Current through Register Vol. 48, No. 38, September 20, 2024
a)
Transfer - Upon assignment of an employee to a vacant position in a class with
the same salary range as the class for the position being vacated, the
employee's base salary will not be changed. Upon separation and subsequent
appointment to a position in the same salary range, no increase in salary will
be given. Any deviation from no change to the employee's base salary is a
special salary adjustment (see Section
310.470).
b) Entrance Base Salary - Each agency shall
not request current or past wage or salary at any location (website, form or
process). If a candidate inadvertently or voluntarily, without prompting,
discloses the candidate's current wage or salary history, including benefits or
other compensation, the agency shall not consider or rely on the information in
a current or future salary offer and shall disregard the information. In-hire
rates assigned to trainee program classifications are the entrance base salary
(see Section 310.47).
1) When the new-to-State-government candidate
only meets the minimum of the classification requirements, the entrance base
salary is the lowest salary in the anticipated starting salary range, the
anticipated starting salary, or the in-hire rate.
2) Qualifications Above Minimum Requirements
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A) For Other Than Trainee Classification
Titles When the Candidate is New to State Government - For other than trainee
classification titles when the candidate is new to State government, State
agencies shall not seek, request or require a candidate's current wage or
salary history. Agencies shall not use a candidate's current wage or salary
history to screen applicants or request or require current wage or salary
history information as a condition for being considered for employment or for
an offer of employment. Agencies shall stop the verification of a candidate's
current wage or salary history. When the new-to-State-government candidate
exceeds the minimum of the classification requirements, the entrance base
salary is the in-hire rate, the anticipated starting salary, within the
anticipated starting salary range, or the rate resulting from a special salary
request that is pre-approved by the Department. The anticipated starting salary
and the selected new-to-State-government candidate's qualifications shall
inform the entrance base salary offer. The qualifications that shall be
considered are documented education and experience directly-related to the
position description and exceeding the minimum requirements on the class
specification. The agency shall tell the new-to-State-government candidate not
to disclose the candidate's current wage or salary history. The
new-to-State-government applicant may discuss salary expectations for the
position being filled. If the tentatively accepted offer is not the in-hire
rate, anticipated starting salary, or within the anticipated starting salary
range, the agency shall complete a Special Salary Request-New Employee form
(CMS-163) identifying both the pre-established anticipated starting salary and
the justification for hiring the selected candidate at the tentatively offered
and accepted higher starting salary.
B) For Other Than Trainee Classification
Titles in Which the Current State Government Employee is a Candidate for a
Position Subject to the Personnel Code - For other than trainee classification
titles in which the current State government employee is a candidate for a
position subject to the Personnel Code, if a candidate possesses
directly-related education and experience in excess of the minimum requirements
of the class specification, the employing agency may offer the candidate an
entrance base salary that is not more than 5% above the candidate's current
base salary. Any deviation from the 5% maximum is a special salary adjustment
(see Section 310.470).
3) Area Differential - For positions where
additional compensation is required because of dissimilar economic or other
conditions in the geographical area in which the positions are established, a
higher entrance salary may be authorized by the Director. Present employees
receiving less than the new rate of pay shall be advanced to the new
rate.
c) Geographical
Transfer - Upon geographical transfer from or to an area for which additional
compensation has been authorized, an employee will receive an adjustment to the
appropriate salary level for the new geographical area of assignment, effective
the first day of the month following the date of assignment.
d) Differential and Overtime Pay - An
eligible employee may have an amount added to the base salary for a given pay
period for work performed in excess of the normal requirements for the position
and work schedule, as follows:
1) Shift
Differential Pay - An employee may be paid an amount in addition to the base
salary for work performed on a regularly scheduled second or third shift. The
additional compensation will be at a rate and in a manner approved by the
Director. The Director will approve the manner and rate of this provision after
considering the need of the employing agency, the treatment of other similar
situations, prevailing practices of other employers, and the equity of the
particular circumstances.
2)
Overtime Pay -
A) Eligibility - The Director
shall maintain a listing of classes of positions subject to the provisions of
the Merit Compensation System that are eligible for overtime compensation.
