reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart I - DEMOTION › Section 302.498 - Status of Demoted Employees

Current through Register Vol. 48, No. 28, July 12, 2024
A demoted certified employee shall be certified in the class
				  to which demoted and shall not be required to serve a new probationary period.
				  A demoted probationary employee shall serve a new probationary period in the
				  class to which he/she is demoted unless such employee held certified status in
				  the class to which demoted during the current period of continuous
				  service.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.500 - Voluntary Reduction of Certified and Probationary Employees

Current through Register Vol. 48, No. 28, July 12, 2024
Certified and probationary employees may voluntarily request
				  or accept assignment to a vacant position in a class having a lower maximum
				  permissible salary or rate. All requests for or acceptances of such voluntary
				  reductions shall be in writing, and shall be signed by the employee and be
				  directed to the head of the agency in which the vacant position exists. No
				  reduction shall become effective without the written approval of the Director.
				  A certified employee who is assigned and accepts a voluntary reduction in grade
				  shall be certified in the lower class without serving a probationary period and
				  a probationary employee, the balance of the probationary period; provided
				  however, if reduction results in return to a trainee class or other class for
				  which there is no provision for certification in said class, the individual's
				  certification shall be terminated.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.507 - Definition of Layoff

Current through Register Vol. 48, No. 28, July 12, 2024
A layoff is the placement of an employee in non-paid and
				  non-working status without prejudice either temporarily or indeterminately. No
				  agency may lay off, either temporarily or indeterminately, an employee as a
				  means or form of discipline.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.510 - Temporary Layoff

Current through Register Vol. 48, No. 28, July 12, 2024
An operating agency may temporarily lay off any employee for
				  not more than five scheduled workdays in any 12-month period as a result of or
				  for lack of work or lack of funds. Based on class, location, funding, agency or
				  other designation, and taking into consideration continuous service and
				  performance, the temporary layoff of employees shall occur within an
				  organizational unit justified by operations. The head of the operating agency
				  shall notify the Director of any temporary layoff, its organizational unit, the
				  name of any employee temporarily laid off and the reason(s) therefor prior to
				  the effective date of the temporary layoff.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.512 - Use of Accrued Benefits During Temporary Layoff

Current through Register Vol. 48, No. 28, July 12, 2024
An employee is not entitled to use any accrued benefit time
				  in lieu of temporary layoff. Temporary layoff does not create any reemployment
				  rights pursuant to Section
				  302.570.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.514 - Notice of Temporary Layoff

Current through Register Vol. 48, No. 28, July 12, 2024
Notice of temporary layoff shall be served on the employee by
				  the agency 30 working days in advance of the effective date unless
				  extraordinary operating conditions or events preclude such advance
				  notice.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.516 - Return From Temporary Layoff

Current through Register Vol. 48, No. 28, July 12, 2024
Upon expiration of a temporary layoff, the employee shall be
				  returned to the position, the position classification and location from which
				  temporarily laid off by the agency.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.518 - Scheduling for Temporary Layoffs

Current through Register Vol. 48, No. 28, July 12, 2024
Temporary layoffs affecting more than one employee may occur
				  with varying effective dates or may occur sequentially and from time to time as
				  long as no employee is temporarily laid off for more than five scheduled
				  workdays in any 12-month period. An agency shall consider an employee's
				  preference in scheduling a temporary layoff, subject to the operating needs of
				  the agency.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.519 - Deferral of Wages

Current through Register Vol. 48, No. 28, July 12, 2024
In lieu of temporary layoffs, the State may enter into a
				  collective bargaining agreement for deferral of wages.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.520 - Indeterminate Layoff Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				operating agency may request the indeterminate 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, option,
				agency, county or other designation, an indeterminate layoff shall be within
				organizational units justified by operations and approved prior to the layoff
				by the Director.
b) A proposed
				indeterminate layoff is subject to the approval of the Director before becoming
				effective and shall include the following in the organizational unit in which
				the indeterminate layoff is proposed.
1) a
				list of all employees showing status and total continuous service;
2) a listing of those employees to be laid
				off;
3) performance records of all
				employees affected by layoff plan;
4) an explanation of any layoff not in order
				of continuous service;
5) an
				explanation of the organizational unit selected, reflecting agency, facility,
				geographical, operational and other elements deemed relevant by agency
				head.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.523 - Voluntary Indeterminate Layoff

