AUTHORITY: Implementing and authorized by the State Treasurer Employment Code (Ill. Rev. Stat. 1991, ch. 130, pars. 101 et seq.) [15 ILCS 510].

SOURCE: Adopted at 15 Ill. Reg. 21018, effective December 11, 1990; amended at 17 Ill. Reg. 15123, effective September 7, 1993; emergency amendment at 29 Ill. Reg. 18155, effective October 20, 2005, for a maximum of 150 days; emergency expired March 18, 2006.

SUBPART A: GRIEVANCE PROCEDURE

 

Section 630.110  Grievance - Definition

 

Any employee of the Office of the Treasurer may grieve the impact upon his/her employment condition or status of the application of the State Treasurer Employment Code (Code) (Ill. Rev. Stat. 1989, ch. 130, pars. 101 et seq.), the rules or any policy.

 

Section 630.120  Limitation

 

a)         The rules of the Department of Personnel (Department) in the Office of the Treasurer (80 Ill. Adm. Code 610, 620, 630, and 640) and the related official policy are not grievable matters.  Probationary terminations, charges seeking discharge, demotion, or suspension totaling more than thirty (30) days in any twelve (12) month period of certified employees, appeals of allocation of duties, or transfers from one area to another are not subject to the grievance procedures.

 

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

 

Section 630.130  Abandonment - Extension

 

a)         Failure of either party to comply with the form or time requirements of the grievance procedures shall resolve the matter in favor of the other. The parties may mutually extend the time limits in writing at any level of the procedure except in the case of a hearing arising from demotion or discharge of a certified employee.

 

b)         An employee's failure to submit a grievance, or to submit it or appeal it to the next level of this procedure within the specified time limits, shall mean that the employee has withdrawn the grievance or accepted the last answer given in the grievance procedure.

 

1)         Step 1:  A grieving employee shall present the grievance orally to the immediate supervisor explaining its nature and circumstances within five (5) scheduled working days after learning of the circumstances or conditions leading to it.  The immediate supervisor shall answer within five (5) scheduled working days of its presentation.

 

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

 

3)         Step 3:

 

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

 

B)        Within twenty (20) working days after the Step 3 appeal is filed, the head of the department shall render a written decision and shall serve a copy of the written decision upon the grievant.  Failure of the Department head to render a written decision and to serve it upon the grieving employee within the specified time shall automatically move the grievance to Step 4.

 

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

 

Section 630.140  Grievance Committee

 

a)         The Director of Personnel shall appoint ten (10) employees of the State of Illinois to comprise a grievance committee panel to hear grievances.  In addition to State employees, the Director shall appoint persons to the panel who are not employees of the State of Illinois but who have knowledge and experience in personnel administration or employee relations.  Committees of three (3) persons may be selected by the Director of Personnel from the grievance committee panel to hear employee grievances.  Not more than one panel member shall be selected from any one department, and no panel member shall be appointed to a committee which is convened to hear a grievance arising from the department in which the panelist is an employee.

 

b)         In addition to the three (3) committee members appointed to hear a grievance, there shall be an employee of the Department present at all grievance hearings and deliberations to assist the panel in its determination.  The Department employee shall act as secretary-chairperson of the committee and shall be entitled to vote on its recommendations. Unless an expedited Step 4 procedure is agreed to by the parties pursuant to procedures and policies issued by the Director, the members of the grievance committee shall reduce to writing their recommendations on the disposition of the grievance and shall submit them to the Director of Personnel.  A dissenting member of the committee may make separate recommendations.  All recommendations will bear the signature of the concurring committee members.

 

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

 

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

 

Section 630.150  Representation

 

In discussion or meetings with the employer in Steps 2, 3, or 4 of the grievance procedure, the employee shall be entitled to be present and may be accompanied by a representative of his/her choice.

SUBPART B: LEAVES OF ABSENCE

 

Section 630.210  Sick Leave

 

All employees, except those in emergency, intermittent, per diem, or temporary status unless such status is the result of accepting a nonpermanent work assignment in another class, shall accumulate sick leave at the rate of one (1) day for each month's service.  Sick leave may be used for illness, disability, or injury of the employee, appointments with doctor, dentist, or other professional medical practitioner and also may be used for not more than thirty (30) days in one (1) calendar year in the event of serious illness, disability, injury, or death of a member of the employee's immediate family.  The Department may require evidence to substantiate that such leave days were used for the purposes set forth.

