Current through Register Vol. 48, No. 12, March 22, 2024
a) Types
1) Illness: An employee who has expended his
or her accumulated sick leave may be granted a leave without pay, provided that
he or she submits a required statement from an appropriate health care provider
setting forth the reasons for the employee's inability to work. The leave may
continue for an appropriate period approved by the Executive Director provided
that an appropriate health care provider's statement is submitted within the
first 10 calendar days of each month during the leave. The Office shall
continue to pay the premiums for the basic (State-paid) health and life
insurances for an employee on illness leave until expiration of authorized
leave and return to active service, but not to exceed 24 months. Failure to
submit a statement from an appropriate health care provider within the first 10
days of each month during the leave could result in termination of the
leave.
2) On-the-Job Injury and
Service-Connected Disease: An employee who suffers an on-the-job injury or
contracts a service-connected disease shall provide notice to the Director and
the Director of Administrative Services and be allowed full pay during the
first five working days of absence without utilization of any accumulated sick
leave or other benefits. 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 the Workers' Compensation Act [820 ILCS 305 ] or through the
State's self-insurance program. In the event the service-connected illness or
on-the-job injury becomes the subject of payment benefits provided in the
Workers' Compensation Act by the Illinois Workers' Compensation Commission, the
courts, the State self-insurance program or other appropriate authority, the
employee shall restore to the State the dollar equivalent that duplicates
payments made as sick leave or other accumulated benefit time, and the
employee's benefit accounts shall be credited with leave time equivalents.
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.
3) Family and Medical Leave:
A) Eligibility:
i) Employees who have been employed by the
Office for at least 12 months and have worked at least 1,250 hours during the
12 months prior to the start of the federal Family Medical Leave Act of 1993
(FMLA) (29 USC
2601) leave are entitled to up to 12
workweeks leave in any 12-month period for one or more of the following
reasons:
* because of the birth of a son or daughter of the employee and
in order to care for the child;
* because of the placement of a son or daughter with the
employee for adoption or foster care;
* to care for the spouse, or a son, daughter, or parent of the
employee, if the spouse, son, daughter or parent has a serious health
condition;
* because of a serious health condition that makes the employee
unable to perform the function of the position of the
employee.
ii) Spouses
employed by the Office may be limited to a combined total of 12 workweeks of
family leave for the birth and care of a child, placement of a child for
adoption or foster care, or to care for an employee's parent who has a serious
health condition.
B)
Use: The entitlement to leave under subsections (a)(3)(A)(i) and (iii) expires
at the end of the 12-month period beginning on the date of the birth or
placement of a son or daughter. The entitlement to leave under subsections
(a)(3)(A)(iii) and (iv) may be taken intermittently when medically necessary
and when scheduled, so as to not unduly disrupt the Office's
operations.
C) Benefits: Family and
medical leave shall be unpaid. All accrued paid sick time must be exhausted
before any unpaid FMLA leave time may be utilized. The employee may choose to
substitute accrued paid vacation, personal and/or compensatory time for unpaid
FMLA leave. If the employee elects not to substitute his or her accrued paid
vacation, personal or compensatory time for unpaid FMLA leave, the employee
remains entitled to previously accrued or earned paid vacation, personal or
compensatory time. Paid benefit time utilized for FMLA purposes will be counted
toward the 12-week FMLA entitlement. The Office shall continue to pay the
premiums for the basic (State-paid) health and life insurances for an employee
on family and medical leave.
D)
Restoration: Employees who take leave under this subsection (a)(3) shall be
returned to the same or equivalent position with equivalent benefits, pay and
other terms and conditions of employment as held by the employee when the leave
commenced.
E) Optional Extension:
Family and medical leave may be extended up to a total of six months in any
12-month period at the discretion of the Executive Director.
F) Notice and Certification: An employee
shall provide the Office with not less than 30 days' notice of the employee's
intent to take family and medical leave, or other notice as is practical under
the circumstances. Documentation supporting the reasons for taking a leave may
be required. The Office may obtain a second opinion from a health care provider
of its choosing. Authorization from an appropriate health care provider to
return to work may be required.
G)
The terms and conditions of family and medical leave shall be governed by the
Federal Family and Medical Leave Act of 1993.
H) In determining whether a veteran meets the
FMLA eligibility requirement, the months employed and the hours that were
actually worked for the Office shall be combined with the months and hours that
would have been worked during the 12 months prior to the start of the leave
requested but for the military service.
4) Administrative Leave: The Executive
Director may grant administrative leaves of absence to employees for purposes
deemed appropriate. The Executive Director shall determine the duration of the
leave and whether the leave shall be with or without pay, full or partial, and
with or without State-paid benefits.
5) Excused Absence: An employee may be
granted an excused absence with pay upon the approval of the Director to whom
the employee reports.
6) Military,
Job Corps and Peace Corps Leaves: Leaves of absence shall be allowed employees
who enter military service, the Peace Corps or the Job Corps as provided below
and as may be required by law.
