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12.1 Sick Leave
All employees, excepting those in emergency, intermittent, per
diem or temporary status, unless such status is the result of
accepting a non-permanent working assignment in another class,
shall accumulate sick leave at the rate of one day for each
month's service. Sick leave may be used for illness, disability
or injury of the employee, appointments with doctor, dentist or
other professional medical practitioner and also may be used 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 (including grandchildren). The
operating agency or the Department may require evidence to
substantiate that such leave days were used for the purpose
herein set forth for periods of absence of ten consecutive
workdays or less. For periods of absence for more than ten
consecutive workdays the employee shall provide verification for
such absence in accordance with the provisions of Rule 303.145.
Sick leave may be initially taken in increments of not less than
one-hour at a time and in one-half hour increments thereafter.
A full time employee shall be awarded one (1) additional
personal day on January 15* of each calendar year if no sick time
was used in the preceding twelve (12) month period, beginning on
January 1st and ending on December 31st. Such additional personal
day shall be liquidated in accordance with 12.6.
12.2 Accumulation of Sick Leave
An employee shall be allowed to carry over from year to year of
continuous service unused sick leave allowed under this Subpart
and shall retain any unused sick leave or emergency absence
leave accumulated prior to December 19, 1961.
12.3 Payment in Lieu of Sick Leave
a) Upon termination of employment for any reason, upon
movement from a position subject to the Personnel Code
to another state position not subject to the Code, or
upon indeterminate layoff, an employee or the employee's
estate is entitled to be paid for unused sick leave
pursuant to Public Act 90-65.6
b) The method of computing the hourly or daily salary rate
for sick leave qualifying for lump sum payment upon
termination of employment shall be in accordance with
Rule 310.520a.
c) If an employee has a negative sick leave balance
pursuant to Rule 303.110 when employment is terminated, no payment shall be made to the employee and the unrecouped balance due is canceled.
d) An employee who is reemployed, reinstated or recalled from indeterminate layoff and who received lump sum payment in lieu of unused sick days will have such days restored provided the employee repays upon return to active employment the gross amount paid by the State for the number of days to be so restored to the employee's
sick leave account.
12.4 Reinstatement of Sick Leave
On or after the effective date of this Subpart, accumulated sick leave available at the time an employee's continuous state service is interrupted for which no salary payment is made shall upon verification be reinstated to the employee's account upon return to full time or regularly scheduled part-time employment
except in temporary or emergency status. This reinstatement is applicable provided such interruption of service occurred not more than five years prior to the date the employee reenters State service and provided such sick leave has not been credited by the appropriate retirement system towards retirement benefits. An employee with previous State service for which sick leave was granted under provisions other than Jurisdiction C of the Personnel Code shall have such amount reinstated to the extent such sick leave is provided under Rule 303.90.
12.5 Advancement of Sick Leave
An employee with more than two years continuous service, whose personnel records warrant it, may be advanced sick leave with pay for not more than 10 working days with the written approval of the operating agency and the Director. Such advances will be charged against sick leave accumulated later in subsequent service.
12.6 Leave for Personal Business
a) All employees, excepting those in emergency, per diem or temporary status shall be permitted 3 personal days off each calendar year with pay. Such personal days may be used for such occurrences as observance of religious holidays, Christmas shopping, absence due to severe weather conditions, or for other similar personal reasons, but shall not be used to extend a holiday or annual leave except as permitted in advance by the
operating agency through prior written approval.
Employees entitled to receive such leave who enter
service during the year shall be given credit for such
leave at the rate of 1/2 day for each 2 months service
for the calendar year in which hired. Such personal
leave may not be used in increments of less than two (2)
hours at a time. Except for those emergency situations
which preclude the making of prior arrangements, such
days off shall be scheduled sufficiently in advance to
be consistent with operating needs of the Employer.
b) Personal leave shall not accumulate from calendar year to
calendar year; nor shall any employee be entitled to
payment for unused personal leave upon separation from
the service except as provided in Section 8c(2) of the
Personnel Code.
12.7 On-The-Job Injury -- Industrial Disease
a) An employee who suffers an on-the-job injury or who
contracts a service-connected disease, shall be allowed
full pay during the first 5 working days of absence
without utilization of any accumulated sick leave or
other benefits, provided the need for the absence is
supported by medical documentation. This allowance
with full pay for up to one calendar week (5 work days)
shall be made in advance of the determination as to
whether the injury or illness is service connected.
