Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 600 - PUBLIC INFORMATION, RULEMAKING, ORGANIZATION AND PERSONNEL › Subpart D - PERSONNEL › Section 600.686 - Leaves of Absence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Types
1) Disability
An employee who has expended accumulated sick leave may be
				  granted a leave without pay, provided that the employee may be required to
				  submit a 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 Auditor General, provided that an
				  appropriate health care provider's statement, if required, is submitted within
				  the first 10 days of each month during the leave. An employee's disability
				  leave shall terminate when the employee is no longer temporarily disabled from
				  performing the employee's regularly assigned duties. The State will 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.
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 be allowed full pay during the first 5 working
				  days of absence without utilization of any accumulated sick leave or other
				  benefits. A worker's compensation file must be created in order to authorize
				  service-connected leave, and medical documentation verifying the need for time
				  off from work shall be required. Thereafter, the employee shall be permitted to
				  utilize accumulated sick leave or other benefits for additional time away from
				  work unless the employee has applied for and been granted temporary total
				  disability benefits in lieu of salary or wages pursuant to provisions of 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 of 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 received 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 those appointments without
				  loss of pay and without utilization of sick leave.
3) Family and Medical Leave
A) Eligibility
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 FMLA leave are entitled to up to 12 workweeks leave in any 12
				  month period for one or more of the following:
i) birth of a child of the employee, in order
				to care for the child;
ii)
				placement of a son or daughter with the employee for adoption or foster
				care;
iii) to care for a spouse,
				child, or parent of the employee who has a serious health condition;
iv) a serious health condition that makes the
				employee unable to perform the employee's job functions;
v) any qualifying exigency arising out of the
				fact that an employee's spouse, child or parent is on active duty (or has been
				notified of an impending call or order to active duty) in the Armed Forces in
				support of a contingency operation as provided under the National Defense
				Authorization Act for FY 2008 (P.L. 110-181) and implementing
				regulations.
B) Use
The entitlement to leave under subsection (a)(3)(A)(i) and
				  (ii) expires at the end of the 12 month period beginning on the date of the
				  birth or placement of the child. The leave granted under subsection
				  (a)(3)(A)(iii), (iv) and (v) may be taken intermittently when medically
				  necessary and when scheduled so as to not unduly disrupt the Office's
				  operations.
C) Benefits
Except as provided in subsection (a)(9) for parental leave,
				  FMLA leave shall be unpaid. Accrued sick and vacation leave may be applied to
				  the periods of FMLA absence at the employee's option. The State will continue
				  to pay the premiums for the basic (State-paid) health and life insurances for
				  an employee on FMLA 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
FMLA leave may be extended up to a total of 6 months at the
				  discretion of the Auditor General.
F) Military Caregiver Extended Leave
Employees otherwise meeting eligibility requirements for FMLA
				  leave who are caring for a member of the Armed Forces who is on the temporary
				  disability retired list or is receiving medical treatment, recuperation or
				  therapy due to a serious injury or illness sustained in the line of duty may be
				  eligible for up to a total of 26 weeks of FMLA leave (inclusive of all types of
				  FMLA leave taken by the employee) during a single 12-month period, as provided
				  under the National Defense Authorization Act for FY 2008 (P.L. 110-181).
				  Spouses employed by the Office may be limited to a combined total of 26
				  workweeks of FMLA leave during a single 12-month period. Eligible employees
				  must be the spouse, child, parent or next of kin of the person requiring care
				  and shall otherwise comply with notice and certification
				  requirements.
G) Notice and
				Certification
An employee shall provide the Office with not less than 30
				  days' notice of the employee's intent to take FMLA 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.
H) The terms and conditions of FMLA leave
				shall be governed by the federal Family and Medical Leave Act of 1993, as
				amended, and implementing regulations.
I) In determining whether a veteran meets the
				FMLA eligibility requirement, the months employed and the hours that were
				actually worked for the Office will 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 Auditor General may grant administrative leaves of
				  absence to employees for purposes deemed appropriate. The Auditor General 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 Auditor General or 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 by this
				  subsection (a)(6) 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 5 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 Auditor General within 90 days after separation from active duty or after
				  hospitalization or convalescence continuing after discharge for not more than 2
				  years. 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 U.S.C.
				  4301-4333).
B) Military Reserve Training Leave
Any full-time employee of the State of Illinois who is a
				  member of a reserve component of the Armed Services of the United States,
				  including the reserve components of the Armed Services of any state, or who is
				  a member of the National Guard of any state, shall be allowed military leave
				  for annual training in accordance with the Illinois Service Member Employment
				  and Reemployment Rights Act [330 ILCS 61 ]. These leaves will
				  be granted without loss of seniority or other accrued
				  benefits.
