstances do not warrant disciplinary
suspension or charges for discharge, the employee shall be made whole. Should
the department determine that a disciplinary suspension is appropriate, subsection
(c) shall apply in its entirety. Should the department determine that
discharge of the employee is appropriate, subsection (f) shall apply in its
entirety.
e) Definition
of Day for Suspension Purposes: A day, for purposes of suspension, shall be
defined as 7.5 hours, predicated on a 37.5 hour work week, unless the employee
is in a position requiring a 40 hour week, in which case the day shall be 8.0
hours. Intermittent and permanent part-time employees' day for purposes of
suspension shall be prorated based on their work schedule.
f) Discharge of Certified Employee:
1) Discharge of a certified employee may be initiated by a
department director or other administrative authority by filing written charges
for discharge with the Director of Personnel in the form and manner prescribed
by the Director of Personnel, as specified in the Merit Commission Rules. Written
charges shall contain a clear and concise statement of facts showing good cause
for discharge and other supporting documentation, if applicable. No discharge
of a certified employee shall be effective without the approval of the written
charges for discharge by the Director of Personnel or designee.
2) Before a discharge shall be effective, the certified employee
shall receive a written copy of the charges and a copy of a reasonable summary
of the evidence designed to give the employee sufficient information to respond
to the charges against him or her, and have at least 4 working days within
which to respond to the charges with reasons and evidence why discharge should
not occur. The certified employee's response, which should include matters in
defense and/or mitigation, shall be presented to the Director of Personnel in
writing before 4:30 p.m. on the fourth working day after the certified employee
has received notice of the proposed discharge, counting the day of service as
the first day. The certified employee shall be suspended pending discharge for
these four working days, and shall remain suspended until a final decision on
discharge shall be made. These 4 working days shall not increase the maximum
suspension periods allowed pursuant to subsection (c). If the Director of
Personnel has attempted service on the individual through mail or other carrier
service and personal delivery and yet is unable to make service on the
individual, the Director of Personnel may file a motion with the Secretary of
State Merit Commission seeking a determination that service has been
accomplished through due diligence. The motion may be filed any time after 30
days have lapsed from the date service is first attempted on the individual.
Service of the motion on the individual shall be by regular mail at the
individual's last known address. The motion shall set forth the actions of the
Secretary of State's Office with respect to service on the individual. A
hearing shall be scheduled within 10 days after the filing of the motion. An
order shall be entered at the conclusion of the hearing. If due diligence is
shown, an order shall be entered stating that service has been attempted and
accomplished for purposes of this subsection. The time period for the individual
to appeal the dismissal with the Merit Commission begins on the date of the
order.
3) After receipt of the certified employee's response to the
proposed discharge, the Director of Personnel or designee shall carefully
consider all matters submitted by the employee. The Director of Personnel or
designee may consult with the employing department director before a final
decision on discharge is made. The Director of Personnel or designee shall
make a decision within a reasonable time. If more than 10 working days is
required, the employee shall be notified in writing by hand delivery, by
certified mail, return receipt requested, by courier, or by process server.
The final notice of discharge shall contain a statement that the response of
the certified employee was considered before a final decision was made, or that
no response was submitted. The procedures of subsections (f)(1) and (g) shall
then apply.
g) Notice to Employee: Notice of approved charges for any
disciplinary suspension or approved charges for discharge shall be served on
the employee, by hand delivery by Secretary of State personnel, by certified
mail, return receipt requested, by courier, or by process server at the
employee's last address appearing in the official personnel file. The notice
shall also identify the employee's responsibility to return to the supervisor
any items furnished the employee by the Office of the Secretary of State, including
any Secretary of State identification, uniforms, keys, supplies, tools or
property, and to leave the place of employment as of the effective date of the
suspension or discharge pursuant to Section 420.435.
h) Employee Obligations: Upon receipt by the employee of charges
for discharge, the employee shall return to the supervisor any items belonging
to the State, pursuant to Section 420.435 and leave the place of employment.
The director of the employing department shall take action to insure compliance.
i) Appeal by Employee: A certified employee who has been served
with approved charges for suspension totaling more than 30 calendar days in a 12
month period or approved charges for discharge may make a written request to
the Merit Commission for hearing of those charges within 15 calendar days of
receipt of written charges.
j) Discharge or Suspension of Probationary Employee: Discharge
or suspension of a probationary employee may be initiated by filing written
charges with the Director of Personnel in the form and manner prescribed
by the Director of Personnel. Written charges shall contain a clear and concise
statement of facts showing good cause for suspension or discharge and other
supporting documentation if applicable. No suspension or discharge of a
probationary employee shall be effective without the approval of the written
charges by the Director of Personnel or designee.
k) Reinstatement from Suspension or Discharge: An employee who
is reinstated following a period of suspension or discharge shall receive full
compensation for that period. Full compensation shall represent total pay, with
any vacation and sick leave benefits the suspended or discharged employee would
have earned in the position classification during the period of suspension or
discharge, less amounts earned by the employee from any other source, and
unemployment compensation payments received during the period.
l) Suspension
or Discharge Resulting from Arrest and/or Criminal Indictment:
1) The
arrest or criminal indictment of any employee shall not be grounds for
suspension or discharge. However, the facts of an arrest or criminal indictment
made known to the Director of Personnel 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;
B) Occurred
on or proximate to State premises and as a result of the employee's conduct,
including conduct that may have violated standards of conduct; or
C) Raises
reasonable doubt concerning the employee's suitability for continued State
employment in the present assignment or position based upon the severity and
nature of the offense.
2) If an
employee is not subject to suspension or discharge under this Section, the
Director of Personnel or designee may, depending upon the needs of the office
or at the request of the employee, place the employee on indefinite leave
status, without pay, pending a final court determination of innocence or guilt
in accordance with Section 420.660.
m) Termination of Noncertified Employee: No noncertified employee
may be terminated without prior approval of the Director of Personnel. The
noncertified employee has no recourse with this Part or the Merit Commission.
(Source: Amended at 36 Ill.
Reg. 12125, effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.435 RETURN OF STATE PROPERTY
Section 420.435 Return of
State Property
Employee Obligations: In cases
of discharge, layoff, leave of absence, resignation, separation, suspension,
and/or termination of employment, the employee shall leave the place of
employment and return to the supervisor any State property or equipment
furnished the employee by the Office of the Secretary of State. This includes
but is not limited to any Secretary of State identification, uniforms, keys,
supplies, tools, cell phones, business cards, laptop computers or other property.
The director of the employing department shall take action to insure
compliance.
(Source: Amended at 32 Ill.
