| “ | 12.1 Sick Leave
All employees, excepting those in emergency, intermittent, perdiem or temporary status, unless such status is the result ofaccepting a non-permanent working assignment in another class,shall accumulate sick leave at the rate of one day for eachmonth's service. Sick leave may be used for illness, disabilityor injury of the employee, appointments with doctor, dentist orother professional medical practitioner and also may be used fornot more than 30 days in one calendar year in the event ofserious illness, disability, injury or death of a member of theemployee's immediate family (including grandchildren). Theoperating agency or the Department may require evidence tosubstantiate that such leave days were used for the purposeherein set forth for periods of absence of ten consecutiveworkdays or less. For periods of absence for more than tenconsecutive workdays the employee shall provide verification forsuch absence in accordance with the provisions of Rule 303.145.Sick leave may be initially taken in increments of not less thanone-hour at a time and in one-half hour increments thereafter.A full time employee shall be awarded one (1) additionalpersonal day on January 15* of each calendar year if no sick timewas used in the preceding twelve (12) month period, beginning onJanuary 1st and ending on December 31st. Such additional personalday 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 ofcontinuous service unused sick leave allowed under this Subpartand shall retain any unused sick leave or emergency absenceleave accumulated prior to December 19, 1961. 12.3 Payment in Lieu of Sick Leave
a) Upon termination of employment for any reason, uponmovement from a position subject to the Personnel Codeto another state position not subject to the Code, orupon indeterminate layoff, an employee or the employee'sestate is entitled to be paid for unused sick leavepursuant to Public Act 90-65.6
b) The method of computing the hourly or daily salary ratefor sick leave qualifying for lump sum payment upontermination of employment shall be in accordance withRule 310.520a.
c) If an employee has a negative sick leave balancepursuant 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'ssick 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 employmentexcept 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 theoperating agency through prior written approval.Employees entitled to receive such leave who enterservice during the year shall be given credit for suchleave at the rate of 1/2 day for each 2 months servicefor the calendar year in which hired. Such personalleave may not be used in increments of less than two (2)hours at a time. Except for those emergency situationswhich preclude the making of prior arrangements, suchdays off shall be scheduled sufficiently in advance tobe consistent with operating needs of the Employer.
b) Personal leave shall not accumulate from calendar year tocalendar year; nor shall any employee be entitled topayment for unused personal leave upon separation fromthe service except as provided in Section 8c(2) of thePersonnel Code. 12.7 On-The-Job Injury -- Industrial Disease
a) An employee who suffers an on-the-job injury or whocontracts a service-connected disease, shall be allowedfull pay during the first 5 working days of absencewithout utilization of any accumulated sick leave orother benefits, provided the need for the absence issupported by medical documentation. This allowancewith full pay for up to one calendar week (5 work days)shall be made in advance of the determination as towhether the injury or illness is service connected.If, within 30 days of the date of the allowance of fullpay under this section, the employee has failed tocomplete the required paperwork and submitteddocumentation to reach a decision regarding the serviceconnected nature of the injury or illness, the timegranted may be rescinded and the days will be chargedagainst the employee’s accumulated benefit time.Employees whose compensable service connected injury orillness requires appointments with a doctor, dentist,or other professional medical practitioner shall, withsupervisor approval, be allowed to go to suchappointments without loss of pay and withoututilization of sick leave. Thereafter the employeeshall be permitted to utilize accumulated sick leave orother benefits unless the employee has applied for andbeen granted temporary total disability benefits inlieu of salary or wages pursuant to provisions of theWorkers' 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 disabilityleave, in addition to retaining and accruing continuousservice, shall accrue vacation and sick leave creditsduring such leave, as though working, the same to becredited to the employee upon the employee's return towork. Return to work is defined as the employees firstday back to active payroll status with an authorizedlicensed physician’s release.