C) State Active
				Duty/Emergency Call Up
In the case of an emergency call-up (or order to State active
				  duty) by the Governor, the leave shall be granted for the duration of the
				  emergency with pay and without loss of seniority or other accrued benefit.
				  Military earnings for the emergency call-up paid under the Military Code of
				  Illinois [20 ILCS 1805 ] must be submitted
				  and assigned to the Office, and the Office will return it to the payroll fund
				  from which the employee's payroll check was drawn. If military pay exceeds the
				  employee's earnings for the period, the Office will return the difference to
				  the employee.
D) Active Duty
Any full-time employee who is a member of any reserve
				  component of the United States Armed Forces or who is a member of the National
				  Guard of any state shall be granted military leave for active service in
				  accordance with the Illinois Service Member Employment and Reemployment Rights
				  Act.
E) Certification of
				Leave
To be eligible for military reserve leave or emergency
				  call-up pay, the employee must provide certification from the commanding
				  officer of the employee's unit that the leave taken was for one of these
				  purposes.
F) Military Pay
Concurrent and differential compensation for military service
				  shall be paid in accordance with the Illinois Service Member Employment and
				  Reemployment Rights Act.
G)
				Leave for Military Physical Examinations
Any employee drafted into military service shall be allowed
				  up to 3 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 this
				  purpose.
H) 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 the employee's State employment for the duration of the employee's
				  initial period of service. The employee shall be restored to the same or
				  similar position if the employee returns to employment within 90 days after
				  termination of the employee's service or release from hospitalization for a
				  Peace Corps or Job Corps service-connected disability.
I) Veterans Hospital Leave
An employee who is also a veteran shall be permitted 4 days
				  with pay per year to visit a veterans hospital or clinic for examination of a
				  military service-connected disability. The 4 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 volunteers for assignment to the Illinois Emergency
				  Management Agency and Office of Homeland Security (IEMA-OHS) in accordance with
				  the Illinois Emergency Management Agency Act [20 ILCS 3305
				  ] or the Emergency Management Assistance Compact Act [45 ILCS
				  151 ] may be granted leave with pay for up to 20
				  working days in any 12 month period for disasters within the United States or
				  its territories. The leave may be granted upon the request of the American Red
				  Cross or IEMA-OHS for employees to participate in specialized disaster relief
				  services. Leaves under this subsection (a)(7) are subject to approval by the
				  Auditor General considering operating needs. Disasters must be
disasters designated at a Level III and above in the American National
				  Red Cross Regulations and Procedures or any disaster declared by proclamation
				  of the Governor under Section 7 of the Illinois Emergency Management Agency
				  Act
[5 ILCS 335/2 ]. The American Red
				  Cross and IEMA shall coordinate requests for services outside of Illinois
				  through the Illinois State Emergency Operations Center.
8) Attendance in Court
Any employee called for jury duty, or subpoenaed by any
				  legislative, judicial, or administrative tribunal for matters related to the
				  employee's employment, shall be allowed time away from work with pay as
				  necessary to fulfill the jury service requirement or comply with the subpoena.
				  Upon receiving the sum paid for jury service or witness fee, the employee shall
				  submit the warrant, or its equivalent, to the 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) Maternity/Paternity Leave
All employees who provide proof of their pregnancy or that of
				  their female partner at least 30 days prior to the expected due date will be
				  eligible for 12 weeks (60 standard work days) of paid parental leave that
				  begins upon birth, for each pregnancy resulting in births or multiple births.
				  If both parents are employees of the Office, they shall each be eligible for 12
				  weeks of paid maternity/paternity leave that may be taken consecutively or
				  concurrently. No employee will be allowed to take less than a full work week (5
				  consecutive days). Regardless of the number of pregnancies in a year, no
				  employee shall receive more than 12 weeks (60 standard work days) of paid leave
				  per year under this subsection (a)(9)(A). The Office will require proof of the
				  birth. In addition, non-married male employees may be required to provide proof
				  of paternity, such as a birth certificate or other appropriate documentation
				  confirming paternity.
B) New
				Adoption Leave
All employees are eligible for 12 weeks (60 standard work
				  days) of paid leave with a new adoption, with the leave to commence when
				  physical custody of the child has been granted to the employee, provided that
				  the employee can show that the formal adoption process is underway. In the
				  event the child was in foster care immediately preceding the adoption process,
				  the leave will commence once a court order has been issued for permanent
				  placement and the foster parent has been notified of the right to adopt, as
				  long as the foster child has not resided in the home for more than 3 years. The
				  employee must submit proof that the adoption has been initiated. Should both
				  parents be employees of the Office, they shall each be eligible for 12 weeks of
				  paid adoption leave that may be taken consecutively or concurrently. No
				  employee will be allowed to take less than a full work week (5 consecutive work
				  days). Regardless of the number of adoptions in a year, no individual shall
				  receive more than 12 weeks (60 standard work days) of adoption leave per year.
