Current through Register Vol. 48, No. 38, September 20, 2024
a) For
purposes of layoff and reemployment, Secretary of State continuous service
shall mean the period of uninterrupted service from the date of entry into
service with the Office of the Secretary of State, whether by appointment or
transfer.
b) Layoff Procedure:
1) A department may request the layoff of an
employee because of lack of funds, material change in duties or organization,
or lack of work, or the abolition of a position for any of these reasons. Based
on class, department, county or other designation, layoffs shall be within
organizational units justified by operations and approved prior to the layoff
by the Director of Personnel.
2)
Based on class, department, county or other designation, layoffs shall be
within organizational units justified by operations and approved prior to the
layoff by the Director of Personnel. Within selected designations and
organizational units, employees will be laid off in order of length of
Secretary of State continuous service.
3) A proposed layoff is subject to the
approval of the Director of Personnel before becoming effective and shall
include the following in the organizational unit in which the layoff is
proposed:
A) A list of all employees in the
selected designation and organizational unit showing status and total Secretary
of State continuous service;
B) A
listing of the employees to be laid off;
C) An explanation of any layoff not in order
of Secretary of State continuous service;
D) An explanation of the organizational unit
selected, identifying the department, division, facility, geographical
location, operational needs and other elements deemed relevant by the
department director.
c) Order of Layoff:
1) The following order shall be observed in
implementing layoffs:
A) No certified or
probationary employee may be laid off until all temporary, emergency,
provisional and trainee employees in the same class and organizational unit are
terminated;
B) No certified
employee may be laid off until all probationary employees in the same class and
organizational unit are terminated.
2) Within status groups and in accordance
with the layoff plan submitted under subsection (b), consideration shall be
given to performance records and Secretary of State continuous
service.
3) For purposes of this
Section, "certified employee" shall mean any employee who has satisfactorily
completed a required period of probation and/or attained certified status in
any position during the employee's current period of continuous
service.
d) Effective
Date of Layoff: Unless extraordinary operating conditions or events are
specified in the proposed layoff plan, no layoff shall be effective until 10
working days after the Director of Personnel's approval of the layoff
plan.
e) Disapproval: The Director
of Personnel may disapprove or modify any layoff plan that results in a
disproportionate impact on any protected class, as defined by federal civil
rights laws, judicial decisions and the Illinois Human Rights Act [775 ILCS 5
], within the layoff unit.
f)
Notice of layoff to the affected employee shall be given within a reasonable
time period after approval of the layoff plan by the Director of
Personnel.
g) Reemployment Lists:
1) The Director of Personnel shall, before
the effective date of layoff, approve and establish a reemployment list, by
class and department and designated geographical area. A certified employee who
has been laid off shall be placed in order of length of Secretary of State
continuous service on a reemployment list for recall to the first available
assignment to a position in the class and department and designated
geographical location or area in which the employee was assigned prior to being
placed on the reemployment list.
2)
When circumstances warrant, at the discretion of the Director of Personnel, the
reemployment list may be established by related classes whose duties are
substantially similar to the class from which the employee was laid
off.
3) An employee whose name has
been placed on the reemployment list will also be eligible for reinstatement in
accordance with Section
420.420(b).
h) Employment from Reemployment
List: Whenever there is any person available on a reemployment list for recall
to a vacant position for the same class, department and geographical area, no
permanent position may be filled by any of the following means:
1) By probationary appointment from the
appropriate open competitive list;
2) By provisional appointment;
3) By reinstatement of a former certified
employee, except by an employee on the reemployment list; or
4) By merit system transfer in.
i) Removal of Names from
Reemployment List:
1) A laid off employee's
name shall be removed from the reemployment list when:
A) The employee is recalled from
layoff;
B) The employee refuses an
offer of permanent reemployment;
C)
The employee's name has remained on the reemployment list for 12 months;
or
D) The employee has been
reinstated in accordance with Section
420.420(b).
2) Offers of temporary or
emergency appointment shall not be considered as recall or
reinstatement.
j) Laid
Off Probationary Employee:
1) The name of a
probationary employee who is terminated as a result of layoff before the
completion of the probationary period shall be returned to the eligible list
with the same grade as when appointed, for the remainder of his/her one year
eligibility.
2) An employee serving
a probationary period but otherwise certified as defined in subsection (c)(3),
who is to be laid off, shall be given notice and may request a voluntary
reduction pursuant to Section
420.410(a) and
(c). If no voluntary reduction is effected,
the employee will be laid off and the employee's name placed on the
reemployment list in order of continuous service for the department, work
location and title in which last certified.