Current through Register Vol. 48, No. 28, July 12, 2024
The Director may accept as part of a proposed indeterminate
				  layoff plan the voluntary layoff of an employee without reference to Section
				  302.520(b)(3)
				  and (b)(4) provided the employee is employed
				  in an affected position classification and in the proposed layoff unit and
				  provided such voluntary layoff is formally requested by the employee prior to
				  the submission of the layoff plan to the Director as required in Section
				  302.520. Such voluntarily laid off employee shall, if certified in accordance
				  with Section
				  302.530,
				  be entitled to reemployment rights in accordance with Section
				  302.570
				  or if probationary, in accordance with Section
				  302.595.
				  In accepting an employee's request for voluntary layoff the agency head shall
				  consider the operating needs of the agency as well as the wishes of the
				  employee.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.525 - Disapproval

Current through Register Vol. 48, No. 28, July 12, 2024
The Director may disapprove by returning to the originating
				  agency any indeterminate layoff plan which results in a disproportionate impact
				  on affected employees on achieving equal employment opportunity
				  goals.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.530 - Order of Layoff

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				following order shall be observed in making an indeterminate layoff:
1) No certified, probationary, or provisional
				employee may be laid off until all exempt, temporary, and emergency employees
				in the same class, option and approved layoff organizational unit are
				terminated;
2) No certified or
				probationary employee may be laid off until all provisional employees in the
				same class, option and approved layoff organizational unit are
				terminated;
3) No certified
				employee may be laid off until all probationary employees in the same class,
				option and approved layoff unit are laid off.
4) Certified employees will be laid off in
				reverse order of continuous service in the same class, option and approved
				layoff unit.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.540 - Effective Date of Layoff

Current through Register Vol. 48, No. 28, July 12, 2024
Merit compensation system/broad-banded employees subject to
				  layoff shall be given 30 days notice of the layoff by the employing agency. A
				  list of all current non-bargaining unit vacancies of all positions within the
				  agency shall be provided to the merit compensation system/broad-banded employee
				  with the notice of layoff. If any bargaining unit vacancy remains after all
				  contractual obligations are fulfilled, those bargaining unit vacancies may be
				  offered to non-bargaining unit staff to minimize the impact of the layoff.
				  Vacancy for any employee subject to layoff is defined as the current, funded,
				  vacant position that management has the present intention to fill. Unless
				  extraordinary operating conditions or events are specified in the proposed
				  layoff plan, no indeterminate layoff shall be effective until ten working days
				  after the Director's approval of the layoff plan.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.545 - Filling of Vacancies by Merit Compensation System/Broad-Banded Employees Subject to Layoff via Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
Each merit compensation system/broad-banded employee who is
				  subject to layoff shall be offered any vacant positions for the same title held
				  by that employee within the same agency and county from which the employee is
				  subject to layoff and within two additional alternate counties designated by
				  the employee. In the event the employee's facility or office is closing, the
				  employee may designate one additional alternate county, for a total of four
				  counties. In no event shall the vacancies include positions that are subject to
				  collective bargaining, unless those bargaining unit vacancies remain after all
				  contractual obligations have been fulfilled. Temporary, emergency and
				  provisional employees shall not be granted a transfer request pursuant to
				  Section
				  302.450.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.550 - Employee Opportunity to Seek Voluntary Reduction or Lateral Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
A certified employee as defined in Section
				  302.530
				  who is subject to indeterminate layoff as a result of the Director's approval
				  of a layoff plan shall be promptly notified 30 days prior to the effective date
				  of layoff, and shall then be advised of the opportunity to request voluntary
				  reduction to a current vacant position in accordance with Section
				  302.500
				  or lateral transfer to a current vacant position having the same maximum
				  permissible salary or rate in accordance with Section
				  302.410 or
				  302.435
				  within the agency. An employee seeking voluntary reduction must request the
				  voluntary reduction in writing to the head of the employing agency prior to the
				  proposed effective date of layoff.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.560 - Order of Preference in Voluntary Reduction or Lateral Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Voluntary
				Reduction
In the event a certified employee as defined in Section
				  302.530
				  requests voluntary reduction as a result of his/her pending indeterminate
				  layoff, the certified employee shall be preferred for any current vacant
				  position in a lower class within the same agency and location in which the
				  employee is then incumbent at the time of the layoff over any probationary or
				  provisional employee, any employee or applicant on an eligible list for the
				  vacant position, any certified employee subject to layoff having lesser
				  continuous service and any certified employee requesting a reduction who is not
				  subject to layoff.
b)
				Lateral Transfer
In the event a certified employee requests a lateral transfer
				  as a result of his/her pending indeterminate layoff, the certified employee
				  shall be preferred for any current vacant position whose classification has the
				  same maximum permissible salary or rate within the same agency over any
				  probationary or provisional employee, any employee or applicant on an eligible
				  list for the vacant position, any certified employee subject to layoff having
				  lesser continuous service and any certified employee requesting lateral
				  transfer who is not subject to layoff.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.580 - Employment From Reemployment List