				  Employees are not eligible for adoption leave if the adoption is for a
				  step-child or relative who has resided with the employee for a period of one
				  year or more.
C) Leave in
				the Event of a Stillborn Child
All employees who provided proof of their pregnancy or that
				  of their female partner at least 30 days prior to the expected due date will be
				  eligible for 5 weeks (25 standard work days) of paid leave in the event of a
				  full-term stillborn child. The Office will require proof of a stillbirth, such
				  as a fetal death certificate or certificate of stillbirth. This leave shall be
				  limited to one leave per employee for each stillbirth. In addition, employees
				  may be required to provide proof of a parent-child relationship. Employees
				  using leave under this subsection (a)(9)(C) must use the leave benefit
				  immediately.
D) Permanent
				part-time employees working 19 or more hours per week shall be eligible for
				paid parental leave on a pro-rated basis determined by a fraction the numerator
				of which shall be the hours worked by the employee and denominator of which
				shall be normal working hours in the year required by the position.
10) Educational Leave
The Auditor General 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 Auditor General's judgment, the
				  training course would benefit the Office by improving the employee's
				  qualifications to perform the duties of the employee's position or by
				  qualifying the employee for advancement to another position in State service.
				  During a period of educational leave, 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 time off with pay, as follows, for the purpose
				of donating an organ, bone marrow, blood or blood platelets:
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 will be required
				before leave is approved;
ii) up to
				one hour or more to donate blood, and up to
				1.5 hours to donate double red
				cells, no more than once every 56 days. Medical documentation to substantiate
				the use of leave time for this purpose may be required;
iii) up to 2 hours or more to donate blood
				platelets. Leave to donate blood platelets will not be granted more than 24
				times in a 12-month period. Medical documentation to substantiate the use of
				leave time for this purpose may be required.
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).
12) Leave due to Crime of Violence
An employee who is a victim of domestic violence, dating
				  violence, sexual assault, gender violence, stalking, or any crime of violence,
				  or who has a family or household member who is a victim of domestic violence,
				  dating violence, sexual assault, gender violence, stalking, or any crime of
				  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 work weeks of
				  unpaid leave during any 12-month period for the purposes of, 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).
13) School Visitation
				Leave
Employees may take up to a total of 8 hours during any school
				  year without pay, no more than 4 hours of which may be taken on any given day,
				  to attend school conferences, behavioral meetings, or academic meetings related
				  to the employee's child if the conference or meeting cannot be scheduled during
				  nonwork hours. No leave may be taken unless the employee has exhausted all
				  accrued vacation leave, personal leave and any other leave that may be granted
				  to the employee except sick leave and disability leave. The employee must
				  provide the Office with a written request for leave at least 7 days in advance
				  of the time the employee is required to utilize the visitation right. In
				  emergency situations, no more than 24 hours' notice will be required. The
				  employee must consult with the Office to schedule the leave so as not to
				  disrupt unduly the Office's operations.
14) Volunteer Emergency Worker Leave
An employee who is a volunteer emergency worker, as that term
				  is defined in the Volunteer Emergency Worker Job Protection Act [50 ILCS
				  748 ], shall be given time off from work without pay
				  for the purpose of responding to an emergency. An employee missing work for
				  this purpose shall make a reasonable effort to notify the Office that the
				  employee may be absent or late. An employee requesting this leave shall also
				  present the Office with a written statement from the supervisor or acting
				  supervisor of the volunteer fire department or governmental entity that the
				  volunteer emergency worker serves stating that the employee responded to an
				  emergency and stating the time and date of the emergency.
15) Family Military Leave Act [820 ILCS
				151 ]
A) An employee
				who is the current spouse, civil union partner, domestic partner, parent, child
				or grandparent of a person called to military service lasting longer than 30
				days with a state or the United States, pursuant to the order of the Governor
				or the President, who wishes to be absent from work in order to meet or fulfill
				responsibilities arising from the employee's role in his or her family or as
				head of the household, is eligible to request up to 30 days of unpaid family
				military leave during the time federal or State deployment orders are in
				effect. Family Military Leave may not be used unless the employee has first
				exhausted all accrued vacation leave, personal leave, compensatory leave,
				parental leave, and any other paid leave that may be granted to the employee,
				except sick leave and disability leave.
B) To qualify for Family Military Leave, an
				employee must have been employed by the Office for at least 12 months and have
				worked at least 1,250 hours during the 12-month period immediately preceding
				the commencement of the leave.
C)
				The employee shall give at least 14 days' notice of the intended date upon
				which the family military leave will commence if leave will consist of 5 or
				more consecutive work days. Employees taking military family leave for less
				than 5 consecutive days shall give advance notice as is practicable. If able,
				the employee shall consult with the Office to schedule the leave so as to not
				unduly disrupt Office operations. Except in cases of emergency, family military
				leave shall be taken in full day increments only. The employee will be required
				to document the reason for the emergency nature of the need for leave in
				writing within 2 days after the employee's return to work.