b) In the event such service-connected injury or illnessbecomes the subject of payment of benefits provided inthe Workers' Compensation Act by the Workers’Compensation Commission, the courts, the State selfinsurance program or other appropriate authority, theemployee shall restore to the State the dollarequivalent which duplicates payment received as sickleave or other accumulated benefit time, and theemployee's benefit accounts shall be credited with leavetime equivalents. 12.8 Leaves of Absence Without Pay
a) Subject to the operating needs of the Employer, a Unionmember elected or appointed to serve as a Union officialshall be granted a leave of absence withoutdiscrimination or loss of seniority rights, without payfor a period of twelve months. Any renewal of suchleave shall be at the request of the local union andshall be subject to the same standards as the originalrequest. A certified employee shall continue toaccumulate continuous service and seniority.
b) Any employee, except an employee in a position orprogram financed in whole or in part by loans or grantsmade by the United States or any Federal agency, who iselected to State office, shall, upon request, be granteda leave of absence for the duration of the electedterms.
c) No emergency or temporary employee shall be grantedleave of absence. 12.9 Leave to Attend Union Conventions
An employee who is a member of a union representing Stateemployees and who has been selected as delegate, or alternatedelegate to attend union conventions shall be allowed a leave ofabsence without pay, subject to the approval of the head of theagency in which employed, to attend said convention. 12.10 Disability Leave
a) An employee who is unable to perform a substantialportion of his/her regularly assigned duties due totemporary physical or mental disability shall uponrequest be granted a leave for the duration of suchdisability.
b) In granting such leave or use of sick leave as providedin Rule 303.90, the agency shall apply the followingstandards:
(1) A substantial portion of regularly assigned dutiesshall be those duties or responsibilities normallyperformed by the employee which constitute asignificant portion of the employee's time or whichconstitute the differentiating factors whichidentify that particular position from otherpositions, provided the balance of duties can bereassigned by the agency;
(2) A request for disability leave shall be in writingexcept when the Agency is advised by otherappropriate means of the employee's disability inwhich event the employee's signature is notrequired;
(3) Except for service-connected disability as providedin Rule 303.135, the employee shall have exhaustedavailable sick leave provided under Rule 303.90prier to being granted a disability leave; anemployee may use other accrued paid time for thispurpose but is not required to do so;
(4) During a disability leave, the disabled employeeshall provide written verification by a personlicensed under the "Medical Practices Act" (Ill.Rev. Stat. 1981, ch. 111, pars. 4401 et seq.) orunder similar laws of Illinois or of other statesor countries or by an individual authorized by arecognized religious denomination to treat byprayer or spiritual means; such verification shallshow the diagnosis, prognosis and expected durationof the disability; such verification shall be madeno less often than every 30 days during a period ofdisability, unless the nature of the disabilityprecludes the need for such frequency ofverification;
(5) As soon as an employee becomes aware of animpending period of disability, he/she shall notifythe appropriate supervisor of such disability andprovide a written statement by the attendingphysician of the approximate date the employee willbe unable to perform his/her regularly assignedduties;
(6) If the Agency has reason to believe that theemployee is able or unable to perform a substantialportion of his/her regularly assigned duties, itmay seek and rely upon the decision of an impartialphysician chosen by agreement of the parties or inthe absence of such agreement upon the decision ofan impartial physician who is not a State employeeand who is selected by the Director.
(7) In the case of a dispute involving serviceconnected injury or illness, no action shall betaken which is inconsistent with relevant lawand/or regulations of the Illinois Workers’Compensation Commission. Such determination shallpertain solely to an employee's right to be placedon or continued on illness or injury leave,including service connected illness or injuryleave. For service connected illness or injuryleave the right to select the impartial physicianshall be between the employee and the Department ofCentral Management Services.
(8) Until such time as the employer negotiates with theunion its position on whether Department ofTransportation employees are held to or exempt fromthe federal medical guidelines, the employer willnot apply such standards. This does not precludethe employer from conducting fitness for duty examsbased on current job descriptions nor does itpreclude the employer from continuing its practiceof prohibiting employees from working if themedications they are taking would prohibit anemployee from functioning in their position. Thisprovision does not apply to pre-employment. c) Failure of an employee to provide verification ofcontinued disability upon reasonable request shall ondue notice cause termination of such leave.
d) An employee's disability leave shall terminate when saidemployee is no longer temporarily disabled fromperforming his/her regularly assigned duties.