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever there is any person available on a reemployment list
				  for recall to a vacant position for the same class, or related classes where
				  such have been established pursuant to Section
				  302.570,
				  agency and county or other designated geographical area, no temporary,
				  provisional or probationary appointments shall be made to such
				  vacancy.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.590 - Removal of Names From Reemployment List

Current through Register Vol. 48, No. 28, July 12, 2024
a) A laid off employee's name shall be
				removed from the reemployment list when:
1)
				The employee is recalled from layoff;
2) The employee refuses an offer of permanent
				reemployment;
3) The employee's
				name has remained on the reemployment list for 36 months;
4) The employee has been reinstated in
				accordance with Section
				302.610.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.595 - Laid Off Probationary Employee

Current through Register Vol. 48, No. 28, July 12, 2024
a) The name of a probationary employee who is
				terminated as a result of indeterminate layoff before the completion of the
				probationary period shall be returned to the eligible list with the same grade
				as when appointed.
b) An employee
				serving a probationary period but otherwise certified as defined in Section
				302.530
				who is to be indeterminately laid off shall be given notice, and may request a
				voluntary reduction pursuant to Section
				302.500
				and
				302.550. If no
				voluntary reduction is effected, the employee will be laid off and the
				employee's name placed in seniority order as provided in Section
				302.190 on the
				reemployment list for the agency, work locality and title in which last
				certified.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.596 - Appeal by Employee

Current through Register Vol. 48, No. 28, July 12, 2024
Within 15 calendar days following the effective date of such
				  layoff and without prejudice to the right to request voluntary reduction, an
				  employee may make written appeal to the Civil Service Commission contesting
				  such layoff.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.597 - Reinstatement from Layoff

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				employee reinstated for the period for which he/she was improperly laid off
				shall receive full compensation for such period.
b) Full compensation shall mean compensation
				such laid off employee would have earned in the position classification during
				the period of layoff less amounts earned by the employee from any other source
				including any unemployment payments received during such period.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.600 - Resignation

Current through Register Vol. 48, No. 28, July 12, 2024
An employee who voluntarily leaves the State service shall,
				  except in emergency circumstances approved by the agency head, give advance
				  notice of intent not less than 15 calendar days before its effective date. Once
				  an employee submits a resignation which is accepted by the agency head, the
				  resignation shall not be revoked unless the revocation is requested by the
				  employee and the revocation is approved by the agency head. Resignation in good
				  standing shall mean that the employee gave the required notice, or that
				  emergency circumstances justified failure to do so, and that the employee's
				  conduct and work performance were satisfactory at the effective date
				  thereof.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart J - VOLUNTARY REDUCTION AND LAYOFFS › Section 302.610 - Reinstatement

Current through Register Vol. 48, No. 28, July 12, 2024
a) On request of an
				operating agency, the Director may reinstate a former certified employee who
				resigned or terminated in good standing or whose position was reallocated
				downward or who was laterally transferred or whose name was placed on a
				reemployment list. Such reinstatement may be to a position in the class to
				which the employee was assigned prior to resignation, termination, downward
				allocation, lateral transfer or layoff or to a position in any other position
				class for which the employee is qualified. The Director may reinstate an
				employee who was formerly certified under the Secretary of State Merit
				Employment Code, the University Civil Service System of Illinois, Comptroller
				Merit Employment Code or the State Treasurer Employment Code. An employee
				reinstated prior to January 1, 1999 shall serve an additional six month
				probationary period in the position. An employee reinstated on or after January
				1, 1999 shall serve an additional four month probationary period in the
				position. Request for reinstatement shall be accompanied by the employee's
				performance records when available.
b) A certified employee whose name appears on
				a reemployment list may be reinstated to a position other than the position to
				which the employee is eligible for reemployment. If reinstated to a position in
				the same or a higher pay grade than that for which the employee is eligible for
				reemployment, then, upon satisfactory completion of the new probationary
				period, the employee's name shall be removed from the reemployment list. If
				reinstated to a position in a lower pay grade than that for which the employee
				is eligible for reemployment, it shall have no effect on the employee's
				reemployment rights.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.625 - Definition of Certified Employee