D) The employee shall provide certification
				from the proper military authority to verify the employee's eligibility for the
				family military leave requested.
E)
				Upon expiration of the leave, the employee shall be restored to the position
				held by the employee when the leave commenced or to a similar position with
				equivalent seniority status, benefits, pay and other terms and conditions of
				employment, unless the employee's failure to be restored to the position is due
				to conditions unrelated to his or her exercise of these leave rights.
F) During any family military leave, the
				Office will make it possible for employees to continue their benefits at the
				employee's expense. At its option, these benefits may be continued at the
				Office's expense. Time utilized under the Family Military Leave Act is not
				deducted from an employee's continuous service, vacation accrual, or seniority
				date.
16) Civil Air
				Patrol Leave
A) An employee is eligible to
				request up to 30 days of unpaid leave to perform a civil air patrol mission. An
				employee need not have exhausted other forms of accrued leave time prior to
				being eligible for Civil Air Patrol Leave.
B) To qualify for Civil Air Patrol Leave, an
				employee must have been employed by the Office for at least 12 months and have
				worked at least 1,250 hours during the 12-month period immediately preceding
				the commencement of the leave.
C)
				The employee shall give at least 14 days' notice of the intended date upon
				which the leave will commence if leave will consist of 5 or more consecutive
				work days. Employees taking leave for less than 5 consecutive days shall give
				advance notice as is practicable. If able, the employee shall consult with the
				Office to schedule the leave so as to not unduly disrupt Office
				operations.
D) The employee shall
				provide certification from the proper civil air patrol authority to verify the
				employee's eligibility for the leave requested.
E) Upon expiration of the leave, the employee
				shall be restored to the position held by the employee when the leave commenced
				or to a similar position with equivalent seniority status, benefits, pay and
				other terms and conditions of employment, unless the employee's failure to be
				restored to the position is due to conditions unrelated to his or her exercise
				of these leave rights.
F) During
				any civil air patrol leave, the Office shall make it possible for employees to
				continue their benefits at the employee's expense. At its option, these
				benefits may be continued at the Office's expense. Time utilized under the
				Civil Air Patrol Leave Act is not deducted from an employee's continuous
				service, vacation accrual or seniority date.
17) Family Bereavement Leave
A) Upon request, an employee will be granted
				paid leave of up to 2 work days to attend a funeral or similar service, and for
				related travel, upon the death of a member of the employee's immediate family.
				Leave shall be limited to one instance per calendar year. Documentation of the
				reason for the funeral/bereavement leave, attendance at the funeral or similar
				service, and relationship to the deceased may be required. Employees retain the
				right to use sick leave for a death in the immediate family.
B) Upon request, an employee will be granted
				unpaid leave of up to 10 standard work days to:
1) attend the funeral of a covered family
				member;
2) make arrangements
				necessitated by the death of a covered family member;
3) grieve the death of a covered family
				member; or
4) be absent from work
				due to a miscarriage, an unsuccessful round of intrauterine insemination or of
				an assisted reproductive technology procedure, a failed adoption match or an
				adoption that is not finalized because it is contested by another party, a
				failed surrogacy agreement, a diagnosis that negatively impacts pregnancy or
				fertility, or a still birth.
C) In the event of the death of more than one
				covered family member in a 12-month period, an employee is entitled to up to a
				total of 6 weeks (30 standard work days) of bereavement leave during the
				12-month period. Family bereavement leave must be completed within 60 days
				after the date on which the employee receives notice of the death of the
				covered family member or the date on which an event listed in subsection
				(a)(17)(B)(4) occurs. An employee shall provide the employer with at least 48
				hours' advance notice of the employee's intention to take family bereavement
				leave, unless providing that notice is not reasonable and
				practicable.
D) An employer may
				require reasonable documentation substantiating the request for leave. For
				leave resulting from an event listed under subsection (a)(17)(B)(4), reasonable
				documentation includes a form provided by the Illinois Department of Labor to
				be filled out by a health care practitioner who has treated the employee or the
				employee's spouse or domestic partner, or surrogate, or documentation from the
				adoption or surrogacy organization that the employee worked with, certifying
				applicability. An employer may not require that the employee identify which
				category of event the leave pertains to as a condition of exercising rights
				under subsection (a)(17)(B)(4).
E)
				For purposes of family bereavement leave, the term "covered family member"
				means an employee's son or daughter who is a biological, adopted or foster
				child, a stepchild, a legal ward, or a child of a person standing in loco
				parentis, spouse, domestic partner, sibling, parent, mother-in-law,
				father-in-law, grandchild, grandparent, or step-parent.