 

Section 630.220  Accumulation of Sick Leave

 

Employees shall be allowed to carry over from year to year of continuous service any unused sick leave allowed under this Section or Section 630.210 and shall retain any unused sick leave accumulated prior to the effective date of this Part.

 

Section 630.230  Leave of Personal Business

 

a)         All employees, except those in emergency, per diem, or temporary status, shall be permitted twenty-one (21) hours (or the equivalent three (3) working days) of leave for personal business each calendar year with pay.  Such personal days shall not be used to extent holiday or annual leave except as permitted in advance by the department head through prior written approval.  Employees entitled to receive personal leave who enter service during the year shall be given credit for the leave at the rate of three and one-half (3 ½) hours (one-half (½) day) for each two (2) months service during the calendar year in which they were hired.  Such personal leave may not be used in increments of less than one (1) hour at a time.  Except for those emergency situations which preclude the making or prior arrangements, personal days off shall be scheduled sufficiently in advance to be consistent with operating needs of the employer.

 

b)         Personal leave shall not accumulate from calendar year to calendar year.

 

Section 630.240  Leave of Absence Without Pay

 

Unless otherwise provided in this Part, and with the prior approval of the Director, a department head may grant leaves of absence without pay to employees for period not to exceed six (6) months, and the leaves may be extended for good cause by the department head for additional six (6) month periods with the Director's approval.  No emergency or temporary employee shall be granted a leave of absence.

 

Section 630.250  Leaves of Absence - Special

 

The Director may grant special leaves of absence with pay to employees for purposes of education, attendance at professional or union conventions, or similar reasons.

 

Section 630.270  Leave to Take Exempt Position

 

The Director shall approve leaves of absence for certified employees who accept appointment in a position which is exempt from the Code.  Such leaves of absence may be for a period of one (1) year or less and may be extended for additional one (1) year periods.  At the expiration of the leave of absence, an employee shall be restored to the same or similar position upon making application to the department with continuous service including the period of such leave.

 

Section 630.280  Military, Job Corps, and Peace Corps Leave

 

Leaves of absence shall be allowed employees who enter military service, the Peace Corps, or Job Corps as provided in 80 Ill. Adm. Code 620.340 and 620.360 and as may be required by law.

 

Section 630.290  Leave for Annual Military Reserve Training or Special Duty

 

a)         An 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 leave with pay not to exceed one (1) full pay period annually without loss of any other accrued benfit.

 

b)         If time required on any of the types of military service covered by this Section exceeds one (1) full pay period in any one fiscal year, the employee shall be granted additional leave without pay by the employing department, provided, however, that during periods of active service to meet emergencies as proclaimed by the Governor, the employee shall be granted a leave of absence with pay.  Upon receiving the sum paid for such service under the Military Code of Illinois (Ill. Rev. Stat. 1989, ch. 129, pars 220.001 et seq.), 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 agency payroll warrant was drawn.  In the event the military pay is greater than the State compensation for the period of emergency call-up, the employee shall retain the military pay and return to the department the amount the agency paid the employee for the period.

 

c)         An employee shall provide the department with certification by the commanding officer of the employee's unit that all leave time was used for the purpose for which granted.

 

Section 630.300  Leave for Military Physical Examinations

 

Any employee drafted into military service shall be allowed up to three (3) days leave with pay to take a physical examination required by the draft. Upon request, the employee must provide the department with certification by a responsible authority that the period of leave was actually used for such purpose.

 

Section 630.310  Election to Public Office

 

Employees who are elected to public office shall, upon request, be granted a leave of absence without pay for so long as they remain elected public officers and they shall be returned to the same position from which they were on leave or a comparable position providing they so request within thirty (30) calendar days following termination of their elected offices.

 

Section 630.315  Disaster Service Leave

 

Any employee, except those in temporary, emergency or per diem status, who is a certified disaster service volunteer of the American Red Cross may be granted leave with pay for up to 20 working days in any 12 month period.  The leave may be granted upon request of the American Red Cross and approval of the Treasurer.  Disasters must be disasters designated at Level III and above occurring within Illinois.