(1) An employee is no longer temporarily disabled whenhe/she is able to perform his/her regularlyassigned duties upon advice of the appropriateauthority or, in the absence of such authority, theattending physician.
(2) An employee is no longer temporarily disabled whenhe/she is found to be permanently disabled andunable to perform a substantial or significantportion of his/her regularly assigned duties by theappropriate authority, or in the absence of suchauthority, by the attending physician.
(3) In determining whether to approve a requesteddischarge of an employee for failure to return froma disability leave or for physical inability toperform the duties of a position, the Director mayseek and rely upon the advice of the StateEmployees Retirement System or other appropriateauthority, including an impartial physicianselected in accordance with Rule 303.145({b) (6).
e) Return from Disability Leave
(1) An employee who returns from a disability leave ofsix months or less shall be returned by the Agencyto the same or similar position in the same classin which the employee was incumbent at the time theleave commenced.
(2) An employee who returns from a disability leaveexceeding six months and there is no vacantposition available in the same class held by theemployee at the commencement of such leave may belaid off in accordance with the Rules on VoluntaryReduction and Layoff, unless such leave resultedfrom service-connected disability, in which casethe employee shall be returned to employment as in(1) above.
f) An employee who is on disability leave while intemporary or emergency status, except if such statusresults from a leave of absence to accept such position,shall be eligible for such leave for the balance of suchappointment and shall earn or accrue no other benefitarising from this Subpart. 12.11 Family Responsibility Leave
a) An employee who wishes to be absent from work in orderto meet or fulfill responsibilities, as defined insubsection (f) below, arising from the employee's rolein his or her family or as head of the household willnormally, upon request and in the absence of anothermore appropriate form of leave, be granted a FamilyResponsibility Leave for a period not to exceed oneyear. Such request shall not be unreasonably denied.Employees shall not be required to use any accumulatedbenefit time prior to taking Family ResponsibilityLeave. The Agency Head will consider whether the needfor the family responsibility leave is substantial,whether the action is consistent with the treatment ofother similar situations and whether the action isequitable in view of the particular circ*mstancesprompting the request.
b) Any request for such leave shall be in writing by theemployee not less than 15 calendar days in advance ofthe leave unless such notice is precluded by emergencyconditions, stating the purpose of the Leave, and theexpected duration of absence.
c) Such leave shall be granted only to a permanent fulltime employee, except that an intermittent employeeshall be non-scheduled for the duration of the requiredleave. An employee in temporary, emergency,provisional, or trainee status shall not be granted suchleave.
d) "Family Responsibility' for purposes of this section isdefined as the duty or obligation perceived by theemployee to provide care, full-time supervision, custodyor non-professional treatment for a member of theemployee's immediate family or household undercirc*mstances temporarily inconsistent withuninterrupted employment in State service (P.A. 83-877,eff. 9/26/83).
e) 'Family' has the customary and usual definition for thisterm for purposes of this section that is:
(1) group of two or more individuals living under oneroof, having one head of the household and usually,but not always, having a common ancestry, andincluding the employee's spouse;
(2) such natural relation of the employee, even thoughnot living in the same household, a parent, siblingor child; or
(3) adoptive, custodial and ‘in-law’ individuals whenresiding in the employee's household but excludingpersons not otherwise related of the same oropposite sex sharing the same living quarters butnot meeting any other criteria for 'family'.
f) Standards for granting a Family Responsibility Leaveare:
(1) to provide nursing and/or custodial care for theemployee's newborn infant, whether natural born oradopted;
(2) to care for a temporarily disabled, incapacitatedor bedridden resident of the employee's householdor member of the employee's family;
(3) to furnish special guidance, care or supervision ofa resident of the employee's household or a memberof the employee's family in extraordinary needthereof;
(4) to respond to the temporary dislocation of thefamily due to a natural disaster, crime,insurrection, war or other disruptive event;
(5) to settle the estate of a deceased member of theemployee's family or to act as conservator if soappointed and providing the exercise of suchfunctions precludes the employee from working; or,
(6) to perform family responsibilities consistent withthe intention of this section but not otherwisespecified.