If, within 30 days of the date of the allowance of full
pay under this section, the employee has failed to
complete the required paperwork and submitted
documentation to reach a decision regarding the service
connected nature of the injury or illness, the time
granted may be rescinded and the days will be charged
against the employee’s accumulated benefit time.
Employees whose compensable service connected injury or
illness requires appointments with a doctor, dentist,
or other professional medical practitioner shall, with
supervisor approval, be allowed to go to such
appointments without loss of pay and without
utilization of sick leave. Thereafter the employee
shall be permitted to utilize accumulated sick leave or
other benefits unless the employee has applied for and
been granted temporary total disability benefits in
lieu of salary or wages pursuant to provisions of the
Workers' Compensation Act (Ill. Rev. Stat. 1981, ch.
48, pars. 138.1 et seq.) or through the State's self-
insurance program. In addition, commencing July 1,
1979, an employee going on service connected disability
leave, in addition to retaining and accruing continuous
service, shall accrue vacation and sick leave credits
during such leave, as though working, the same to be
credited to the employee upon the employee's return to
work. Return to work is defined as the employees first
day back to active payroll status with an authorized
licensed physician’s release.
b) In the event such service-connected injury or illness
becomes the subject of payment of benefits provided in
the Workers' Compensation Act by the Workers’
Compensation Commission, the courts, the State selfinsurance program or other appropriate authority, the
employee shall restore to the State the dollar
equivalent which duplicates payment received as sick
leave or other accumulated benefit time, and the
employee's benefit accounts shall be credited with leave
time equivalents.
12.8 Leaves of Absence Without Pay
a) Subject to the operating needs of the Employer, a Union
member elected or appointed to serve as a Union official
shall be granted a leave of absence without
discrimination or loss of seniority rights, without pay
for a period of twelve months. Any renewal of such
leave shall be at the request of the local union and
shall be subject to the same standards as the original
request. A certified employee shall continue to
accumulate continuous service and seniority.
b) Any employee, except an employee in a position or
program financed in whole or in part by loans or grants
made by the United States or any Federal agency, who is
elected to State office, shall, upon request, be granted
a leave of absence for the duration of the elected
terms.
c) No emergency or temporary employee shall be granted
leave of absence.
12.9 Leave to Attend Union Conventions
An employee who is a member of a union representing State
employees and who has been selected as delegate, or alternate
delegate to attend union conventions shall be allowed a leave of
absence without pay, subject to the approval of the head of the
agency in which employed, to attend said convention.
12.10 Disability Leave
a) An employee who is unable to perform a substantial
portion of his/her regularly assigned duties due to
temporary physical or mental disability shall upon
request be granted a leave for the duration of such
disability.
b) In granting such leave or use of sick leave as provided
in Rule 303.90, the agency shall apply the following
standards:
(1) A substantial portion of regularly assigned duties
shall be those duties or responsibilities normally
performed by the employee which constitute a
significant portion of the employee's time or which
constitute the differentiating factors which
identify that particular position from other
positions, provided the balance of duties can be
reassigned by the agency;
(2) A request for disability leave shall be in writing
except when the Agency is advised by other
appropriate means of the employee's disability in
which event the employee's signature is not
required;
(3) Except for service-connected disability as provided
in Rule 303.135, the employee shall have exhausted
available sick leave provided under Rule 303.90
prier 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 Practices Act" (Ill.
Rev. Stat. 1981, ch. 111, pars. 4401 et seq.) or
under similar laws of Illinois or of other states
or countries or by an individual authorized by a
recognized religious denomination to treat by
prayer or spiritual means; such verification shall
show the diagnosis, prognosis and expected duration
of the disability; such verification shall be made
no less often than every 30 days during a period of
disability, unless the nature of the disability
precludes the need for such frequency of
verification;
(5) As soon as an employee becomes aware of an
impending period of disability, he/she shall notify
the appropriate supervisor of such disability and
provide a written statement by the attending
physician of the approximate date the employee will
be unable to perform his/her regularly assigned
duties;
(6) If the Agency has reason to believe that the
employee is able or unable to perform a substantial
portion of his/her regularly assigned duties, it
may seek and rely upon the decision of an impartial
physician chosen by agreement of the parties or in
the absence of such agreement upon the decision of
an impartial physician who is not a State employee
and who is selected by the Director.