Reg. 15017, effective September 8, 2008)
SUBPART D: CONDITIONS OF EMPLOYMENT
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.600 GRIEVANCE PROCEDURE
Section 420.600 Grievance
Procedure
a) Definition: Any employee of the Office of the Secretary of
State may grieve as to the application of the Merit Employment Code, this Part
or any policy arising under this Part as to the impact of the applications upon
the employee's employment condition or status. The grievance must be filed on
the form prescribed by the Director of Personnel.
b) Limitation: The Secretary of State Merit Employment Code, this
Part and the official policy arising under this Part, the Pay Plan, and the
Rules of the Merit Commission (80 Ill. Adm. Code 50) are not grievable matters.
Terminations of noncertified employees, layoffs, charges seeking discharge,
demotions, suspensions totaling more than 30 days in any 12 month period of
certified employees, appeals of allocation of duties, or geographical transfers
are not subject to the grievance procedure.
c) Abandonment – Extension: Failure of the grievant to comply
with the form or time requirements of the grievance procedure shall result in
forfeiture of the grievance, ending the grievance process. Failure of the
employer to comply with the time requirements shall automatically advance the
grievance to the next level. The parties may mutually extend the time limits
at any level of the procedure, except in cases of hearings arising from
demotion or discharge of a certified employee.
d) Representation:
Parties to a grievance may be represented by themselves or by a person of their
own choosing at any level of the proceedings.
e) Grievance Procedure – Level 1:
1) Employees who believe that they are aggrieved may within 5
scheduled work days of knowledge of the circumstance giving rise to the grievance,
present their grievance in writing on the prescribed form to their immediate
supervisor and it shall contain a specific statement as to the nature of the
grievance. The supervisor shall attempt to adjust the problem, or, if he/she
is without authority to do so, he/she shall advise the employee as to the
appropriate beginning level for institution of their grievances.
2) Immediate supervisors who are authorized to resolve grievances
shall note the receipt date of the grievances and shall make response within 10
working days.
f) Grievance Procedure – Level 2:
1) If an employee does not accept the response of an appropriate
supervisor at Level 1, the employee may present the grievance to the department
director or designee. The grievance shall be submitted within 10 working days after
the employee's official notification of the supervisor's decision at Level 1
and it shall contain a specific statement as to the nature of the grievance and
as to the reason for rejecting the resolution of the immediate supervisor.
2) The department director or designee shall note the receipt date
of the grievance and shall make written response within 10 working days. The
written response shall be specific as to the reasons for approval or denial of
the grievance. In making a decision, the department director or designee may
make an investigation of the problem.
g) Grievance Procedure – Level 3:
1) An aggrieved employee who does not accept the decision
received at Level 2 may forward a written request on the prescribed form to the
Director of Personnel. The request shall be filed within 10 working days after
the employee's receipt of the Level 2 decision and it shall be specific as to
the reasons for rejection of that decision.
2) The Director of Personnel or designee, in his or her
discretion, shall review the matter on its face or cause a meeting of the
parties. Following the review, or upon receipt and review of the
recommendation from the designee, the Director of Personnel shall release a
decision to all of the parties. The decision shall be in writing and shall be
final and binding upon the parties.
3) If a
meeting is granted by the Director of Personnel under subsection (g)(2), the
Director of Personnel or designee shall designate the location and time of
grievance meetings and notify in writing all parties involved. The Director of
Personnel or designee shall grant a continuance if either party demonstrates
good cause. At the meeting, the parties to a grievance may introduce such
materials, documents and witnesses as are necessary to resolve the problem. A
list of all witnesses anticipated to be called and documents to be presented
shall be submitted to the Director of Personnel 5 working days prior to the
meeting. Necessary documents maintained by the Office of the Secretary of State
shall be reproduced without cost. Witnesses who are employees of the Office of
the Secretary of State shall not be docked for absence from work while
testifying at a grievance meeting. Should a dispute arise as to the necessity
of certain appearances or of the reproduction of certain documents, the
Director of Personnel shall be advised and shall resolve the dispute.
(Source: Amended at 35 Ill.
Reg. 4278, effective March 1, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.610 SICK LEAVE
Section 420.610 Sick Leave
a) Sick Leave Definition: All employees, except those in
emergency, permanent part-time, intermittent, per diem, or temporary status,
unless the status is the result of accepting a nonpermanent working assignment
in another class, shall accumulate sick leave at the rate of one day for each
month's service. Intermittent and permanent part-time employees shall accrue
sick time on a prorated hourly basis determined by a ratio, the numerator of
which shall be number of hours in pay status each month and the denominator of
which shall be the number of normal work hours that month.
b) Accumulation of Sick Leave: Employees shall be allowed to
carry over from year to year of continuous service any unused sick leave. An
employee shall retain any unused sick leave accumulated prior to December 1,
1980.
c) Reinstatement of Sick Leave:
1) On or after the effective date of this Section, accumulated
sick leave available at the time an employee's continuous service is
interrupted shall, upon verification, be reinstated to the employee's account
upon return to full-time, regularly scheduled part-time, or intermittent
employment, except in temporary or emergency status. This reinstatement is
applicable provided the interruption of service occurred not more than 5 years
prior to the date the employee reenters service and provided the sick leave has
not been credited by the appropriate retirement system towards retirement
benefits.
2) An employee with previous service for which sick leave was
granted under provisions other than Jurisdiction C of the Code shall have the
sick leave reinstated to the extent provided under this Section.
d) Advancement
of Sick Leave: An employee with more than 2 years continuous service whose
personnel records warrant it may be advanced sick leave with pay for not more
than 10 working days, with the written approval of the department and the
Director of Personnel. Advances will be charged against sick leave accumulated
later in subsequent service. No additional advance of sick time will be made
until all previously advanced time is repaid.
e) Use of Sick Leave:
1) Sick
leave shall be used in the following order:
A) Sick
leave granted prior to January 1, 1984 will be used first;
B) Sick leave granted
beginning January 1, 1998 will be used second;
C) Sick
Leave granted from January 1, 1984 through December 31, 1997 will be used last.
2) Sick
leave may not be used in increments of less than ½ hour at a time, but in
conjunction with the first ½ hour may be taken in additional 15-minute
increments. Permanent part-time and intermittent employees may use sick time in
15-minute increments.
3) Sick
leave may be used for illness, disability or injury of the employee or
appointments with doctor, dentist or other professional medical practitioner,
and also may be used for not more than 30 days in one calendar year in the
event of serious illness, disability, injury, or death of a member of the
employee's immediate family, unless such time is used pursuant to the Family
Medical Leave Act (29 USC 2601 et seq.).
4) The
employing department or the Department of Personnel shall, when there is
apparent abuse, require evidence to substantiate that sick leave days were used
for the purposes set forth in subsection (e)(3). For periods of absence of more
than 5 consecutive workdays, the employee shall provide verification for the
absence in accordance with the provisions of Section 420.760(b)(4).