g) The agency shall require substantiation or verificationof the need by the employee for such leave, thesubstantiation or verification shall be consistent withand appropriate to the reason cited in requesting theleave, such as:
(1) a written statement by a physician or medicalpractitioner licensed under the "Medical PracticesAct" (Ill. Rev. Stat. 1981, ch. 111, pars. 4401 etseq.) or under similar laws of Illinois or ofanother state or country or by an individualauthorized by a recognized religious denominationto treat by prayer or spiritual means, suchverification to show the diagnosis, prognosis and expected duration of the disability requiring theemployee's presence;
(2) written report by a social worker, psychologist, orother appropriate practitioner concerning the needfor close supervision or care of a child or otherfamily member;
(3) written direction by an appropriate officer of thecourts, a probation officer or similar officialdirecting close supervision of a member of theemployee's household or family; or
(4) an independent verification substantiating that theneed for such leave exists.
h) Such leave shall not be renewed, however a new leaveshall be granted at any time for any reason consistentwith Rule 303.148(f£) other than that for which theoriginal leave was granted.
i) If an agency has reason to believe that the conditiongiving rise to the given need for such leave no longerexists during the course of the leave, it should requirefurther substantiation or verification and, ifappropriate, direct the employee to return to work on adate certain.
j)Failure of an employee upon request by the employingagency to provide such verification or substantiation iscause on due notice for termination of the leave.
k) Such leave shall not be used for purpose of securingalternative employment. An employee during such leavemay not be gainfully employed full time, otherwise theleave shall terminate.
l) Upon expiration of a Family Responsibility Leave, orprior to such expiration by mutual agreement between theemployee and the employing agency, the agency shallreturn the employee to the same or similar positionclassification that the employee held immediately priorto the commencement of the leave. If there is no suchposition available, the employee will be subject tolayoff in accordance with the section on VoluntaryReduction and Layoff (80 Ili. Adm. Code 302: Subpart J).
m) Nothing in this section shall preclude the reallocationor abolition of the position classification of theemployee during such leave nor shall the employee beexempt from the section on Voluntary Reduction andLayoff by virtue of such leave.
n) The Employer shall pay its portion of the employee'shealth and dental insurance (individual or family) forup to six (6) months while an employee is on familyresponsibility leave and also would qualify for a leavepursuant to the criteria set forth in the Family andMedical Leave Act of 1993. 12.12 Employee Rights After Leave
When an employee returns from a leave of absence of six monthsor less, the agency shall return the employee to the same orsimilar position in the same class in which the employee wasincumbent prior to commencement of such leave. Except for thoseleaves granted under Rules 303.155 and 303.160, when an employeereturns from a leave or leaves exceeding six months and there isno vacant position available to him/her in the same class inwhich the employee was incumbent to such leave or leavescommencing, the employee may be laid off in accordance with therules on voluntary reduction and layoffs. 12.13 Failure to Return
Failure to return from leave within 5 days after the expirationdate may be cause for discharge. 12.14 Leave to Take Exempt Position
With prior approval by the Director, an agency may approveleaves of absence for certified employees who accept appointmentin a position which is exempt from Jurisdiction B of thePersonnel Code. Such leaves of absence may be for a period ofone year or less and may be extended for additional one yearperiods. At the expiration thereof, an employee shall berestored to the same or similar position upon making applicationof the employing agency with continuous service including theperiod of such leave, except that employees who are on leave ofabsence status from positions subject to Term Appointment ofJanuary 1, 1980 shall be subject to the provisions of TermAppointment and whose rights shall be terminated under theprovisions of this part if not reappointed pursuant to 80 I1l.Adm. Code 302.841. In approving such leaves the Director shallverify the agency approval and employee's agreement. 12.15 Military and Peace Corps Leave
Leave of absence shall be allowed employees who enter militaryservice 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 reservecomponent of the Armed Services of the United States,including the reserve components of the Armed Servicesof any state, or who is a member of the National Guardof any state shall be allowed military leave with pay inaccordance with the provisions of the Illinois ServiceMember Employment and Reemployment Rights Act (330 ILCS61/) to fulfill the military reserve obligation. Suchleaves will be granted without loss of seniority orother accrued benefits.