A) Military
Service Leave: Leave of absence without pay shall be granted to all employees
who leave their positions and enter military service for four years or less
(exclusive of any additional service imposed pursuant to law). An employee
shall be restored to the same or a similar position on making application to
the Executive Director within 90 days after separation from active duty or from
hospitalization continuing after discharge for not more than one year. The
employee must provide evidence of satisfactory completion of training and
military service when making application for reinstatement and be qualified to
perform the duties of the position. Continuous service and reemployment rights
for veterans subject to federal law shall be as provided in the Uniformed
Services Employment and Reemployment Rights Act (38 USC
4301 et seq.).
B) Military Reserve Training Leave:
i) Any full-time employee of the Office,
other than an independent contractor, who is a member of any reserve component
of the United States Armed Forces or of any reserve component of the Illinois
State Militia, shall be granted leave from Office employment for any period
actively spent in military service, including:
* basic training;
* special or advanced training, whether or not within the State
and whether or not voluntary; and
* annual training.
ii) During the leaves, the employee's
seniority and other benefits shall continue to accrue. During leaves for annual
training, the employee shall continue to receive his or her regular
compensation as a State employee. During leaves for basic training and for up
to 60 days of special or advanced training, if an employee's compensation for
military activities is less than his or her regular compensation as a State
employee, he or she shall receive his or her regular compensation as a State
employee minus amount of his or her base pay for military activities.
C) Federal or State Active
Duty/Emergency Call Up: Any member of the National Guard employed by the Office
whose absence from a position of employment is necessitated by reason of being
called to State Active Duty, whether or not voluntary, shall be entitled to
reemployment rights and benefits and other employment benefits as provided
under the Illinois National Guard Employment Rights Law [20 ILCS 1805 /Art. V]
or the Uniformed Services Employment and Reemployment Rights Act (38
USC 4301) any other applicable State law,
regulation or policy. Except as otherwise provided by law, a member entitled to
reemployment upon completion of a period of Federal or State Active Duty shall
be promptly reemployed in the position of employment that he or she left with
the same increases in status, seniority and wages that were earned during the
period of Federal or State Active Duty by employees in like positions who are
on the job at the time the returning member entered Federal or State Active
Duty, or to a position of like seniority, status and pay, unless the Office's
circumstances have so changed as to make it impossible or unreasonable to do
so. Any member of the National Guard who is reemployed or seeks reemployment to
a position of employment under this subsection (a)(6)(C) shall be considered as
having been on furlough or leave of absence during Federal or State Active Duty
and shall be reemployed without loss of seniority and shall be entitled to
participate in insurance or other benefits offered by the employer pursuant to
established rules and practices related to employees on furlough or leave of
absence in effect at the time the member entered Federal or State Active
Duty.
D) Active Duty Pay: Any
full-time employee of the State of Illinois, other than an independent
contractor, who is a member of the Illinois National Guard or a reserve
component of the United States Armed Forces or the Illinois State Militia and
who is mobilized to active duty shall continue during the period of active duty
to receive benefits and regular compensation as a State employee, minus an
amount equal to his or her military active duty base pay. The terms and
conditions of active duty leave shall be as determined by the Department of
Central Management Services and the State Comptroller. Employees on active duty
leave retain all rights to reemployment benefits, including
insurance.
E) Certification of
Leave: To be eligible for military leave or emergency call-up pay, the employee
must provide certification from the commanding officer of his or her unit that
the leave taken was for either such purpose.
F) Leave for Military Physical Examinations:
Any employee drafted into military service shall be allowed up to three days
leave with pay to take a physical examination required by the draft. Upon
request, the employee must provide the Office with certification by a
responsible authority that the period of leave was actually used for that
purpose.
G) Peace Corps or Job
Corps Enrollees Continuous Service: Any employee who volunteers and is accepted
for service in the overseas or domestic Peace Corps or Job Corps shall be given
a leave of absence from State employment for the duration of the initial period
of service. The employee shall be restored to the same or similar position
provided that the employee returns to employment within 90 days after the
termination of service or release from hospitalization for a Peace Corps or Job
Corps service-connected disability, in which case a physician's statement shall
be provided to the Office.
H)
Veterans Hospital Leave: An employee who is also a veteran shall be permitted
two days with pay per year to visit a veteran's hospital for examination of a
military service-connected disability. The two days shall not be charged
against any sick leave currently available to the employee.
7) Disaster Service Volunteer
Leave: Any employee who is a certified disaster service volunteer of the
American Red Cross or assigned to the Illinois Emergency Management Agency in
accordance with the Illinois Emergency Management Act, the Emergency Management
Assistance Compact Act, or other applicable administrative rules may be granted
leave from work with pay for not more than 20 working days in any 12-month
period to participate in specialized disaster relief services for the American
Red Cross or for the Illinois Emergency Management Agency, as the case may be,
upon the request of the American Red Cross or the Illinois Emergency Management
Agency for the services of that employee and, upon the Executive Director's
approval, the employee shall be granted disaster service volunteer leave
without loss of seniority, pay, vacation time or any other employee
benefit.