5) Employees
may be granted up to 3 days (a day being equal to his/her actual workday) of
paid leave time, in addition to the use of sick time allowed in subsection
(e)(3), to attend services and related events and make necessary arrangements
upon the death of a member of his/her immediate family. For purposes of this
subsection (e)(5), immediate family includes father/step-father,
mother/step-mother, brother/step‑brother, sister/step-sister,
son/step-son, daughter/step‑daughter, spouse, parties to a marriage, domestic
partner (established prior to 6-1-11), party to a civil union, child (including
adopted, custodial or in-law), grandparent, grandchild, parent-in-law, brother
or sister-in-law, niece, nephew, aunt and uncle. The employee may be required
to provide documentation as to the necessity for absences covered by this
subsection (e)(5).
f) Payment in Lieu of Sick Leave:
1) Unless otherwise provided by law, upon separation of
employment by means of resignation, retirement, death, indeterminate layoff, or
discharge, and if the employee is not employed in another position in State
service within 4 calendar days of the separation, an employee is entitled to be
paid for unused sick leave which accrued on or after January 1, 1984 and prior
to January 1, 1998 in accordance with subsection (e)(3).
2) The amount of sick leave to be paid upon termination of
employment will be determined as follows:
A) using time records from the employing department, the
Department of Personnel will verify the employee's sick leave balance for sick
leave earned, but not taken, in the period from January 1, 1984 up to and
including December 31, 1997;
B) the employees will be paid one-half of the amount of sick leave
days determined in subsection (e)(2)(A), multiplied by the daily salary rate in
effect at the time of separation.
3) The method for computing the hourly or daily salary rate for
sick leave qualifying for lump sum payment upon separation of employment shall
be determined by Payroll.
4) If an employee has a negative sick leave balance pursuant to subsection
(d) when employment is separated, the employing department must submit this
negative sick leave balance to Payroll, where one of the following will be
applied:
A) Subtract the negative sick leave balance from the earning
amount still due to the employee by the Secretary of State.
B) Contact employing department, stating dollar amount of
overpayment to employee. The employing department then has the responsibility
of contacting the employee regarding the dollar amount due to the Secretary of
State, payable by personal check or money order.
C) If no repayment occurs, Payroll will establish a lien against
any State of Illinois monetary payment due to the employee through the
Comptroller for the negative sick leave balance owed to the Secretary of State.
5) An employee who is reemployed, reinstated or recalled from
indeterminate layoff and who received lump sum payment in lieu of unused sick
days will have the days restored by doing the following:
A) The employee must notify the employing department to request restoration
of the previously paid unused sick days to the employee's sick leave account;
and
B) The employee must repay the gross (total) amount paid by the
State (before deductions) to the Secretary of State by personal check or money
order. The employing department will forward the employee's repayment to
Payroll before unused sick days are returned to the employee's sick leave
account.
g) Pursuant
to the Secretary of State Merit Employment Code [15 ILCS 310/10b.18], an
employee who is also a veteran shall be permitted 4 days with pay per year to
visit a veterans' hospital for examination of a military service connected
disability. Upon submitting proof of the visit, the 4 days shall not be charged
against any sick leave currently available to the employee.
(Source: Amended at 39 Ill.
Reg. 14182, effective October 19, 2015)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.620 PERSONAL LEAVE
Section 420.620 Personal Leave
a) All employees, except those in emergency, per diem or
temporary status, shall be permitted 3 personal leave days with pay each
calendar year.
b) Partial Year Credit
1) Employees
entitled to receive personal leave who enter service during the calendar year
shall be given credit for personal leave as follows:
|
January 1 through February 14
|
3 days or 22.5 hours
|
|
February 15 through April 15
|
2½ days or 18.75 hours
|
|
April 16 through June 15
|
2 days or 15.0 hours
|
|
June 16 through August 15
|
1½ days or 11.25 hours
|
|
August 16 through October 15
|
1 day or 7.5 hours
|
|
October 16 through December 15
|
½ day or 3.75 hours
|
2) Personal leave time will not be available for use or credited
to the employee's account for 90 days from the date of appointment for
employees who are commencing a new period of continuous service.
c) Personal leave may not be used in increments of less than ½
hour at a time, but in conjunction with the first ½ hour may be taken in additional
15-minute increments. Permanent part-time and intermittent employees may use
personal leave time in 15-minute increments.
d) Except for those emergency situations that preclude the making
of prior arrangements, personal leave shall be scheduled in advance. Personal
leave days may be used for personal reasons but shall not be used to extend a
holiday or annual leave except as permitted in advance by the department
through written approval.
e) Unless subsection (b) applies, personal leave shall not
accumulate from calendar year to calendar year, nor shall any employee be
entitled to payment for unused personal leave upon separation from service,
except as provided in Section 10c(2) of the Code.
(Source: Amended at 35 Ill.
Reg. 4278, effective March 1, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.630 ON-THE-JOB INJURY INDUSTRIAL DISEASE (REPEALED)
Section 420.630 On-The-Job
Injury – Industrial Disease (Repealed)
(Source: Repealed at 36 Ill.
Reg. 12125, effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.640 LEAVES OF ABSENCE WITHOUT PAY
Section 420.640 Leaves of
Absence Without Pay
Unless otherwise provided for in
a specific leave and with prior approval of the Director of Personnel, leaves
of absence may be granted without pay to employees for periods not to exceed 6
months. Employees must provide proper documentation to support their request
for leave prior to the approval of the leave. Leaves may be extended for good
cause by the department for additional 6 month periods, with the Director of
Personnel's approval. An employee who returns from a leave granted under this Section
shall have the rights set forth in Section 420.680.
(Source: Amended at 35 Ill.
Reg. 4278, effective March 1, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.645 FAMILY LEAVE
Section 420.645 Family Leave
This leave of absence shall be
considered separate and apart from the Family and Medical Leave Act of 1993 (29
USC 2601 et seq.) leave and Family Military Leave Act [820 ILCS 151] leave. When
FMLA does not apply or the employee does not qualify under FMLA, an employee
may request a family leave for the adoption of a child or for parental reasons
or other family emergencies. This leave can endure from one to 90 calendar
days without pay and without deduction of continuous service. If requested and
approved by the employing department, an additional 90 days will be allowed.
However, the subsequent 90 to 180 calendar days will be deducted from
continuous service. This leave may be utilized, if requested and with prior approval
by the employing department and the Department of Personnel, for additional
leave after a disability leave for maternity purposes. An employee who returns
from a family leave shall have the rights set forth in Section 420.680.
(Source: Amended at 36 Ill.
Reg. 12125, effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.650 LIMITATIONS ON LEAVES OF ABSENCE
Section 420.650 Limitations
on Leaves of Absence
No emergency or temporary
employee shall be granted leaves of absence except as provided in Section 420.760(g)
(on-the-job injury or illness) and Section 420.760(e) (disability).