b) In the case of an emergency call-up (or order to Stateactive duty) by the Governor, the leave shall be grantedfor the duration of said emergency with pay and withoutloss of seniority or other accrued benefit. Militaryearnings for the emergency call-up paid under "An Act toestablish a Military and Naval code for the State ofIllinois and to establish in the Executive Branch of theState Government a principal department which shail beknown as the Military and Naval Department, State ofIllinois and to repeal an Act therein named (Ill. Rev.Stat. 1981, ch. 129, pars. 220.01 et seq.)" must besubmitted and assigned to the employing agency, and theemploying agency shall return it to the payroll fundfrom which the employee's payroll check was drawn. Ifmilitary pay exceeds the employee's earnings for theperiod, the employing agency shall return the differenceto the employee.
c) To be eligible for military reserve leave or emergencycall-up pay, the employee must provide the employingagency with a certificate from the commanding officer ofhis/her unit that the leave taken was for either suchpurpose.
d) Any full-time employee who is a member of any reservecomponent of the United States Armed Forces or who is amember of the National Guard of any state shall begranted leave from State employment for any periodactively spent in such military service including basictraining and special or advanced training, whether ornot within the State, and whether or not voluntary, inaccordance with the provisions of the Illinois ServiceMember Employment and Reemployment Rights Act (330 ILCS61). 12.17 Leave for Military Physical Examinations
Any permanent employee drafted or enlisted (excluding reenlistment) into military service shall be allowed up to threedays leave with pay to take a physical examination required bysuch draft or enlistment. Upon request, the employee mustprovide the employing agency with certification by a responsibleauthority that the period of leave was actually used for suchpurpose. 12.18 Attendance in Court
a) Any permanent employee called for jury duty orsubpoenaed by any legislative, judicial oradministrative tribunal, shall be allowed time away fromwork with pay for such purposes. Upon receiving the sumpaid for jury service or witness fee, the employee shallsubmit the warrant, or its equivalent, to the agency tobe returned to the fund in the State Treasury from whichthe original payroll warrant was drawn. Provided,however, an employee may elect to fulfill such call orsubpoena on accrued time off and personal leave andretain the full amount received for such service.
b) Emergency or temporary employees shall be allowed timeoff without pay for such purpose and shall be allowed toretain the reimbursem*nt received therefore.
c) An employee must notify his or her supervisor as far aspossible in advance of any absence for such purpose.The supervisor may require the employee to show thesummons, subpoena, or written evidence requiring theappearance. 12.19 Authorized Holidays
All employees shall have time off, with full salary payment, onthe 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 precedingFriday shall be observed as the holiday and whenever anauthorized holiday falls on Sunday, the following Monday shallbe so observed. 12.21 Payment for Holidays
Where employees are scheduled and required to work onaholiday, equivalent time off will be granted within thefollowing twelve month period at a time convenient to theemployee and consistent with the agency's operating needsin those instances when the employee has not beencompensated under the provisions in Article 8.4(d). 12.22 Holiday During Vacation
When a holiday falls on an employee's regularly scheduledworkday during the employee's vacation period, an extra dayshall be added to the employee's vacation. 12.23 Eligibility for Holiday Pay
To be eligible for holiday pay, the employee shall work theemployee's last scheduled workday before the holiday and firstscheduled workday after the holiday, unless absence on either orboth of these workdays is for good cause and approved by theoperating agency. 12.24 Vacation Eligibility
a) Employees, except emergency, temporary and those paidpursuant to 80 Ill. Adm. Code 310.230, shall earnvacation time. No employee on leave of absence may earnvacation except when the leave was for the purpose ofaccepting a temporary working assignment in anotherclass.
b) Eligible employees shall earn vacation time inaccordance with the following schedule:(1) From the date of hire until the completion of five(5) years of continuous service: 10 workdays peryear of employment.