(7) In the case of a dispute involving service
connected injury or illness, no action shall be
taken which is inconsistent with relevant law
and/or regulations of the Illinois Workers’
Compensation Commission. Such determination shall
pertain solely to an employee's right to be placed
on or continued on illness or injury leave,
including service connected illness or injury
leave. For service connected illness or injury
leave the right to select the impartial physician
shall be between the employee and the Department of
Central Management Services.
(8) Until such time as the employer negotiates with the
union its position on whether Department of
Transportation employees are held to or exempt from
the federal medical guidelines, the employer will
not apply such standards. This does not preclude
the employer from conducting fitness for duty exams
based on current job descriptions nor does it
preclude the employer from continuing its practice
of prohibiting employees from working if the
medications they are taking would prohibit an
employee from functioning in their position. This
provision does not apply to pre-employment.
c) Failure of an employee to provide verification of
continued disability upon reasonable request shall on
due notice cause termination of such leave.
d) An employee's disability leave shall terminate when said
employee is no longer temporarily disabled from
performing his/her regularly assigned duties.
(1) An employee is no longer temporarily disabled when
he/she is able to perform his/her regularly
assigned duties upon advice of the appropriate
authority or, in the absence of such authority, the
attending physician.
(2) An employee is no longer temporarily disabled when
he/she is found to be permanently disabled and
unable to perform a substantial or significant
portion of his/her regularly assigned duties by the
appropriate authority, or in the absence of such
authority, by the attending physician.
(3) In determining whether to approve a requested
discharge of an employee for failure to return from
a disability leave or for physical inability to
perform the duties of a position, the Director may
seek and rely upon the advice of the State
Employees Retirement System or other appropriate
authority, including an impartial physician
selected in accordance with Rule 303.145({b) (6).
e) Return from Disability Leave
(1) An employee who returns from a disability leave of
six months or less shall be returned by the Agency
to the same or similar position in the same class
in which the employee was incumbent at the time the
leave commenced.
(2) An employee who returns from a disability leave
exceeding six months and there is no vacant
position available in the same class held by the
employee at the commencement of such leave may be
laid off in accordance with the Rules on Voluntary
Reduction and Layoff, unless such leave resulted
from service-connected disability, in which case
the employee shall be returned to employment as in
(1) above.
f) An employee who is on disability leave while in
temporary or emergency status, except if such status
results from a leave of absence to accept such position,
shall be eligible for such leave for the balance of such
appointment and shall earn or accrue no other benefit
arising from this Subpart.
12.11 Family Responsibility Leave
a) An employee who wishes to be absent from work in order
to meet or fulfill responsibilities, as defined in
subsection (f) below, arising from the employee's role
in his or her family or as head of the household will
normally, upon request and in the absence of another
more appropriate form of leave, be granted a Family
Responsibility Leave for a period not to exceed one
year. Such request shall not be unreasonably denied.
Employees shall not be required to use any accumulated
benefit time prior to taking Family Responsibility
Leave. The Agency Head will consider whether the need
for the family responsibility leave is substantial,
whether the action is consistent with the treatment of
other similar situations and whether the action is
equitable in view of the particular circumstances
prompting the request.
b) Any request for such leave shall be in writing by the
employee not less than 15 calendar days in advance of
the leave unless such notice is precluded by emergency
conditions, stating the purpose of the Leave, and the
expected duration of absence.
c) Such leave shall be granted only to a permanent fulltime employee, except that an intermittent employee
shall be non-scheduled for the duration of the required
leave. An employee in temporary, emergency,
provisional, or trainee status shall not be granted such
leave.
d) "Family Responsibility' for purposes of this section is
defined as the duty or obligation perceived by the
employee to provide care, full-time supervision, custody
or non-professional treatment for a member of the
employee's immediate family or household under
circumstances temporarily inconsistent with
uninterrupted employment in State service (P.A. 83-877,
eff. 9/26/83).
e) 'Family' has the customary and usual definition for this
term for purposes of this section that is:
(1) group of two or more individuals living under one
roof, having one head of the household and usually,
but not always, having a common ancestry, and
including the employee's spouse;
(2) such natural relation of the employee, even though
not living in the same household, a parent, sibling
or child; or
(3) adoptive, custodial and ‘in-law’ individuals when
residing in the employee's household but excluding
persons not otherwise related of the same or
opposite sex sharing the same living quarters but
not meeting any other criteria for 'family'.
