Current through Register Vol. 48, No. 38, September 20, 2024
a)
Definition:
1) Continuous service is the
uninterrupted period of service from the date of original appointment to State
service or to service in any other system participating in the Retirement
Systems Reciprocal Act [40 ILCS 5/20 ], except as provided in subsection
(f).
2) Employees who have accrued
continuous service in State service or who have accrued continuous service in a
position covered by the Retirement Systems Reciprocal Act, and who have been
transferred to or who have accepted an appointment to a position in the Office
of the Secretary of State, shall be given credit for the earlier service to the
extent determined by the Director of Personnel or required by law.
3) Intermittent and permanent part-time
employees shall accrue continuous service on a prorated basis, determined by
the number of hours worked per year.
b) Interruptions in Continuous Service:
Continuous service shall be interrupted by:
1) Resignation; provided, however, that
continuous service will not be interrupted by resignation when an employee is
employed in another position in State service within 4 calendar days after
resignation;
2) Discharge;
provided, however, that continuous service shall not be interrupted if the
employee is retained in the position after a hearing before the Merit
Commission, or under other administrative review process, or by the
court;
3) Termination because an
employee has not been reemployed within one year after layoff.
c) Deductions from Continuous
Service: Except as provided in subsection (e), the following shall be deducted
from, but not interrupt, continuous service:
1) Time away from work for leaves of absence
without pay totaling more than 30 days in any 12 month period;
2) Time away from work because of
disciplinary suspensions totaling more than 30 days in any 12 month
period;
3) Time away from work
because of layoff.
d)
Veterans' Continuous Service:
1) Leaves of
absence shall be granted to all employees, except temporary or emergency
employees, who leave their positions and enter military service for 4 years or
less (exclusive of any additional service imposed pursuant to law). An employee
shall be restored to the same or similar position on making an application to
the Department of Personnel within 90 days after separation from active duty,
or after release from hospitalization continuing after discharge but for not
more than one year. The employee must provide evidence of satisfactory
completion of training and military service when making application and must be
qualified to perform the duties of the position.
2) Subject to the provisions of Section
420.310(f),
a veteran who returns to service with the Office of the Secretary of State
after having been granted a leave of absence from provisional status shall be
required to pass the same or similar examination for his/her position within 90
days.
3) Trainees who have not
previously done so and whose training was interrupted by military leave shall
be required to qualify, if necessary, in an examination in the trainee class
before granted allocation or noncompetitive promotion to a higher
class.
e) Accrual and
Retention of Continuous Service During Certain Leaves: During an educational,
military, national service, disaster services, family leave (pursuant to
Section
420.645) , Family
and Medical Leave (FMLA), disability leave, service connected disability leave
or leave to accept a temporary, provisional, or emergency assignment in another
class, an employee shall retain and accrue continuous service, provided an
appropriate application to return is made pursuant to the requirements
specified elsewhere in this Part.
f) Limitation on Continuous Service:
Temporary and emergency employees employed after May 24, 1977 shall not
accumulate continuous service except as provided in the State Employee Vacation
Time Act [5 ILCS 360 ], unless the status is acquired as the result of taking a
leave of absence to accept a temporary or emergency assignment.