 

Source:  Added at 17 Ill. Reg. 15123, effective September 7, 1993)

 

Section 630.320  Employee Rights After Leave

 

When an employee returns from a leave of absence of six (6) months or less, the department shall return the employee to the same or similar position in the same class in which the employee was incumbent prior to the commencement of the leave.  Except for those leaves granted under Sections 630.270 and 630.280, when an employee returns from a leave or leaves exceeding six (6) months and there is no vacant position available to him/her 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.

 

Section 630.330  Failure to Return from Leave

 

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

 

Section 630.340  Attendance in Court

 

Any permanent employee called for jury duty or subpoenaed by any legislative, judicial, or administrative tribunal shall be allowed time away from work with pay for such purposes.  Upon receiving the sum paid for jury service or witness fee, the employee shall submit the warrant, or its equivalent, to the 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 such service.  Emergency or temporary employees shall be allowed time off without pay for such purpose and shall be allowed to retain the reimbursement received therefor.

 

Section 630.350  Holiday Observance

 

Where employees are scheduled and required to work on a holiday, equivalent time off will be granted within the following twelve (12) month period at a time convenient to the employee and consistent with the deparment's operating needs.

 

Section 630.360  Holiday During Vacation

 

When a holiday falls on an employee's regularly scheduled work day during the employee's vacation period, an extra day shall be added to the employee's vacation.

 

Section 630.370  Eligibility for Holiday Pay

 

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

 

Section 630.380  Holidays – Regional or Special

 

The Treasurer or the Director 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.

SUBPART C: VACATION

 

Section 630.410  Eligibility

 

a)         Employees, except emergency and temporary, shall earn vacation time.  No employee on leave of absence may earn vacation except when the leave was for the purpose of accepting a temporary working assignment in another class. Vacation accrual rates will be determined by the Director and shall be consistently applied to all employees.

 

b)         Vacation time may be taken in increments of not less than one-half (½) day at a time, any time after it is earned, provided the employee has at least six (6) months of continuous service since the latest date of hire.  Vacation time shall not be accumulated for more than twenty-four (24) months after the end of the calendar year in which it is earned.

 

c)         Computation of vacation time of State employees who have interrupted continuous State service shall be determined as though all previous State service which qualified for earning of vacation benefits is continuous with present service.

SUBPART D: WORK SCHEDULES

 

Section 630.510  Work Schedules

 

Each supervisor or department head shall prepare a schedule of working hours and work days pertaining to his/her work unit.  Such schedule shall set forth starting and quitting times, break times, lunch time, and the work days that apply to the employees within his/her area of supervision. Work schedules shall be submitted to the Director for his approval.  Upon approval, the schedules shall be posted and complied with by all of the employees within the work unit.

SUBPART E: OVERTIME

 

Section 630.610  Overtime

 

For those positions determined by the Director to be covered by the Fair Labor Standards Act (29 U.S.C. 201 et seq.), authorized work in excess of an approved work schedule shall be overtime.  Such work may be compensated in cash or compensatory time as determined by the department.  Overtime work shall be distributed as equitably as possible among qualified employees competent to perform the services required when overtime is required.  Employees shall be given as much advance notice as possible. Except where required by law, time spent in travel shall not be considered overtime.

 

Section 630.620  Compensatory Time

 

An employee's overtime accumulation shall be liquidated by the utilization of compensatory time off when such utilization is practical.  Where the approved work schedule is less than a forty (40) hour work week, overtime shall be compensated as a straight time rate.  Work in excess of a forty (40) hour week shall be compensated at time and one-half.

 

Section 630.630  Compensatory Time Schedule

 

Compensatory time shall be scheduled as often as possible at the employee's preference excepting in those circumstances where, with reasonable certainty, such absence would be harmful to the operation of his/her work unit (e.g., another agency's payroll would be delayed because of the employee's absence).

 

Section 630.640  Overtime Compensation in Cash

 

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

 

Section 630.650  Overtime – Accumulation

 

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

 

Section 630.660  Overtime Payable Upon Death

 

Upon the death of an employee, the person or persons specified in Section 14a of "AN ACT in relation to State finance" (Ill. Rev. Stat. 1989, ch. 127, par. 150a), as now or hereafter amended, shall be entitled to receive, from the appropriation for personal services available for payment, the sum of the employee's compensation for accrued overtime which would have been paid or allowed to such employee had the employee survived.