f) Standards for granting a Family Responsibility Leave
are:
(1) to provide nursing and/or custodial care for the
employee's newborn infant, whether natural born or
adopted;
(2) to care for a temporarily disabled, incapacitated
or bedridden resident of the employee's household
or member of the employee's family;
(3) to furnish special guidance, care or supervision of
a resident of the employee's household or a member
of the employee's family in extraordinary need
thereof;
(4) to respond to the temporary dislocation of the
family due to a natural disaster, crime,
insurrection, war or other disruptive event;
(5) to settle the estate of a deceased member of the
employee's family or to act as conservator if so
appointed and providing the exercise of such
functions precludes the employee from working; or,
(6) to perform family responsibilities consistent with
the intention of this section but not otherwise
specified.
g) The agency shall require substantiation or verification
of the need by the employee for such leave, the
substantiation or verification shall be consistent with
and appropriate to the reason cited in requesting the
leave, such as:
(1) a written statement by a physician or medical
practitioner licensed under the "Medical Practices
Act" (Ill. Rev. Stat. 1981, ch. 111, pars. 4401 et
seq.) or under similar laws of Illinois or of
another state or country or by an individual
authorized by a recognized religious denomination
to treat by prayer or spiritual means, such
verification to show the diagnosis, prognosis and expected duration of the disability requiring the
employee's presence;
(2) written report by a social worker, psychologist, or
other appropriate practitioner concerning the need
for close supervision or care of a child or other
family member;
(3) written direction by an appropriate officer of the
courts, a probation officer or similar official
directing close supervision of a member of the
employee's household or family; or
(4) an independent verification substantiating that the
need for such leave exists.
h) Such leave shall not be renewed, however a new leave
shall be granted at any time for any reason consistent
with Rule 303.148(f£) other than that for which the
original leave was granted.
i) If an agency has reason to believe that the condition
giving rise to the given need for such leave no longer
exists during the course of the leave, it should require
further substantiation or verification and, if
appropriate, direct the employee to return to work on a
date certain.
j)Failure of an employee upon request by the employing
agency to provide such verification or substantiation is
cause on due notice for termination of the leave.
k) Such leave shall not be used for purpose of securing
alternative employment. An employee during such leave
may not be gainfully employed full time, otherwise the
leave shall terminate.
l) Upon expiration of a Family Responsibility Leave, or
prior to such expiration by mutual agreement between the
employee and the employing agency, the agency shall
return the employee to the same or similar position
classification that the employee held immediately prior
to the commencement of the leave. If there is no such
position available, the employee will be subject to
layoff in accordance with the section on Voluntary
Reduction and Layoff (80 Ili. Adm. Code 302: Subpart J).
m) Nothing in this section shall preclude the reallocation
or abolition of the position classification of the
employee during such leave nor shall the employee be
exempt from the section on Voluntary Reduction and
Layoff by virtue of such leave.
n) The Employer shall pay its portion of the employee's
health and dental insurance (individual or family) for
up to six (6) months while an employee is on family
responsibility leave and also would qualify for a leave
pursuant to the criteria set forth in the Family and
Medical Leave Act of 1993.
12.12 Employee Rights After Leave
When an employee returns from a leave of absence of six months
or less, the agency shall return the employee to the same or
similar position in the same class in which the employee was
incumbent prior to commencement of such leave. Except for those
leaves granted under Rules 303.155 and 303.160, when an employee
returns from a leave or leaves exceeding six months and there is
no vacant position available to him/her in the same class in
which the employee was incumbent to such leave or leaves
commencing, the employee may be laid off in accordance with the
rules on voluntary reduction and layoffs.
12.13 Failure to Return
Failure to return from leave within 5 days after the expiration
date may be cause for discharge.
12.14 Leave to Take Exempt Position
With prior approval by the Director, an agency may approve
leaves of absence for certified employees who accept appointment
in a position which is exempt from Jurisdiction B of the
Personnel Code. Such leaves of absence may be for a period of
one year or less and may be extended for additional one year
periods. At the expiration thereof, an employee shall be
restored to the same or similar position upon making application
of the employing agency with continuous service including the
period of such leave, except that employees who are on leave of
absence status from positions subject to Term Appointment of
January 1, 1980 shall be subject to the provisions of Term
Appointment and whose rights shall be terminated under the
provisions of this part if not reappointed pursuant to 80 I1l.
Adm. Code 302.841. In approving such leaves the Director shall
verify the agency approval and employee's agreement.