8) Attendance in Court:
Any employee called for jury duty or subpoenaed by any legislative, judicial,
or administrative tribunal shall be allowed time away from work with pay for
these purposes. Upon receiving the sum paid for jury service or witness fee,
the employee shall submit the warrant, or its equivalent minus the amount paid
for mileage, to the Fiscal Office 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 and
retain the full amount received for the service.
9) Parental Leave
A) All employees will be eligible for 10
weeks (50 work days) of paid parental leave, per six-month period which begins
upon birth, for each pregnancy resulting in births or multiple births. Proof of
pregnancy must be provided to Administrative Services no later than the
24th week of pregnancy. Proof of a parent-child
relationship (birth certificate or other appropriate documentation) must be
provided to Administrative Services for a non-covered spouse.
B) All employees will be eligible for 10
weeks (50 work days) of paid parental leave per six-month period for a new
adoption. Employees must notify Administrative Services that the adoption has
been initiated. If the adoption occurs after foster placement, the leave is
permitted only if the child or children has/have not resided with the employee
for more than three years. The six-month leave period begins either:
i) when physical custody of the child or
children has been granted to the employee, provided that the employee can show
that the formal adoption process is underway; or
ii) in cases of adoption following foster
placement, upon filing of the Petition for Adoption.
C) Parental leave must be exhausted no later
than six months after the birth or adoption of the child.
10) Educational Leave: The Executive Director
may grant an employee an educational leave of absence for the purpose of
engaging in a training course. No educational leave may be granted unless, in
the Executive Director's judgment, the training course would benefit the Office
by improving the employee's qualifications to perform the duties of the
employee's position in Office service. During a period of educational leave,
only State-paid health benefits and life insurance benefits shall continue as
provided under Section 10(c) of the State Group Insurance Act [5 ILCS 375
].
11) Organ Donor/Blood Donor
Leave:
A) Upon request and approval by the
Office, an employee may be entitled to organ donor and/or blood donor leave
with pay as follows:
i) up to 30 days of organ
donation leave in any 12-month period to serve as a bone marrow or organ donor.
Medical documentation of the proposed organ or bone marrow donation shall be
required before the leave is approved by the Director;
ii) up to one hour to donate blood every 56
days. Medical documentation to substantiate the use of leave time for this
purpose may be required;
iii) up to
two hours to donate blood platelets in accordance with appropriate medical
standards established by the American Red Cross or other nationally recognized
standards. Leave to donate blood platelets may not be granted more than 24
times in a 12-month period.
B) An employee may not be required to use
accumulated sick or vacation leave time before being eligible for leave under
this subsection (a)(11). Medical documentation to substantiate the use of leave
time for these purposes may be required.
12) Leave Due to Domestic or Sexual Violence:
An employee who is a victim of domestic or sexual violence or who has a family
or household member who is a victim of domestic or sexual violence whose
interests are not adverse to the employee as it relates to the domestic or
sexual violence may be entitled to take up to 12 workweeks of unpaid leave
during any 12-month period for the purposes and under the terms and conditions
provided in the Victims' Economic Security and Safety Act [820 ILCS 180 ] and
implementing regulations (56 Ill. Adm. Code 280).
b) Employee Rights After Leave: When an
employee returns from a leave of absence of six months or less, the Office
shall return the employee to the same or similar position in which the employee
was incumbent prior to the commencement of leave, provided that all
requirements for substantiation of use of leave or physical fitness have been
furnished and that application for reassignment is made within the specified
time limit of the leave. When an employee returns from a leave of absence
exceeding six months in duration, other than leave of absence granted under
subsection (a)(6), and there is no vacant position in the same position
classification in which the employee was incumbent prior to the commencement of
leave, the employee may be laid off. An employee returning from a leave of
absence under subsection (a)(6) shall be returned to the same or similar
position in which the employee was incumbent prior to the commencement of
leave, provided that all requirements for substantiation of use of leave or
physical fitness have been furnished, that application for reassignment is made
within the specified time limits of the leave, and that the Office's
circumstances have not changed so as to make reassignments impossible or
unreasonable.
c) Failure to Return:
Failure of an employee to return from leave within five working days after the
expiration or termination date of a leave, whichever is applicable, may be
cause for discharge. Leave shall automatically terminate upon the employee's
securing other employment during the leave period. It shall be the employee's
responsibility to notify the Director and the Director of Administrative
Services of other employment.
d)
Accrual and Retention of Continuous Service during Certain Leaves: During the
following leaves, an employee shall retain and accrue continuous service,
provided appropriate application and return is made as required by this
Section: family and medical leave; educational leave; administrative leave;
military leave; Peace Corps or Job Corps leave; disaster service volunteer
leave; or service-connected disability leave.