Section 420.760  Non-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, be granted a leave for the duration of the disability. Up to 12 weeks out of any 12 month period for a disability leave may be concurrently designated under FMLA.

b)         In granting this leave or use of sick leave as provided in Section 420.610, the department shall apply the following standards:

1)         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 differentiatingthat particular position from other positions, provided the balance of duties can be reassigned by the department;

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 Section 420.630, 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;

5)         As soon as an 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 of the approximate length of time the employee will be unable to perform regularly assigned duties;

6)         If the department has reason to believe that the employee is able or unable to perform a substantial portion of their 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 such 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.

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

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

1)         Employees are no longer temporarily disabled when they are able to perform their regularly assigned duties upon advice of the appropriate authority (i.e., attending physician, an impartial physician, or other authority).

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

3)         In determining whether to approve a requested discharge of an employee for failure to return from a disability leave or for physical inability to perform the duties of a position, the Director 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 (b)(6).

e)         An employee who returns from a disability leave shall have the rights set forth in Section 420.680.

f)          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.

(Source:  Amended at 32 Ill. Reg. 15017, effective September 8, 2008)