Current through Register Vol. 48, No. 52, December 27, 2024
a) Accumulation of
Seniority
1) After the completion of the
probationary period, the status employee's seniority shall date from the
beginning of the probationary period. Seniority is accumulated on the basis of
hours in a pay status exclusive of overtime. Seniority may be accumulated in
certain types of non-pay status under specified conditions as provided for in
subsections (f), (g), (h) and (j).
2) Seniority, once earned in a class, is
retained during any period of continuous employment:
A) Except as provided for in lesser units in
accordance with subsection (k)(2).
B) Except an employee does not retain
seniority in any class from which he/she has been demoted because of
unsatisfactory performance or for disciplinary reasons.
b) Retention of Seniority.
Seniority accrued in a class is retained for that class for purposes of retreat
rights even though an employee accepts a position in another class outside of
the promotional line.
c) Seniority
Lists. Each employer shall maintain a public and current seniority list that
includes the names of all status employees in each class in order of their
seniority.
d) Ties in Seniority
Lists
1) If two or more employees have the
same seniority, their names shall be placed on the seniority list in the order
of their scores in the examination for the position; i.e., the person with the
highest score shall be first, next highest second, and continuing in descending
order of their scores. Seniority between employees who receive the same score
on the examination shall be determined in accordance with years of service at
the place of employment, then in accordance with date of application for
employment.
2) If two or more
employees have the same seniority in the same lesser unit, subsection (d)(1)
shall apply.
e)
Accumulation of Seniority, or Service, in Promotional Line. Seniority or
service in a higher class in a promotional line may be added to seniority or
service earned in a lower class in the same line to compute total seniority or
service in the lower class. Seniority earned in a class shall be counted toward
seniority in a lower class in the same promotional line even though the
employee may not have served in the lower class. Seniority or service earned in
a lower class in a promotional line may not be added to seniority or service
earned in a higher class in the same line to compute total seniority or service
in the higher class.
f)
Accumulation of Seniority during Disability. Subject to limitation imposed by
subsection (h), employees accrue seniority while on leave of absence for
disability, as defined in Section
250.110(b)(3)
and for an occupational or work-related
disability that becomes the subject of payment of income benefits as defined by
the Workers' Compensation Act [820 ILCS 305 ], the Workers' Occupational
Diseases Act [820 ILCS 310 ], a State self-insurance program, or other
appropriate authority.
g)
Accumulation of Seniority during Authorized Absence without Pay. An employee
shall accrue seniority during approved leaves of absence without pay, not
exceeding a total of 30 work days within any calendar year.
h) Accumulation of Seniority during Layoff
Status. An employee continues to accrue seniority during layoff occasioned by a
break in the academic calendar or during any other layoff period, not in excess
of 30 consecutive work days.
i)
Accumulation of Seniority during Suspension. Employees do not accrue seniority
while on suspension.
j)
Accumulation of Seniority during Military Service
1) A status employee accrues seniority during
leave for military service until the date of separation from active military
service and for 90 calendar days after separation, if the separation is under
conditions other than dishonorable.
2) An employee whose name has been certified
and who has not completed the probationary period at the time of approval for
leave for military service shall continue to accrue seniority in his/ her
classification for the entire time of leave for military service until the date
of separation from active service and for 90 calendar days after separation,
provided the employee meets the following conditions:
A) the separation from active military
service is under conditions other than dishonorable;
B) reemployment occurs in a position of the
same class in which employed at the time of leave for military service;
and
C) the probationary period is
satisfactorily completed in the class upon reemployment.
k) Effect of Lesser Units on
Seniority
1) Lesser units, for purposes of
determining seniority, may be approved by the Merit Board, provided two-thirds
of the status employees within the class involved in the approval of the lesser
unit shall agree to the creation of the lesser unit. A lesser unit can be
disestablished only by agreement (i.e., election) of two-thirds of all status
employees in the class at the place of employment (subject to subsequent
approval by the Merit Board).
2) A
status employee who accepts a position in a different lesser unit relinquishes
seniority acquired in the previous lesser unit, but cannot be required to serve
another probationary period, providing there is no change in class.
3) An employee in a lesser unit who accepts a
temporary assignment in another lesser unit during a period of layoff does not
accrue seniority in the latter unit.
l) Effect of Vacation Time on Seniority at
Time of Separation. At the time of separation, seniority shall be accrued only
through the period of actual service to the employer. Payment for earned
vacation time shall not be included in the seniority computation.
m) Restoration of Seniority after Retirement.
If a retired employee is reemployed within 60 days after retirement, seniority
earned up to the effective date of retirement shall be restored.