Current through Register Vol. 48, No. 28, July 12, 2024
For purpose of rules respecting discipline and discharge,
				  "certified employee" shall mean any employee currently employed in a position
				  subject to jurisdiction B who has satisfactorily completed a required period of
				  probation and attained certified status in any position during the employee's
				  most recent period of continuous State service.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.626 - Progressive Corrective Discipline

Current through Register Vol. 48, No. 28, July 12, 2024
Unless grounds clearly are present warranting immediate
				  discharge or suspension pending decision on discharge, employees shall be
				  subject to corrective discipline progressively utilizing counseling, warnings,
				  and/or suspension, as the facts and circumstances dictate, prior to discharge.
				  If an employee's work or work-related conduct remains unacceptable after the
				  application of progressive corrective discipline, such employee may be
				  discharged in accordance with the appropriate rules.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.628 - Prohibited Disciplinary Action

Current through Register Vol. 48, No. 28, July 12, 2024
No disciplinary action shall be taken against any employee
				  for the disclosure of any alleged prohibited activity under investigation as
				  provided in 80 Ill. Adm.
				  304.55.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.630 - Disciplinary Action Warning Notice

Current through Register Vol. 48, No. 28, July 12, 2024
The agency head or his/her designee may warn an employee
				  either orally or in writing as a disciplinary measure. A copy of any written
				  notice shall be submitted to the Department and shall become part of the
				  employee's personnel records. The notice shall bear the signature of the
				  issuing official.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.640 - Suspension Totaling Not More Than Thirty Days in any Twelve Month Period

Current through Register Vol. 48, No. 28, July 12, 2024
Disciplinary suspension without pay totaling not more than 30
				  days in any 12 month period may be imposed upon an employee by an agency head
				  or designee. Unless delay in the imposition of discipline will result in clear
				  harm or damage to an agency, the employee shall be informed in writing of the
				  proposed suspension and the reasons therefor at least 6 working days prior to
				  the effective date of the proposed suspension and be provided with copies of
				  pertinent documents on which the proposed suspension is based. The employee
				  shall have 5 working days after being informed of the proposed suspension
				  within which to address to the agency head or designee written rebuttal to the
				  reasons given for the suspension. A decision of an agency head or designee not
				  to suspend the employee shall be rendered in writing before the proposed
				  suspension date. Written notice of any suspension imposed with the reasons
				  therefor must be served upon the employee on a form prescribed by the Director
				  on or before the effective date of the suspension in person or by certified
				  mail, return receipt requested, at the employee's last address appearing in the
				  personnel file. Notice of such suspension imposed must also be filed
				  immediately with the Director.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.660 - Suspension Totaling More than Thirty Days in any Twelve Month Period

Current through Register Vol. 48, No. 28, July 12, 2024
The agency head or a designee may, after complying with the
				  procedures set forth in this Part, initiate a disciplinary suspension of any
				  employee totaling more than 30 days in any 12 month period and if such employee
				  is certified, the agency shall file written charges for such suspension with
				  the Director in the form and manner prescribed. Such written charges shall be
				  signed by the head of the operating agency or designee, and shall contain a
				  clear and concise statement of facts showing good cause for such suspension.
				  The charges shall be accompanied by a copy of the employee's performance
				  records. Unless delay in the imposition of discipline will result in clear harm
				  or damage to an agency, the employee shall be informed in writing of the
				  proposed suspension and the reasons therefor at least 6 working days prior to
				  the effective date of the proposed suspension and be provided with copies of
				  pertinent documents on which the proposed suspension is based. The employee
				  shall have 5 working days after being informed of the proposed suspension
				  within which to address to the agency head or designee written rebuttal to the
				  reasons given for the suspension. A decision of an agency head or designee not
				  to suspend the employee shall be rendered in writing before the proposed
				  suspension date.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.670 - Approval of Director of Central Management Services

Current through Register Vol. 48, No. 28, July 12, 2024
No disciplinary suspension totaling more than 30 days in any
				  12 month period for a certified employee shall be effective without the
				  approval of the Director.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.680 - Notice to Employee