(2) From the completion of five (5) years of continuousservice until the completion of nine (9) ofcontinuous service: 15 workdays per year ofemployment.
(3) From the completion of 9 years of continuousservice until the completion of 14 years ofcontinuous service: 17 workdays per year ofemployment.
(4) From the completion of 14 years of continuousservice until the completion of 19 years ofcontinuous service: 20 workdays per year of employment.
(5) From the completion of 19 years of continuousservice until the completion of 25 years ofcontinuous service: 22 workdays per year ofemployment.
(6) From the completion of 25 years of continuousservice: 25 workdays per year of employment.
c) Vacation time may be taken in increments of not lessthan 1/2 day at a time, except when requesting two (2)hour increments at the beginning or ending of the workday, at any time after it isshall not be accumulated forthe end of the calendar yearearned. Vacation timemore than 24 months afterin which it is earned.In addition to the above any single day vacationrequests may be used with a twenty-four (24) hour priornotice, 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 socomputed, if there remains a fractional balance of 1/2of a workday or less, the employee shall be deemed tohave earned vacation time of 1/2 of a workday in lieu ofthe fractional balance; if there remains a fractionalbalance of more than 1/2 of a workday, the employeeshall be deemed to have earned a full workday ofvacation time in lieu of a fractional balance. Suchcomputation will occur upon separation from employment.
e) Computation of vacation timeinterrupted continuous Stateas though all previous Stateearning of vacation benefitsof State employees who haveservice shall be determinedservice which qualified foris continuous with presentservice. The Rule provided in this paragraph applies tovacation 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 theschedule set forth in Rule 303.250 on a prorated basisdetermined by a fraction the numerator of which shall be thehours worked by the employee and the denominator of which shallbe 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 considerboth the employee's preference and the operating needs of theagency. In any event, upon request, vacation time must bescheduled so that it may be taken not later than 24 months afterthe expiration of the calendar year in which such vacation timewas earned. If an employee does not request and take accruedvacation within such 24 month period, vacation earned duringsuch calendar year shall be lost. By January 31 of each calendar year, employees may submit inwriting to the Employer their preferences for vacation, providedan employee may not submit more than three (3) preferences.Such request may include vacation through March 31 of thefollowing calendar year. In establishing vacation schedules,the Employer shall consider both the employee's preference andthe operating needs of the agency. Where the Employer is unableto grant and schedule vacation preferences for all employeeswithin a position classification within a facility but is ableto grant some of such (one or more) employees such vacationpreferences, employees within the position classification shallbe granted such preferred vacation period on the basis ofseniority. An employee who has been granted his/her firstpreference shall not be granted another preference request ifsuch would require denial of the first preference of a lesssenior employee. An employee's preference shall be defined as aspecific block of time uninterrupted by work days, which forthese purposes shall be considered 5 or more consecutiveworkdays. Employees who file their preference by January 31, shall benotified of the vacation schedules by April 1 of that calendaryear. Employees requesting vacation time who have moved attheir prerogative to a different work unit, and whose preferenceconflicts with another employee in that work unit, or thoseemployees who have not filed their preference by January 31 orwere not granted such request, shall be scheduled on the basisof the employee's preference and the operating needs of theEmployer. 12.27 Payment in Lieu of Vacation
a) Upon termination of employment by means of resignation,retirement, indeterminate layoff, or discharge, providedthe employee is not employed in another position instate service within 4 calendar days of suchtermination, or upon movement from a position subject tothe Personnel Code to a position not subject to thePersonnel Code, an employee is entitied to be paid forany vacation earned but not taken or forfeited pursuantto Rule 303.270, provided the employee has at least 6months of continuous service since the latest date ofappointment. No other payment in lieu of vacation shallbe made except as provided by Rule 303.295.