(Source: Amended at 36 Ill.
Reg. 12125, effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.660 LEAVES OF ABSENCE SPECIAL
Section 420.660 Leaves of
Absence – Special
The Director of Personnel may
approve special leaves of absence with or without pay when those leaves would
benefit the Office of the Secretary of State. An employee who returns from a
leave granted under this Section shall have the rights set forth in Section
420.680.
(Source: Amended at 35 Ill.
Reg. 4278, effective March 1, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.665 LEAVES OF ABSENCE SWORN PERSONNEL INTER-AGENCY ASSIGNMENT
Section 420.665 Leaves Of
Absence – Sworn Personnel – Inter-Agency Assignment
The Director of Personnel shall
grant leaves of absence to sworn personnel for an Inter-Agency assignment
accepted for the duration of the assignment. When an employee returns from this
leave, the department shall return the employee to the same or similar position
in the class in which the employee was incumbent prior to the commencement of
such leave.
(Source: Added at 21 Ill. Reg. 5937, effective April 24, 1997)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.670 LEAVES OF ABSENCE SPECIAL SALARY (REPEALED)
Section 420.670 Leaves of
Absence – Special – Salary (Repealed)
(Source: Repealed at 32 Ill.
Reg. 15017, effective September 8, 2008)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.680 EMPLOYEE RIGHTS AFTER LEAVE
Section 420.680 Employee
Rights After Leave
a) When an employee returns from a leave of absence of 6 months
or less, the department shall return the employee to the same or similar
position in the class in which the employee was incumbent prior to the
commencement of the leave.
b) Except for those leaves granted under Sections 420.665, 420.705,
420.710 or 420.760(g) and when an employee returns from a leave or leaves
exceeding 6 months and there is no vacant position available to the employee in
the same class in which the employee was incumbent prior to the leave or leaves
commencing, the employee may be laid off without consideration of continuous
service and, if laid off, the employee's name shall be placed on the
reemployment list.
c) Except for those leaves granted under Sections 420.665,
420.690, 420.710 or 420.760(g), an employee shall resign his/her employment or
be terminated from employment once he/she has been continuously out on leave of
absence for 2 calendar years.
(Source: Amended at 39 Ill.
Reg. 14182, effective October 19, 2015)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.690 LEAVE OF ABSENCE ELECTION TO PUBLIC OFFICE
Section 420.690 Leave of
Absence – Election to Public Office
Employees who are elected to
public office will, upon request, be granted a leave of
absence without pay for so long as the employee remains an
elected officer or for a period of 5 years, whichever is shorter, and
shall be returned to the same or comparable position from which the employee
was on leave provided the request to return is made within 30 calendar days
following termination of the elected office. [15 ILCS 310/12]
(Source: Amended at 46 Ill. Reg. 19704, effective November 23, 2022)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.700 FAILURE TO RETURN FROM LEAVE OF ABSENCE
Section 420.700 Failure to
Return from Leave of Absence
Failure to return from a leave
of absence, extend the leave or voluntarily terminate employment within 5
working days after the expiration or termination date shall be considered
grounds for disciplinary action, up to and including discharge for job
abandonment in accordance with Section 420.430(f) and (j).
(Source: Amended at 35 Ill.
Reg. 4278, effective March 1, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.705 NATIONAL SERVICE LEAVE
Section 420.705 National
Service Leave
a) An employee who volunteers and is accepted for service,
pursuant to the National Community Service Trust Act of 1993 (42 USC 12501 et
seq.) in the overseas or domestic Peace Corps, Job Corps, AmeriCorps VISTA, or
other equivalent national service program shall be given a leave of absence
from his/her position for the duration of the service.
b) Prior to granting a National Service Leave, an employee must
provide acceptable documentation from the service agency as to the type and
dates of service.
c) Upon return from a National Service Leave, an employee shall
be restored to the same or similar position, provided that the employee returns
to employment within 90 days after termination of the service or release from
hospitalization resulting from a disability incurred during the service.
(Source: Added at 36 Ill.
Reg. 12125, effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.710 MILITARY LEAVE
Section 420.710 Military
Leave
a) Leaves
of absence shall be granted to all employees, except temporary or emergency
employees, who leave their positions and enter military service for 4 years or
less, or as may be required by law.
b) Upon return
from military leave, the employee shall be restored to the same or similar
position on making an application to the Director of Personnel within 90 days
after separation from active duty, or after release from hospitalization
continuing after discharge but for not more than one year. The employee must
provide evidence of satisfactory completion of training and military service
when making application and must be qualified to perform the duties of the
position.
c) Subject to the provisions of Section 420.310(f), a veteran who
returns to service with the Office of the Secretary of State after having been
granted a military leave of absence from provisional status shall be required
to pass the same or similar examination for his/her position within the remaining
balance of the 6 month provisional period or 90 days, whichever is greater.
(Source: Amended at 36 Ill.
Reg. 12125, effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.715 DISASTER SERVICES LEAVE WITH PAY
Section 420.715 Disaster Services Leave with Pay
In accordance with the Disaster Service Volunteer Leave Act
[5 ILCS 335], a permanent 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 Agency
Act [20 ILCS 3305], the Emergency Management Assistance Compact Act [45 ILCS 151],
or other applicable administrative rules, may be granted leave with pay for up
to 20 working days in any 12 month period for disasters in the United States or
its territories. The leave may be granted upon request of the American Red
Cross or the Illinois Emergency Management Agency. The leave is subject to the
approval of the Director of Personnel based upon operational needs. Proper
documentation to support the request for leave must be submitted prior to the
approval of the leave. Disasters must be designated at a Level III or above in
the American National Red Cross Regulations and Procedures. No temporary or
emergency employees shall be granted this leave. An employee who returns from a
leave granted under this Section shall have the rights set forth in Section
420.680.
(Source: Amended at 35 Ill.
Reg. 4278, effective March 1, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.720 LEAVE FOR ANNUAL MILITARY RESERVE TRAINING OR SPECIAL DUTY
Section 420.720 Leave for
Annual Military Reserve Training or Special Duty
a) Any employee who is a member of a reserve component of the
Armed Services, the Illinois National Guard or the Illinois Naval Militia shall
be allowed annual leave with pay for one full pay period during any one State
fiscal year and such additions or extensions to fulfill the military reserve
obligation. These leaves will be granted without loss of continuous service or
other accrued benefits.
b) In the case of an emergency call-up (or order to State active
duty) by the Governor, the leave shall be granted for the duration of the
emergency with pay and without loss of seniority or other accrued benefit.