12.15 Military and Peace Corps Leave
Leave of absence shall be allowed employees who enter military
service or the Peace or Job Corps as provided in 80 Ill. Adm.
Code 302.220 and 302.250 and as may be required by law.
12.16 Military Reserve Training and Emergency Call-Up
a) Any full-time employee who is a member of a reserve
component of the Armed Services of the United States,
including the reserve components of the Armed Services
of any state, or who is a member of the National Guard
of any state shall be allowed military leave with pay in
accordance with the provisions of the Illinois Service
Member Employment and Reemployment Rights Act (330 ILCS
61/) to fulfill the military reserve obligation. Such
leaves will be granted without loss of seniority or
other accrued benefits.
b) In the case of an emergency call-up (or order to State
active duty) by the Governor, the leave shall be granted
for the duration of said emergency with pay and without
loss of seniority or other accrued benefit. Military
earnings for the emergency call-up paid under "An Act to
establish a Military and Naval code for the State of
Illinois and to establish in the Executive Branch of the
State Government a principal department which shail be
known as the Military and Naval Department, State of
Illinois and to repeal an Act therein named (Ill. Rev.
Stat. 1981, ch. 129, pars. 220.01 et seq.)" must be
submitted and assigned to the employing agency, and the
employing agency shall return it to the payroll fund
from which the employee's payroll check was drawn. If
military pay exceeds the employee's earnings for the
period, the employing agency shall return the difference
to the employee.
c) To be eligible for military reserve leave or emergency
call-up pay, the employee must provide the employing
agency with a certificate from the commanding officer of
his/her unit that the leave taken was for either such
purpose.
d) Any full-time employee who is a member of any reserve
component of the United States Armed Forces or who is a
member of the National Guard of any state shall be
granted leave from State employment for any period
actively spent in such military service including basic
training and special or advanced training, whether or
not within the State, and whether or not voluntary, in
accordance with the provisions of the Illinois Service
Member Employment and Reemployment Rights Act (330 ILCS
61).
12.17 Leave for Military Physical Examinations
Any permanent employee drafted or enlisted (excluding reenlistment) into military service shall be allowed up to three
days leave with pay to take a physical examination required by
such draft or enlistment. Upon request, the employee must
provide the employing agency with certification by a responsible
authority that the period of leave was actually used for such
purpose.
12.18 Attendance in Court
a) Any permanent employee called for jury duty or
subpoenaed by any legislative, judicial or
administrative tribunal, shall be allowed time away from
work with pay for such purposes. Upon receiving the sum
paid for jury service or witness fee, the employee shall
submit the warrant, or its equivalent, to the agency to
be returned to the fund in the State Treasury from which
the original payroll warrant was drawn. Provided,
however, an employee may elect to fulfill such call or
subpoena on accrued time off and personal leave and
retain the full amount received for such service.
b) Emergency or temporary employees shall be allowed time
off without pay for such purpose and shall be allowed to
retain the reimbursement received therefore.
c) An employee must notify his or her supervisor as far as
possible in advance of any absence for such purpose.
The supervisor may require the employee to show the
summons, subpoena, or written evidence requiring the
appearance.
12.19 Authorized Holidays
All employees shall have time off, with full salary payment, on
the day designated as a holiday for the following:
- New Year's Day
- Martin Luther King Day
- Lincoln's Birthday
- President’s Day
- Memorial Day
- Independence Day
- Labor Day
- Columbus Day
- Veterans’ Day
- Thanksgiving Day
- Friday following Thanksgiving Day
- Christmas Day
- General Election Day (on which Members of the House of Representatives are elected) and any additional days proclaimed as holidays or non-working days by the Governor of the State of Illinois or by the President of the United States.
12.20 Holiday Observance
Whenever an authorized holiday falls on Saturday, the preceding
Friday shall be observed as the holiday and whenever an
authorized holiday falls on Sunday, the following Monday shall
be so observed.
12.21 Payment for Holidays
Where employees are scheduled and required to work ona
holiday, equivalent time off will be granted within the
following twelve month period at a time convenient to the
employee and consistent with the agency's operating needs
in those instances when the employee has not been
compensated under the provisions in Article 8.4(d).
12.22 Holiday During Vacation
When a holiday falls on an employee's regularly scheduled
workday during the employee's vacation period, an extra day
shall be added to the employee's vacation.