Current through Register Vol. 48, No. 28, July 12, 2024
Notice of approved charges for a disciplinary suspension
				  totaling more than 30 days in any 12 month period shall be served on a
				  certified employee by the Director, in person or by certified mail, return
				  receipt requested, at the employee's last address appearing in the personnel
				  file.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.690 - Employee Obligations

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt by the employee of any disciplinary suspension
				  or charges for discharge, the employee shall leave the place of employment and
				  if deemed appropriate by the agency, any housing or other accommodations
				  furnished the employee by the State.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.700 - Cause for Discharge

Current through Register Vol. 48, No. 28, July 12, 2024
Cause for discharge consists of some substantial shortcoming
				  which renders the continuance of an employee in a State position in some way
				  detrimental to the discipline and/or efficiency of the service and which the
				  law or sound public opinion recognizes as good cause for the employee no longer
				  being held in that position.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.705 - Pre-Termination Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Before an agency shall suspend any certified employee pending
				  decision on discharge or bring charges for discharge against any certified
				  employee, that agency shall apprise the employee of the basis for such action
				  and provide the employee an opportunity to respond to the charges in accordance
				  with the following standards:
a) The
				agency will notify the employee in writing of the intended discharge or
				suspension pending discharge.
b) A
				statement of charges in support of the proposed action, full and complete to
				the knowledge of the agency at the time it is drawn, will be given to the
				employee, including the name of any known witness and a copy of any document
				pertinent to the charges.
c) The
				employee shall have 5 scheduled working days after receipt of the charges and
				prior to the effective date of the suspension or discharge in which to respond
				to them orally or in writing.
d)
				The employee is entitled to representation in any meeting either through the
				collective bargaining representative or in the absence of such representation
				by any person or organization.
e)
				The employee shall remain in paid status pending the response but not
				necessarily permitted to work.
f)
				The employee or the employee's representative shall be permitted access to a
				designated area or a secure area of the work place to investigate the charges
				and, upon request, be provided a copy of other pertinent documents.
g) The failure of the employee to respond to
				the charges within the time limits shall not bar the agency from proceeding
				with discharge.
h) When the
				investigation of the charges causes them to be altered in fact, form, context,
				or reference from those given the employee at the time the notice of suspension
				pending discharge was issued and for which the employee has not had an
				opportunity to respond, a second notice and opportunity for response will be
				given to the employee.
i) The
				agency head or a designee shall receive the response of the employee, whether
				it is oral or written.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.710 - Suspension Pending Decision on Discharge

Current through Register Vol. 48, No. 28, July 12, 2024
An operating agency may suspend after compliance with Section
				  302.705
				  any employee for up to 30 days pending the decision of the operating agency
				  whether charges for discharge shall be filed against such employee. Notice of
				  such suspension must also be filed immediately with the Director. The agency
				  shall thereafter promptly investigate the facts and circumstances and render
				  its decision. Should the agency determine that the facts and circumstances do
				  not warrant disciplinary suspension or charges for discharge, the employee
				  shall be made whole. Should the agency determine that a disciplinary suspension
				  is appropriate, Section
				  302.640
				  or
				  302.660,
				  as the case may be, shall apply in its entirety in lieu of all or part of the
				  period of suspension served. Should the agency determine that discharge of the
				  employee is appropriate, Section
				  302.720
				  shall apply in its entirety.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.720 - Discharge of Certified Employee

Current through Register Vol. 48, No. 28, July 12, 2024
The agency head or his/her designee may after compliance with
				  Section
				  302.705
				  initiate discharge of a certified employee by filing written charges for
				  discharge with the Director in the form and manner prescribed by the Director.
				  Written charges shall be signed by the head of the agency, and shall contain a
				  clear and concise statement of facts showing good cause for discharge, and
				  shall be accompanied by a copy of the employee's performance records. No
				  discharge of a certified employee shall be effective without the approval of
				  the written charges for discharge by the Director.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.730 - Notice to Employee

Current through Register Vol. 48, No. 28, July 12, 2024
Notice of approved charges for discharge shall be served on
				  the employee by the Director, in person or by certified mail, return receipt
				  requested, at the employee's last address appearing in the personnel
				  file.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.750 - Appeal by Employee

Current through Register Vol. 48, No. 28, July 12, 2024
A certified employee who has been served with approved
				  charges for suspension in excess of 30 days or discharge may appeal to the
				  Civil Service Commission, provided such appeal is made in writing within 15
				  days of receipt of such approved charges.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.780 - Discharge of Probationary Employees