Military earnings for the emergency call-up paid under the Military Code of
Illinois [20 ILCS 1805] must be submitted and assigned to the employing department,
and the employing department shall return it to the payroll fund from which the
employee's payroll check was drawn. If military pay exceeds the employee's
earnings for the period, the employing department shall return the difference
to the employee.
c) To be eligible for military reserve leave or emergency call-up
pay, the employee must provide the employing department with a certificate,
requiring the military reserve or emergency call-up duty, from the commanding
officer of his/her unit prior to commencement of the duty.
d) Any employee who is a member of any reserve component of the
United States Armed Forces or of any reserve component of the Illinois State
Militia shall be granted leave from State employment for any period actively
spent in military service, including basic training and special or advanced
training, whether or not within the State, and whether or not voluntary.
e) During basic training and up to 60 days of special or advanced
training, if the employee's compensation for military activities is less than
his/her compensation as a State employee, he/she shall receive his/her regular
compensation as a State employee minus the amount of his/her base pay for
military activities. During this training, the employee's continuous service
and other benefits shall continue to accrue.
f) An
employee who returns from a leave granted under this Section shall have the
rights set forth in Section 420.680.
(Source: Amended at 35 Ill.
Reg. 4278, effective March 1, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.730 LEAVE FOR MILITARY PHYSICAL EXAMINATIONS
Section 420.730 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 such draft. Upon request, the employee must
provide the employing department with certification by a responsible authority
that the period of leave was actually used for such purpose.
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.740 LEAVE TO TAKE EXEMPT POSITION
Section 420.740 Leave to
Take Exempt Position
The Director of Personnel may
approve leaves of absence for certified employees who accept appointment in a
position that is exempt from Jurisdiction B of the Merit Employment Code. These
leaves of absence may be for a period of one year or less and may be extended
for additional one-year periods. At the expiration of the leave of absence, an
employee shall be restored to the same or similar position with continuous
service, including the period of the leave, upon making application to the
employing department that granted the leave of absence.
(Source: Former Section 420.740
repealed at 32 Ill. Reg. 15017, effective September 8, 2008; new Section added
at 39 Ill. Reg. 14182, effective October 19, 2015)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.745 BLOOD/ORGAN/TISSUE DONATION LEAVE
Section 420.745
Blood/Organ/Tissue Donation Leave
In accordance with the Organ
Donor Leave Act [5 ILCS 327], a permanent full-time, part-time or intermittent
employee who has been employed with the Office of the Secretary of State for at
least 6 months, with approval of the employing department, will be granted paid
leave to donate an organ, bone marrow, blood or blood platelets under the
following conditions:
a) Up to
30 days in a 12 month period to serve as an organ or bone marrow donor. In order to be granted paid leave for organ or bone
marrow donation, proper medical leave paperwork must be completed in advance of
the leave. Paid leave time does not apply to time off taken for the
purpose of preliminary compatibility testing and/or screening for organ or bone
marrow transplant.
b) Up to 1 hour in a 56 day period to donate or attempt to donate
blood, with prior approval from the immediate
supervisor and proof of donation provided.
c) Up to 2 hours or more, if
necessary, to donate blood platelets in accordance with appropriate medical
standards established by the Red Cross or other nationally-recognized standards,
with prior approval from the immediate supervisor and proof of donation
provided. Blood platelet donation may not be granted more than 24 times in a 12
month period.
d) An employee will not be
required to use accumulated benefit time before becoming eligible for a
Blood/Organ/Tissue Donation Leave.
(Source: Added at 36 Ill.
Reg. 12125, effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.750 SCHOOL VISITATION LEAVE
Section 420.750 School
Visitation Leave
Pursuant to the School
Visitation Rights Act [820 ILCS 147], an
employee with no other available Personal Leave, Vacation Leave, Compensatory
Time, or Holiday Compensatory Time shall be granted up to 8 hours of time off
without loss of pay or benefits during the school year to visit a dependent
child's school for parent-teacher meetings or at the special request of the
school authorities. Except in documented extenuating circumstances, an employee
must request the time off at least 3 working days in advance. The employee must
provide documentation from school authorities indicating the leave time was
used for the purpose intended.
(Source: Added at 36 Ill.
Reg. 12125, effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.760 NON-SERVICE CONNECTED AND SERVICE CONNECTED DISABILITY LEAVE
Section 420.760 Non-service
Connected and Service Connected Disability Leave
a) Employees who are unable to perform a substantial portion of
their regularly assigned duties due to temporary physical or mental disability
shall, upon request, or approval of a claim under the Workers' Compensation Act
[820 ILCS 305] or Workers' Occupational Diseases Act [820 ILCS 310], be granted
a non-service or service-connected disability leave for the duration of the
disability. A substantial portion of regularly assigned duties shall be those
duties or responsibilities normally performed by the employee that constitute a
significant portion of the employee's time or that constitute the factors
differentiating that particular position from other positions, provided the
balance of the duties can be reassigned by the department.
b) In granting the leave, the Director of Personnel shall apply
the following standards:
1) As soon as the employee becomes aware of an impending period
of disability, the employee shall notify the appropriate supervisor and provide
a written statement by the attending physician or other authority of the
approximate length of time the employee will be unable to perform regularly
assigned duties;
2) A request for disability leave shall be in writing, except
when the department is advised by other appropriate means of the employee's
disability. In this event, the employee's signature is not required;
3) Except for service-connected disability as provided in subsection
(g), the employee shall have exhausted available sick leave provided under
Section 420.610 prior to being granted a disability leave; an employee may use
other accrued paid time for this purpose, but is not required to do so;
4) During a disability leave, the disabled employee shall provide
written verification by a person licensed under the Medical Practice Act of
1987 [225 ILCS 60] or under similar laws of Illinois or of other states or
countries, or by an individual authorized by a recognized religious denomination
to treat by prayer or spiritual means. The verification shall show the
diagnosis, prognosis and expected duration of the disability and shall be made
no less often than every 30 days during a period of disability, unless the
nature of the disability precludes the need for such frequency of verification;
c) Termination of Leave:
1) Failure of an employee to provide verification of continued
disability upon reasonable request shall, on due notice, cause termination of the
leave.
2) An employee's disability leave shall terminate when the
employee is no longer temporarily disabled and is capable of performing
regularly assigned duties.
A) An employee is no longer temporarily disabled when he/she is
able to perform regularly assigned duties upon advice of the appropriate
authority (i.e., attending physician, an impartial physician, or other
authority).
B) An employee is no longer temporarily disabled when he/she is found
to be permanently disabled and unable to perform a substantial or significant
portion of his/her regularly assigned duties by the appropriate authority, or
in the absence of that authority, by the attending physician.
C) If the department has reason to believe that an employee is able
or unable to perform a substantial portion of the regularly assigned duties, it
may seek and rely upon the decision of an impartial physician or other
specialist licensed pursuant to the Medical Practice Act [225 ILCS 60] in the
field of the alleged disability chosen by agreement of the parties or, in the
absence of an agreement, upon the decision of an impartial physician or other
specialist licensed pursuant to the Medical Practice Act who is selected by the
Director of Personnel or SERS TRISTAR.