Classes in salary ranges MS-23 and below are eligible for straight-time
overtime unless exceptions are determined by the Director or federal
guidelines. Employees in these classes of positions who are assigned and
perform work in excess of the normal work schedule as established by the agency
shall be compensated at a straight-time rate on either a cash or compensatory
time-off basis for all hours worked in excess of a normal work week. Overtime
in less than one-half hour increments per day shall not be accrued. Classes in
MS-24 and above are not eligible for overtime unless required by federal
regulation or approved by the Director. Exceptions must be requested by the
employing agency and will be determined on the basis of the special nature of
the situation, a substantial need to provide overtime compensation and a
significant number of hours worked beyond the normal work schedule, and will be
granted only for a specified time period for which the special situation is
expected to exist.
B) Compensatory
Time - Employees who are eligible for compensatory time may request such time,
which may be granted by the agency at its discretion, considering, among other
things, its operating needs. Compensatory time shall be taken within the fiscal
year it was earned at a time convenient to the employee and consistent with the
operating needs of the agency. Compensatory time shall be accrued at the rate
in which it is earned (straight time or time and a half), but shall not exceed
120 hours in any fiscal year. Compensatory time approved for non-union
employees will be earned after 40 actual work hours in a workweek. Compensatory
time not used by the end of the fiscal year in which it was earned shall be
liquidated and paid in cash at the rate it was earned. Time spent in travel
outside the normal work schedule shall not be accrued as compensatory time
except as provided by the Federal Fair Labor Standards Act. At no time are
overtime hours or compensatory time to be transferred from one agency to
another agency.
e) Equivalent Earned Time -
1) Eligibility - Employees who are non-union,
exempt under the Federal Fair Labor Standards Act, and in positions not
eligible for overtime compensation may receive equivalent earned time for hours
worked in excess of the hours per week indicated in the approved work schedule
(see 80 Ill. Adm. Code
303.300(c))
assigned to the employee.
2)
Accrual -
A) Employees who are eligible for
equivalent earned time shall request that time before working in excess of the
hours per week indicated in the approved work schedule assigned to the
employee. Requests for equivalent earned time may be granted by the agency at
its discretion, considering its operating needs. Equivalent earned time shall
be accrued at straight time only to a maximum of 240 hours at any
time.
B) Equivalent earned time
will accrue in no less than one-quarter hour increments.
3) Compensation - Any approved equivalent
earned time shall be taken at a time convenient to the employee and consistent
with the operating needs of the agency. The equivalent earned time may be taken
in increments of not less than one-quarter hour after a minimum use of one-half
hour any time after it is earned. At no time is equivalent earned time to be
converted into cash payment. Equivalent earned time may transfer from one
agency to another at the discretion of the agency head of the agency to which
the employee is moving.
f) Part-Time Work - Part-time employees whose
base salary is other than an hourly or daily basis shall be paid on a daily
rate basis computed by dividing the annual rate of salary by the total number
of work days in the year.
g) Lump
Sum Payment - Lump sum payment shall be provided for accrued vacation, sick
leave and unused compensatory overtime at the current base rate to those
employees separated from employment under the Personnel Code. Leaves of absence
and temporary layoff (per 80 Ill. Adm. Code
302.510) are not separations and
therefore lump sum payments cannot be given in these transactions. Methods of
computation are explained in Section
310.520(a).
AGENCY NOTE: The method to be used in computing lump sum
payment for accrued vacation, sick leave and unused compensatory overtime for
an incumbent entitled to shift differential during the regular work hours will
be to use the current base salary plus the shift differential pay. Sick leave
earned prior to January 1, 1984 and after December 31, 1997 is not compensable.
Sick leave earned and not used between January 1, 1984 and December 31, 1997
will be compensable at the current base daily rate times one-half of the total
number of compensable sick days.
h) Salary Treatment upon Return from Leave -
1) An employee returning from Military Leave
(80 Ill. Adm. Code 302.220 and
303.170), Peace Corps Leave (80
Ill. Adm. Code 302.230), Service-Connected
Disability Leave (80 Ill. Adm. Code
303.135), Educational Leave (80
Ill. Adm. Code 302.215), Disaster Service Leave
With Pay (80 Ill. Adm. Code
303.175), Disaster Service Leave
With Pay - Terrorist Attack (80 Ill. Adm. Code
303.176), Family Responsibility
Leave (80 Ill. Adm. Code
303.148), leave to accept a
temporary, emergency, provisional, exempt (80 Ill. Adm. Code
303.155) or trainee position,
leave to serve in domestic peace or job corps (80 Ill. Adm. Code 302.230), or
leave to serve in an interim assignment will have the employee's salary
established as determined appropriate by the employing agency and approved by
the Director. However, in no event is the resulting salary to be lower than the
minimum rate or higher than the maximum rate of the salary range. Creditable
service date will be maintained.