12.23 Eligibility for Holiday Pay
To be eligible for holiday pay, the employee shall work the
employee's last scheduled workday before the holiday and first
scheduled workday after the holiday, unless absence on either or
both of these workdays is for good cause and approved by the
operating agency.
12.24 Vacation Eligibility
a) Employees, except emergency, temporary and those paid
pursuant to 80 Ill. Adm. Code 310.230, shall earn
vacation time. No employee on leave of absence may earn
vacation except when the leave was for the purpose of
accepting a temporary working assignment in another
class.
b) Eligible employees shall earn vacation time in
accordance with the following schedule:
(1) From the date of hire until the completion of five
(5) years of continuous service: 10 workdays per
year of employment.
(2) From the completion of five (5) years of continuous
service until the completion of nine (9) of
continuous service: 15 workdays per year of
employment.
(3) From the completion of 9 years of continuous
service until the completion of 14 years of
continuous service: 17 workdays per year of
employment.
(4) From the completion of 14 years of continuous
service until the completion of 19 years of
continuous service: 20 workdays per year of employment.
(5) From the completion of 19 years of continuous
service until the completion of 25 years of
continuous service: 22 workdays per year of
employment.
(6) From the completion of 25 years of continuous
service: 25 workdays per year of employment.
c) Vacation time may be taken in increments of not less
than 1/2 day at a time, except when requesting two (2)
hour increments at the beginning or ending of the work
day, at any time after it is
shall not be accumulated for
the end of the calendar year
earned. Vacation time
more than 24 months after
in which it is earned.
In addition to the above any single day vacation
requests may be used with a twenty-four (24) hour prior
notice, subject to the Employer's operating needs.
d) Vacation time earned shall be computed in workdays.
After an employee's earned vacation time has been so
computed, if there remains a fractional balance of 1/2
of a workday or less, the employee shall be deemed to
have earned vacation time of 1/2 of a workday in lieu of
the fractional balance; if there remains a fractional
balance of more than 1/2 of a workday, the employee
shall be deemed to have earned a full workday of
vacation time in lieu of a fractional balance. Such
computation will occur upon separation from employment.
e) Computation of vacation time
interrupted continuous State
as though all previous State
earning of vacation benefits
of State employees who have
service shall be determined
service which qualified for
is continuous with present
service. The Rule provided in this paragraph applies to
vacation time earned on or after October 1, 1972.
12.25 Prorated Vacation for Part-Time Employees
Part-time employees shall earn vacation in accordance with the
schedule set forth in Rule 303.250 on a prorated basis
determined by a fraction the numerator of which shall be the
hours worked by the employee and the denominator of which shall
be normal working hours in the year required by the position.
12.26 Vacation Schedule and Loss of Earned Vacation
In establishing vacation schedules, the agency shall consider
both the employee's preference and the operating needs of the
agency. In any event, upon request, vacation time must be
scheduled so that it may be taken not later than 24 months after
the expiration of the calendar year in which such vacation time
was earned. If an employee does not request and take accrued
vacation within such 24 month period, vacation earned during
such calendar year shall be lost.
By January 31 of each calendar year, employees may submit in
writing to the Employer their preferences for vacation, provided
an employee may not submit more than three (3) preferences.
Such request may include vacation through March 31 of the
following calendar year. In establishing vacation schedules,
the Employer shall consider both the employee's preference and
the operating needs of the agency. Where the Employer is unable
to grant and schedule vacation preferences for all employees
within a position classification within a facility but is able
to grant some of such (one or more) employees such vacation
preferences, employees within the position classification shall
be granted such preferred vacation period on the basis of
seniority. An employee who has been granted his/her first
preference shall not be granted another preference request if
such would require denial of the first preference of a less
senior employee. An employee's preference shall be defined as a
specific block of time uninterrupted by work days, which for
these purposes shall be considered 5 or more consecutive
workdays.
Employees who file their preference by January 31, shall be
notified of the vacation schedules by April 1 of that calendar
year. Employees requesting vacation time who have moved at
their prerogative to a different work unit, and whose preference
conflicts with another employee in that work unit, or those
employees who have not filed their preference by January 31 or
were not granted such request, shall be scheduled on the basis
of the employee's preference and the operating needs of the
Employer.