D) In determining whether to approve a requested discharge of an
employee for failure to return from a disability leave or for physical
inability to perform the duties of a position, the Director of Personnel may
seek and rely upon the advice of the State Employees Retirement System or other
appropriate authority, including an impartial physician selected in accordance
with subsection (c)(2)(C).
d) An employee who returns from a disability leave shall have the
rights set forth in Section 420.680 or subsection (g)(6), whichever applies.
e) An employee who is on disability leave while in temporary or
emergency status, except if that status results from a leave of absence to
accept a temporary or emergency position, shall be eligible for disability
leave for the balance of the appointment and shall earn or accrue no other
benefit arising from this Part.
f) Up to 12 weeks of leave time out of any 12 month period may be
designated as leave time under the Family and Medical Leave Act (FMLA) (29 USC
2601 et seq.). Designated FMLA leave time will run concurrently with the
disability leave or workers' compensation grace time, provided the absence is
due to a qualifying serious injury or illness.
g) An employee who suffers an on-the-job injury or illness and is
unable to perform a substantial portion of the regularly assigned duties in
accordance with subsection (a) shall also be subject to the following:
1) Upon request, an employee will be allowed full pay for 3
working days of absence without utilization of any accumulated sick leave or
other benefits if a workers' compensation claim is filed and approved pursuant
to the Workers' Compensation or Workers' Occupational Diseases Act.
2) Starting with the 4th working day of absence, the
employee shall be permitted, but not required, to utilize accumulated sick
leave or other benefit leave time, or may be granted a non-service disability
leave of absence pending outcome of the employee's workers' compensation claim.
During the leave granted under this subsection (g)(2), the employee may not
apply for disability benefits with the Illinois State Employees Retirement
System. The employee shall not be required to exhaust available sick time
accumulated in accordance with Section 420.610 to be granted this leave.
3) If the employee's workers' compensation claim is deemed
subject to benefits provided in the Workers' Compensation or Workers' Occupational
Diseases Act, the employee will be placed on a service-connected disability
leave of absence. The employee shall not be required to exhaust available sick
time accumulated in accordance with Section 420.610 to be granted this leave.
4) In the event the injury or illness is not deemed subject to
benefits under the Acts, the employee will be placed on a non-service
disability leave of absence or may use accumulated benefit time to cover any
absences related to the incident.
5) In the event the injury or illness becomes the subject of an
award by the Illinois Workers' Compensation Commission or a settlement contract
is approved by the Illinois Workers' Compensation Commission that provides for
payment of temporary total disability (TTD) to cover non-work time, the
employee shall restore to the State the payment received as sick leave or other
benefit leave time and the employee's leave account shall be credited with
leave time equivalents.
6) An employee who returns from a service-connected disability
leave of absence shall be returned to the same or similar position in the same
class in which the employee was incumbent at the time the leave commenced.
(Source: Amended at 39 Ill.
Reg. 14182, effective October 19, 2015)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.770 ATTENDANCE IN COURT
Section 420.770 Attendance
in Court
a) Any permanent employee called for jury duty or subpoenaed by
any legislative, judicial or administrative tribunal for purposes other than
personal private litigation shall be allowed time away from work with pay for
such purposes. Upon receiving the sum paid for jury service or witness fee,
the employee shall submit the warrant, or its equivalent, to the department 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 or personal leave and retain the full
amount received for the service.
b) Emergency or temporary employees shall be allowed time off
without pay for such purpose and shall be allowed to retain the reimbursement
received .
(Source: Amended at 32 Ill.
Reg. 15017, effective September 8, 2008)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.775 VICTIMS' ECONOMIC SECURITY AND SAFETY LEAVE
Section 420.775 Victims' Economic Security and Safety
Leave
In accordance with the Victims' Economic Safety and Security
Act [820 ILCS 180], a permanent employee of the Office of the Secretary of
State or a participant in a work assignment as a condition of receipt of
federal or State income-based public assistance, who is a victim of domestic or
sexual violence or has a family or household member who is a victim of domestic
or sexual violence, shall be entitled to a total of 12 work weeks of unpaid
leave in a 12 month period. The 12 month period shall commence with the
effective date of the first date of leave. An employee who returns from a leave
granted under this Section shall have the rights set forth in Section 420.680.
(Source: Added at 36 Ill. Reg. 12125,
effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.800 VACATION
Section 420.800 Vacation
a) Eligibility:
1) All employees in pay status shall earn vacation time. Employees
in emergency or temporary status shall not earn vacation time unless on leave
of absence to accept an emergency or temporary appointment.
2) Eligible employees shall earn vacation time in accordance with
the following schedule:
A) From
the date of hire until the completion of 5 years of continuous service – 10
work days per year of employment.
B) From
the completion of 5 years of continuous service until the completion of 9 years
of continuous service – 15 work days per year of employment.
C) From
the completion of 9 years of continuous service until the completion of 14
years of continuous service – 17 work days per year of employment.
D) From
the completion of 14 years of continuous service until the completion of 19
years of continuous service – 20 work days per year of employment.
E) From
the completion of 19 years of continuous service until the completion of 25
years of continuous service – 22 work days per year of employment.
F) From
the completion of 25 years of continuous service until the completion of 30
years of continuous service – 25 work days per year of employment.
G) From
the completion of 30 years of continuous service – 30 work days per year of
employment.
3) Vacation time may not be taken in increments of less than one
hour at a time, but, in conjuction with the first one hour increment, may be
taken in additional 15 minute increments. Permanent part-time and intermittent
employees may use vacation time in 15-minute increments. Earned vacation time may
be taken any time after the initial 6 month probationary period and shall not
be accumulated for more than 24 months after the end of the calendar year in
which it is earned, except as provided by subsection (b)(2).
4) Vacation time earned, except by intermittent and permanent
part-time employees, shall be computed in work hours. After an employee's
earned vacation time has been so computed, if there remains a fractional
balance, the earned vacation time will be rounded to the nearest quarter hour.
5) Prorated Vacation for Intermittent and Permanent Part-Time Employees:
Intermittent and permanent part-time employees shall earn vacation in
accordance with the schedule set forth in subsection (a)(2) on a prorated hourly
basis determined by a ratio, the numerator of which shall be the hours in pay
status each month and the denominator of which shall be the normal working
hours for that month. Vacation computed on an hourly basis may be used in
hourly increments.