Current through Register Vol. 48, No. 28, July 12, 2024
The Director may approve the discharge or suspension of a
				  probationary employee at the request of an agency. In determining whether or
				  not to approve the discharge of such employee, the Director shall consider the
				  employee's performance records.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.781 - Reinstatement from Suspension or Discharge

Current through Register Vol. 48, No. 28, July 12, 2024
An employee reinstated for the period for which he/she was
				  suspended or discharged shall receive full compensation for such period. Full
				  compensation shall mean compensation such suspended or discharged employee
				  would have earned in the position classification during the period of
				  suspension or discharge less amounts earned by the employee from any other
				  source and unemployment compensation payments received during such
				  period.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.785 - Suspension Resulting From Arrest or Criminal Indictment/Suspension Pending Judicial Verdict

Current through Register Vol. 48, No. 28, July 12, 2024
a) The arrest
				or criminal indictment of any employee may be grounds for suspension if the
				arrest or indictment and facts in support of either made known to the Director:
1) resulted from an employee's conduct in the
				course of employment duties, including a failure to perform such duties,
				or
2) occurred on or proximate to
				State premises and as a result of the employee's conduct thereon, or
3) raises reasonable doubt concerning the
				employee's suitability for continued State employment in the present assignment
				or position.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.790 - Prohibition of Discrimination

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Discrimination against any person in recruitment, examination, appointment,
				training, promotion, retention, or any other personnel transaction, because of
				religion, race, national origin, sex, age, handicap or any other non-merit
				factor is prohibited except where such may be a bona fide job
				qualification.
b) Any applicant or
				employee who feels adversely affected in employment because of such
				discrimination shall have resort to the grievance procedure hereunder and may
				be joined in such procedure by the Affirmative Action Director or designee
				where necessary or appropriate.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart K - DISCHARGE AND DISCIPLINE › Section 302.795 - Administrative Leave

Current through Register Vol. 48, No. 28, July 12, 2024
a) With the
				approval of the Director of Central Management Services, an agency head may
				relieve an employee from duty when extraordinary circumstances and the best
				interest of the agency and the State of Illinois will be served in doing
				so.
b) Circumstances warranting
				this leave must be of an extraordinary nature and are limited to those
				situations where no alternative means, such as suspension or temporary
				reassignment of an employee, will adequately protect the best interest of the
				agency and the State of Illinois.
c) Duration of an administrative leave shall
				be no longer than necessary to protect the best interest of the agency and the
				State of Illinois. The leave shall initially be for no longer than 60 calendar
				days, but may be extended for additional periods of time, not to exceed 60 days
				each, so long as necessary to protect the best interest of the agency and the
				State of Illinois.
d)
				Administrative leave shall not be used as an alternative to Suspension Pending
				Decision on Discharge or Suspension Pending Judicial Verdict pursuant to
				Section
				302.710
				and Section
				302.785
				of this Part.
e) Administrative
				leave shall not be allowed in lieu of vacation, sick leave, personal business
				leave or any other type of paid or unpaid leave when the other leave is
				appropriate, nor shall administrative leave be used to circumvent rules
				governing limits on other leaves available to an employee.
f) The agency will immediately provide the
				affected employee written notice of the administrative leave, and the agency
				will also immediately report any administrative leave to the Department of
				Central Management Services.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart L - TERM APPOINTMENTS › Section 302.810 - Positions Subject to Term Appointments

Current through Register Vol. 48, No. 28, July 12, 2024
All positions not subject to Section 4d(1), (2), (3) and (6)
				  of the Personnel Code (Ill. Rev. Stat. 1987, pars. 63b104d(1), (2), (3) and
				  (6)) on or above merit compensation grade 12 or its equivalent shall be subject
				  to Term Appointments; except that all positions the duties and responsibilities
				  of which are wholly professional but do not include policy-making or major
				  administrative responsibilities and those positions which have either salaries
				  at negotiated rates or salaries at prevailing rates shall be exempt from the
				  provisions of the Term Appointment.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart L - TERM APPOINTMENTS › Section 302.820 - Appointment

