Illinois Administrative Code › Title 26 - ELECTIONS › Part 212 - PERSONNEL › Section 212.286 - Leaves of Absence

Current through Register Vol. 48, No. 28, July 12, 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).