6) Computation of vacation time of employees who have interrupted
service qualifying for credit as defined in Section 420.340 shall be determined
as though all previous service is continuous with present service.
b) Vacation Schedule and Loss of Earned Vacation:
1) In establishing vacation schedules, the department shall
consider both the employee's preference and the operating needs of the
department. In any event, upon request, vacation time must be scheduled so
that it may be taken not later than 24 months after the expiration of the
calendar year in which it was earned. If an employee does not request and take
accrued vacation within the 24 month period, vacation earned during that
calendar year will be lost unless the provisions of subsection (b)(2) apply.
2) If an employee is to lose earned vacation time in accordance
with subsection (b)(1), and was unable to use that time due to operational
needs, the vacation time scheduled for loss may be retained by the employee for
up to 24 additional months if approved by the Personnel Director.
c) Vacation Scheduling:
1) All eligible employees shall request the scheduling of
vacation time at least 2 weeks in advance, or in accordance with the scheduling
provisions established by their department director. Supervisors shall grant
requested times unless a bona fide work-related reason exists for denial.
2) When two or more employees simultaneously request the same
vacation period and not all of them can be excused for the same period, the
request of the employee with the greatest amount of continuous service shall be
honored.
d) Vacation − Unit Closing: The Department of Personnel
may suspend the operation of any work unit or position, workload permitting,
for the purpose of vacation.
e) Vacation Benefits on Death of Employee:
1) Upon the death of an employee, the person or persons specified
in Section 14a of the State Finance Act [30 ILCS 105/14a] 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.
2) The sum shall be computed by multiplying the employee's daily or
hourly rate by the number of days or hours of accrued vacation due.
f) Payment in Lieu of Vacation:
1) Upon separation of employment by means of resignation,
retirement, indeterminate layoff, or discharge, and if the employee is not
employed in another position in State service within 4 calendar days after
separation, an employee is entitled to be paid for any vacation earned but not
taken or forfeited pursuant to subsection (b) or the Secretary of State Pay
Plan. No other payment in lieu of vacation shall be made except as provided by
subsection (e).
2) The payment provided in subsection (f)(1) shall not be deemed
to extend the effective date of separation by the number of days represented by
the payment.
3) The
payment provided in subsection (f)(1) shall be computed by multiplying the
number of hours of accumulated vacation by the employee's hourly rate or as
determined with Section 420.330 (Intermittents).
4) The
payment provided in this Section shall not be allowed if the purpose of the
separation from employment and any subsequent reemployment is for the purpose
of obtaining such payment.
(Source: Amended at 35 Ill.
Reg. 4278, effective March 1, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.810 WORK SCHEDULES
Section 420.810 Work
Schedules
Work Schedules: Each operating
director shall establish schedules of working hours and work days for his /her department.
No schedules of less than 37½ hours per week shall be approved as a regular
workweek. The schedules shall set out starting and quitting times, break
times, lunch times and the work days that apply to the employees within the
area of supervision. Work schedules shall be submitted to the Director of
Personnel for approval.
(Source: Amended at 32 Ill.
Reg. 15017, effective September 8, 2008)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.820 OVERTIME
Section 420.820 Overtime
a) Overtime: For those positions approved by and designated on
lists maintained by the Director of Personnel, authorized work in excess of an
approved work schedule shall be overtime. The work may be compensated for in
cash or compensatory time as determined by the department, provided the
designation is in accordance with the Fair Labor Standard Act(29 USC 201 et
seq.). Overtime work shall be distributed as equitably as possible among
qualified employees competent to perform the services required when overtime is
required, and employees shall be given as much advance notice as possible.
Except as required by law, time spent in travel shall not be considered as
overtime.
b) Compensatory Time: An employee's overtime accumulation shall
be liquidated by the utilization of compensatory time off, when practical.
Where the approved work schedule is less than a 40 hour work week, overtime
shall be compensated at a straight time rate. Work in excess of a 40 hour work
week shall be compensated at time and one-half.
c) Compensatory Time Schedule: Any compensatory time accumulated
shall be scheduled upon the consideration of the employee's preference and
operational needs of the department, but within the fiscal year that it is
earned. However, compensatory time earned in the last quarter of the fiscal
year must be used by the end of the first quarter of the next fiscal year.
d) Overtime Compensation in Cash: Compensatory time not used
within the fiscal year, except for time carried over in accordance with subsection
(c), may be liquidated in cash. Whenever it is not practical to liquidate an
employee's overtime with compensatory time off, the employee shall be
reimbursed in cash. The payment shall be at a straight time rate for work in
excess of the approved work schedule but less than a 40 hour work week. Work
in excess of a 40 hour work week shall be paid at time and one-half.
e) Overtime Payable Upon Death: Upon the death of an employee,
the person or persons specified in Section 14a of the State Finance Act shall
be entitled to receive from the appropriation for personal services available
for payment of the employee's compensation the sum for accrued overtime that
would have been paid or allowed to the employee had the employee survived.
(Source: Amended at 32 Ill.
Reg. 15017, effective September 8, 2008)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.825 TEMPORARY ASSIGNMENT (REPEALED)
Section 420.825 Temporary
Assignment (Repealed)
(Source: Repealed at 32 Ill.
Reg. 15017, effective September 8, 2008)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.830 HOLIDAYS
Section 420.830 Holidays
a) Authorized Holidays: All scheduled employees shall have time
off, with full salary payment, on the following holidays or dates when the
holidays are observed:
New Year's Day
Martin Luther King Day
Lincoln's Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day (which shall include the Friday immediately
following)
Christmas Eve
Christmas Day
General Election Day (on which Members of the House of
Representatives are elected)
and any additional days proclaimed as holidays by the
Governor or the Secretary of State of the State of Illinois or by the President
of the United States.
b) Holiday Observance: Subject to any applicable federal or
State laws, when employees are scheduled and required to work on a holiday,
equivalent time off will be granted within the following 12 month period at a
time convenient to the employee and consistent with the department'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, the
employee's account will not be charged for accrued vacation time for that day.
d) Eligibility for Holiday Pay: To be eligible for holiday pay,
the employee shall be in pay status for the total scheduled hours on the
employee's last scheduled work day before the holiday and first scheduled work
day after the holiday unless absence on either or both of these work days is
for good cause and approved by the department. Dock in pay approved in
accordance with FMLA shall be deemed the same as pay status for purposes of
this Section.
e) Holidays − Regional or Special: The Secretary or the
Director of Personnel may grant employees full or partial days off with pay to
meet the unique needs of any region or area within the State. Special time off
shall not accrue to any other employee in any other region or area of the State.
The Secretary or the Director of Personnel may grant employees full or partial
days off with pay to meet the special needs of the Office of the Secretary of
State.
(Source: Amended at 36 Ill.
Reg. 12125, effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.835 NOTIFICATION OF ABSENCE
Section 420.835 Notification of Absence
An employee shall, whenever possible, provide advance notice
of absence from work. Absence of an employee for 5 consecutive work days
without reporting to the department may be cause for discharge.