2)
An employee returning to the employee's former salary range from any other
leave (not mentioned in subsection (h)(1)) of over 14 days will be placed at
the salary which the employee received prior to the leave and the creditable
service date will be extended by the duration of the leave.
i) Employees in classes that are
made subject to the Merit Compensation System will retain their current salary,
except that in no event is the resultant salary to be lower than the minimum
rate or higher than the maximum rate of the new salary range.
j) Temporary Bilingual Pay - When Required to
Use Second Language Ability - Employees who are bilingual or have the ability
to use sign language, Braille, or another second language (e.g., Spanish) and
whose job descriptions do not require that they do so shall be paid temporary
bilingual pay when required to perform duties requiring the ability. The
temporary bilingual pay received is prorated based on 5% or $100 per month,
whichever is greater, in addition to the employee's base rate.
k) Salary Treatment Upon Reemployment -
1) Upon the reemployment of an employee in a
class with the same salary range as the class for the position held before
layoff, the employee will be placed at the same salary as held at the time of
the layoff, and the employee's creditable service date will be adjusted to
reflect that time on layoff does not count as creditable service
time.
2) Upon the reemployment of
an employee in a class at a lower salary range than the range of the class for
the position held before layoff, the employee will be placed at the same salary
as held at the time of layoff, except that if this exceeds the maximum of the
new range, the employee will be placed at that maximum salary. The creditable
service date will be adjusted to reflect that time on layoff does not count as
creditable service time.
l) Reinstatement -
1) For Former State Employees Subject to the
Personnel Code Who Had Intervening Employment Outside of State Government -
Former State employees subject to the Personnel Code who had intervening
employment outside of State government shall be paid under the conditions and
requirements applicable to entrance base salary (see subsections (b), (b)(1)
and (b)(2)(A)).
2) For Former State
Employees Subject to the Personnel Code Who Had No Intervening Employment or
Only Had Intervening State Government Employment - For former State employees
subject to the Personnel Code who had no intervening employment or only had
intervening State government employment, the salary upon reinstatement should
not provide more than a 5% increase over the candidate's current base salary or
exceed the salary rate held in the position in which previously certified
without prior approval of the Director. In no event is the resulting salary to
be lower than the minimum rate or higher than the maximum rate of the salary
range. Any deviation from the 5% maximum, except when the resulting salary is
the minimum rate of the salary range, is a special salary adjustment (see
Section 310.470).
m)
Bilingual Pay - Individual positions whose job descriptions require the use of
sign language, Braille, or another second language (e.g., Spanish) shall
receive 5% or $100 per month, whichever is greater, in addition to the
employee's base rate.
n) Clothing
or Equipment Allowance - An employee may be paid an amount in addition to the
employee's base salary to compensate for clothing or equipment that is required
in the performance of assigned duties. The amount will be determined by the
Director of the employing agency, and will require approval of the Director of
Central Management Services. The Director of Central Management Services will
approve the manner and rate of this provision after considering the need of the
employing agency, the treatment of other similar situations, prevailing
practices of other employers, and the equity of the particular
circumstance.
o) Interim Assignment
Pay - This subsection explains interim assignment pay as applied to certified
non-bargaining unit employees in a merit compensation (including broad-band)
position assigned to perform on a full-time interim basis and be accountable
for the higher-level duties and responsibilities of the non-bargaining unit
(merit compensation, including broad-band) position. On the effective date of
the employee's interim assignment (see 80 Ill. Adm. Code
302.150(j)),
the employee shall receive an adjustment as if the employee received a
promotion into the higher range. When assigned to the merit compensation
position, the adjustment is an amount not more than 5% of the employee's
current base salary. In no event is the resulting salary to be lower than the
minimum rate or greater than the maximum rate of the salary range to which the
employee is being assigned. Upon interim assignment, the employee's creditable
service date shall not change. Any deviation from the 5% maximum, except when
the resulting salary is the minimum rate of the salary range, is a special
salary adjustment (see Section 310.470).
p) International Differential Pay - For
positions with a headquarters outside of the United States, a differential
shall be made once a month to the base salary of the employee residing outside
the United States to compensate for a change in the currency exchange
rate.