12.27 Payment in Lieu of Vacation
a) Upon termination of employment by means of resignation,
retirement, indeterminate layoff, or discharge, provided
the employee is not employed in another position in
state service within 4 calendar days of such
termination, or upon movement from a position subject to
the Personnel Code to a position not subject to the
Personnel Code, an employee is entitied to be paid for
any vacation earned but not taken or forfeited pursuant
to Rule 303.270, provided the employee has at least 6
months of continuous service since the latest date of
appointment. No other payment in lieu of vacation shall
be made except as provided by Rule 303.295.
b) The payment provided in subsection (a) above shall not
be deemed to extend the effective date of termination by
the number of days represented by said payment.
c) The payment provided in subsection (a) above shall he
computed by multiplying the number of days (hours) of
accumulated vacation by the employee's daily (hourly)
rate as determined in accordance with 80 Ill. Adm. Code
310.520 (a).
d) Effective January 1, 2016, employees newly-hired into
the bargaining unit shall be entitled to a vacation
payout of no more than 45 days.
12.28 Vacation Benefits on Death of Employee
a) Upon the death of a State employee, the person or
persons specified in Section 14a of "An Act in relation
to State Finance" (Ill. Rev. Stat. 1981, ch. 127, par.
150a), as amended, shall be entitled to receive from the
appropriation for personal services theretofore
available for payment of the employee's compensation
such sum for any accrued vacation period to which the
employee was entitled at the time of death, up to 40
days.
b) Such sum shall be computed by multiplying the
employee's daily rate by the number of days of accrued
vacation due. Effective January 1, 2016, employees
newly~hired into the bargaining unit shall be entitled
to a vacation payout of no more than 45 days.
12.29 Effect of Department of Central Management Services Personnel Rules
The Department of Central Management Services Personnel Rules
govern the substantive content of this Article, and any
amendments to said Rules are immediately incorporated as
additions and/or amendments to this Article.
12.30
Pursuant to establish guidelines employees shall have
the option of joining and utilizing the Sick Leave Banks
established in their respective agencies.
12.31 Maternity/Paternity Leave
All employees who provide proof of their pregnancy or that of
their female partner at least 30 days prior to the expected due
date will be eligible for 10 weeks (50 work days) of paid
maternity/paternity leave for each pregnancy resulting in birth
or multiple births. Should both parents be employees they shall
each be eligible for 10 weeks of paid maternity/paternity leave
which may be taken consecutively or concurrently. No employee
will be allowed to take less than a full work week (5
consecutive days). Regardless of the number of pregnancies in a
year, no employee shall receive more than 10 weeks (50 work
days) of paid leave under this Section per year. The State
shall require proof of the birth. In addition, non-married male
employees may be required to provide proof of paternity such as
a birth certificate or other appropriate documentation
confirming paternity.
All bargaining unit members are eligible for ten 10) weeks (50
days) of paid leave with a new adoption, with the leave to
commence when physical custody of the child has been granted to
the member, provided that the member can show that the formal
adoption process is underway. In the event the child was in
foster care immediately preceding the adoption process the leave
will commence once a court order has been issued for permanent
placement and the foster parent has been so notified of their
right to adopt as long as the foster child has not resided in
the home for more than three (3} years. The agency personnel
office must be notified, and the member must submit proof that
the adoption has been initiated. Should both parents be
employees they shall each be eligible for 10 weeks of paid
maternity/paternity leave which may be taken consecutively or
concurrently. No employee will be allowed to take less than a
full work week (5 consecutive work days). Regardless of the
number of adoptions in a year no individual shall receive more
than 10 weeks (50 work days) of said leave under this Section
per year.
Maternity/Paternity leave is for the purpose of bonding with the
new member of the household. Employees are not eligible for the
above referenced leave in the event the adoption is for a step-
child or relative with whom the employee has previously
established residency, for a period of one (1) year or more.
12.32 Bereavement Leave
Upon request, employees shall be granted paid leave of up to
two (2) scheduled work days to attend the funeral or similiar
service, for related travel, and bereavement time, upon the
death of a member of the employee’s immediate family. Leave
shall be limited one instance per calendar year.
Documentation of the reason for the funeral/bereavement
leave, attendance at the funeral or similar service, and
relationship to the deceased may be required.
Immediate family is defined pursuant to this Section as:
father, mother, sister, brother, spouse, children,
grandparent and grandchildren including relationships
established by marriage.
For purposes of application of Bereavement Leave, relationships
existing due to marriage will terminate upon death or divorce of
the relative through whom the marriage relationship exists.
Current marital status will be defined in accordance with State
law.[2]
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