b) The payment provided in subsection (a) above shall notbe deemed to extend the effective date of termination bythe number of days represented by said payment.
c) The payment provided in subsection (a) above shall hecomputed by multiplying the number of days (hours) ofaccumulated vacation by the employee's daily (hourly)rate as determined in accordance with 80 Ill. Adm. Code310.520 (a).
d) Effective January 1, 2016, employees newly-hired intothe bargaining unit shall be entitled to a vacationpayout of no more than 45 days. 12.28 Vacation Benefits on Death of Employee
a) Upon the death of a State employee, the person orpersons specified in Section 14a of "An Act in relationto State Finance" (Ill. Rev. Stat. 1981, ch. 127, par.150a), as amended, shall be entitled to receive from theappropriation for personal services theretoforeavailable for payment of the employee's compensationsuch sum for any accrued vacation period to which theemployee was entitled at the time of death, up to 40days.
b) Such sum shall be computed by multiplying theemployee's daily rate by the number of days of accruedvacation due. Effective January 1, 2016, employeesnewly~hired into the bargaining unit shall be entitledto 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 Rulesgovern the substantive content of this Article, and anyamendments to said Rules are immediately incorporated asadditions and/or amendments to this Article. 12.30
Pursuant to establish guidelines employees shall havethe option of joining and utilizing the Sick Leave Banksestablished in their respective agencies. 12.31 Maternity/Paternity Leave
All employees who provide proof of their pregnancy or that oftheir female partner at least 30 days prior to the expected duedate will be eligible for 10 weeks (50 work days) of paidmaternity/paternity leave for each pregnancy resulting in birthor multiple births. Should both parents be employees they shalleach be eligible for 10 weeks of paid maternity/paternity leavewhich may be taken consecutively or concurrently. No employeewill be allowed to take less than a full work week (5consecutive days). Regardless of the number of pregnancies in ayear, no employee shall receive more than 10 weeks (50 workdays) of paid leave under this Section per year. The Stateshall require proof of the birth. In addition, non-married maleemployees may be required to provide proof of paternity such asa birth certificate or other appropriate documentationconfirming paternity. All bargaining unit members are eligible for ten 10) weeks (50days) of paid leave with a new adoption, with the leave tocommence when physical custody of the child has been granted tothe member, provided that the member can show that the formaladoption process is underway. In the event the child was infoster care immediately preceding the adoption process the leavewill commence once a court order has been issued for permanentplacement and the foster parent has been so notified of theirright to adopt as long as the foster child has not resided inthe home for more than three (3} years. The agency personneloffice must be notified, and the member must submit proof thatthe adoption has been initiated. Should both parents beemployees they shall each be eligible for 10 weeks of paidmaternity/paternity leave which may be taken consecutively orconcurrently. No employee will be allowed to take less than afull work week (5 consecutive work days). Regardless of thenumber of adoptions in a year no individual shall receive morethan 10 weeks (50 work days) of said leave under this Sectionper year. Maternity/Paternity leave is for the purpose of bonding with thenew member of the household. Employees are not eligible for theabove referenced leave in the event the adoption is for a step-child or relative with whom the employee has previouslyestablished residency, for a period of one (1) year or more. 12.32 Bereavement Leave
Upon request, employees shall be granted paid leave of up totwo (2) scheduled work days to attend the funeral or similiarservice, for related travel, and bereavement time, upon thedeath of a member of the employee’s immediate family. Leaveshall be limited one instance per calendar year.Documentation of the reason for the funeral/bereavementleave, attendance at the funeral or similar service, andrelationship 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 relationshipsestablished by marriage.For purposes of application of Bereavement Leave, relationshipsexisting due to marriage will terminate upon death or divorce ofthe relative through whom the marriage relationship exists.Current marital status will be defined in accordance with Statelaw.[2] | ” |