(Source: Added at 32 Ill.
Reg. 15017, effective September 8, 2008)
SUBPART E: GENERAL PROVISIONS
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.1000 RECORDS
Section 420.1000 Records
a) Performance
Records:
1) Performance
records shall constitute all material in an employee's official personnel file,
including, but not limited to, personnel transactions and related documents,
performance evaluations, attendance records, disciplinary records,
correspondence, and commendations, that, in the judgment of the Director of
Personnel, is relevant to determining the appropriateness of proposed or
recommended personnel transactions.
2) Performance
records shall be considered by the Director of Personnel in all cases of
promotion, demotion, discharge, layoff, recall, reinstatement, geographical
transfer and certification.
b) Public Records: Except as otherwise provided in this Section,
the Freedom of Information Act [5 ILCS 140], the Personnel Records Review Act [820
ILCS 40] or other laws, all records of the Department of Personnel, including
eligible lists, shall be public records and shall be available for inspection
on request submitted to the Director of Personnel.
c) Time and Manner of Inspection:
The records of
the Department of Personnel shall be available for inspection during regularly
scheduled hours of work. Such records may be inspected only in the presence of
an authorized employee of the Department of Personnel.
d) Employee Roster Files: The Director of Personnel shall
establish and maintain official personnel files for employees subject to the
Code showing the name, gender, county of residence, date of birth, date of
original appointment to service, date of promotions, demotions, transfers, and
other transactions, present position title, status, salary, and the operating
department to which the employee is assigned.
e) Confidential Records: The following records of the Department
of Personnel shall be confidential and not available for public inspection:
1) Personal history and the official personnel file of an employee.
However, the employee or authorized agent may inspect the employee's personal
history and official personnel file.
2) Reports of medical, psychological and psychiatric
examinations. However, employees may inspect reports pertaining to themselves.
3) All parts of examinations. However, an employee or applicant
may inspect his/her own answer sheet.
4) The identity, complete questionnaire, and other documents
related to salary surveys.
5) No records of personnel transactions including requisitions
and referrals will be made available until the transactions have been
completed. No personal history contained on the transactions shall be
available for public inspection.
6) Information concerning criminal convictions of applicants or
employees, except as needed for purposes set forth in Section 420.300(l).
7) All
documentation in files pertaining to selection and appointment of new employees
or movement of current employees to other positions.
f) Attendance Records: Each operating department shall maintain
accurate, daily attendance records. Employees shall have the right to review
their attendance record on file in their operating department.
g) Undated Forms: No supervisor or other person in a position of
authority shall demand or request that an employee sign an undated resignation
or any blank form. No employee shall be required to sign a blank form. Any
demand to sign an undated resignation or blank form shall entitle the employee
to immediate appeal to the Director of Personnel.
h) Incomplete Forms: Any information placed on a form or any
modification or alteration of existing information made on a form subsequent to
having been signed by an employee shall be null and void insofar as it may
affect the employee, the employee's position or condition of employment. Any
employee required to sign any form prepared pursuant to this Part shall, upon
request, be given a copy of the form after the employee's signature is affixed.
i) Reason for Separation: Employees resigning from employment
with the Office of the Secretary of State must set forth their reasons for
resignation in writing. The document effecting a resignation shall contain or
have attached the basis for the separation, including signature and effective
date. Failure to include the basis for separation, however, shall not affect
the ability to accept and process the separation request.
(Source: Amended at 32 Ill.
Reg. 15017, effective September 8, 2008)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.1010 BENEFITS
Section 420.1010 Benefits
a) Portability of Certain Benefits: Sick and vacation leave
earned but not taken by employees in the course of State employment not subject
to the Merit Employment Code shall be deemed to have been earned by them at the
time they become subject to the Code to the extent the benefits are provided
and would have been earned under this Part.
b) Repayment of Benefit Time: Unless otherwise provided by law,
employees who return to employment in any capacity with the Office of the
Secretary of State within 30 days after separation of previous employment must,
as a condition of their new employment, repay the lump sum amount paid for
accrued vacation, overtime and sick leave within 30 days after the new
employment commences. The amount repaid shall be deposited into the fund from
which the payment was made or the General Revenue Fund. Upon repayment, the
accrued time shall be credited to the account of the employee.
(Source: Amended at 32 Ill.
Reg. 15017, effective September 8, 2008)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.1015 PRORATION OF RIGHTS AND BENEFITS
Section 420.1015 Proration
of Rights and Benefits
Permanent part-time and
intermittent employees shall have all rights and benefits granted by
Jurisdictions A, B and C of the Code based on the proration of the part-time or
intermittent scheduled hours against the normal 1957.5 hour work year.
(Source: Added at 35 Ill.
Reg. 4278, effective March 1, 2011)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.1020 PROHIBITION OF DISCRIMINATION
Section 420.1020 Prohibition of Discrimination
a) Discrimination,
as defined by the Illinois Human Rights Act [775 ILCS 5], the Civil Rights Act
of 1964 (42 USC 2000(d) et seq.), the Americans With Disabilities Act of 1990 (42
USC 12101 et seq.), the Genetic Information Nondiscrimination Act of 2008 (42
USC 2000(ff) et seq.), the Age Discrimination Act of 1967 (29 USC 621 et seq.),
the Equal Pay Act of 1963 (29 USC 206 et seq.), or other federal or State law
or regulation, against any person in recruitment, examination, appointment,
training, promotion, retention, or any other personnel transaction, or because
of membership in or activity on behalf of employee labor organizations, or any
other non-merit factor is prohibited. The Director of Personnel will use bona
fide occupational qualifications for consistency purposes in making employment
decisions.
b) Any
applicant or employee who feels adversely affected in employment because of
discrimination shall have resort to the grievance procedure established in
Section 420.600.
(Source: Amended at 36 Ill.
Reg. 12125, effective July 16, 2012)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS
CHAPTER II: SECRETARY OF STATE
PART 420
DEPARTMENT OF PERSONNEL
SECTION 420.1030 OTHER PROVISIONS
Section 420.1030 Other
Provisions
a) Interpretation and Application of Rules: The Director of
Personnel shall determine the proper interpretation and application of each provision
of this Part. The decision of the Director of Personnel as to the proper
interpretation or application of any such rule shall be final and binding upon
all departments and employees affected unless or until modified or reversed by
the Merit Commission or the courts. All departments and employees shall comply
with the Director of Personnel's decision in the absence of a written opinion
of the Attorney General or a written directive of the Merit Commission
declaring the Director of Personnel's decision to be unlawful.
b) Policy: The Director of Personnel shall promulgate policy
necessary to obtain compliance with this Part and with the Code.
(Source: Amended at 32 Ill.
Reg. 15017, effective September 8, 2008)
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