Current through Register Vol. 48, No. 28, July 12, 2024
a) An appointee to
				a position subject to Term Appointment for which the individual is qualified
				and which position is determined by the Director of Central Management Services
				to be exempt from the requirements of the United States Supreme Court decision
				in Rutan, et al. v. Republican Party of Illinois, et al., 497 U.S. 62(1990),
				shall be selected by the Director or Chairman of the Department, Board or
				Commission in which the position is located. An appointee to all other
				positions subject to Term Appointment shall be selected by the Director or
				Chairman of the Department, Board or Commission in which the position is
				located from the appropriate open competitive or competitive promotional
				eligible list. Such appointments shall be made for a four year term commencing
				on the date of the appointment.
b)
				All appointments to and renewals in term positions made before the effective
				date of P.A. 85-1152, effective July 29, 1988, amending the Personnel Code are
				ratified and confirmed.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart L - TERM APPOINTMENTS › Section 302.822 - Appointees Under Term Appointments

Current through Register Vol. 48, No. 28, July 12, 2024
Appointees under Term Appointments shall be subject to
				  Jurisdictions A, B, and C of Personnel Code with all rights and obligations
				  thereunder during the term of their appointment. Appointees shall be subject to
				  the provisions of the Personnel Rules during the term of their appointment,
				  including Sections
				  302.410
				  and
				  302.420. An
				  intra-agency or inter-agency transfer may be to a term position and shall not
				  operate to extend the incumbent's term or to terminate the appointment prior to
				  expiration of the incumbent's term.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart L - TERM APPOINTMENTS › Section 302.824 - No Reallocation to Term Positions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any position which is reallocated,
				reclassified, or reevaluated to become subject to Term Appointments shall be
				declared vacant by the Director of the Department of Central Management
				Services who shall so advise the Director or Chairman of the Department, Board
				or Commission and notify the incumbent. The incumbent may directly petition the
				Director of Central Mangement Services for reconsideration of the decision
				pursuant to Section
				302.850.
b) The incumbent in the position selected
				shall be allowed to apply for the vacant position. The Director or Chairperson
				of the Department, Board or Commission in which such position is located within
				30 days of the decision by the Director that the position is subject to Section
				302.810
				shall notify the Director and the incumbent employee in writing of the decision
				whether to appoint the employee to a Term Appointment in that position. If not
				selected, the individual shall be given a vacant position in the same agency in
				the same class as the position previously held, or be allowed a voluntary
				reduction, pursuant to Section
				302.500.
				The provisions of 80 Ill. Adm. Code
				301.20 and
				301.30 shall
				apply.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart L - TERM APPOINTMENTS › Section 302.825 - Reemployment Rights to Term Appointment

Current through Register Vol. 48, No. 28, July 12, 2024
No employee with reemployment rights granted under Section
				  302.570
				  shall be recalled to a position under Term Appointment, unless the employee has
				  previously been appointed to a four year term. Said reemployment rights shall
				  be limited to the term appointment position held at time of layoff except that
				  an employee laid off from a Senior Public Service Administrator position may
				  also be eligible for reemployment to other related positions in the Senior
				  Public Service Administrator classification pursuant to Section
				  302.570(b).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart L - TERM APPOINTMENTS › Section 302.830 - Expiration of Term Appointment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				"Term Appointment" shall automatically terminate at the end of the fourth year
				after the date of the initial appointment unless the Term Appointment is
				renewed for another four year term by the Director or Chairman of the
				Department, Board or Commission.
b)
				The term of any person appointed to or renewed in a term position before the
				effective date of P.A. 85-1152 amending the Personnel Code shall expire 4 years
				after the effective date of the appointment or renewal.
c) Failure to renew a Term Appointment is not
				grievable or appealable to the Civil Service Commission.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart L - TERM APPOINTMENTS › Section 302.840 - Renewal Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) At least
				sixty (60) days prior to the termination of a Term Appointment the Director
				shall notify the Director or Chairman of the Department, Board or Commission
				and the employee, that the incumbent's term automatically expires on the last
				calendar day preceding the fourth anniversary of the appointment date unless
				the Director or Chairman renews the "Term Appointment". The Director or
				Chairman will notify the employee, in writing, prior to the expiration of the
				term of the intention to renew or not to renew the appointment. A copy of said
				letter shall be sent to the Director of Central Management Services.
b) The Director or Chairman shall advise the
				Director of Central Management Services in writing, whether the employee's term
				has been renewed or allowed to expire automatically. Failure to notify the
				Director of Central Management Services prior to the expiration of the
				appointment shall be deemed termination by the employing Director or
				Chairman.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 302 - MERIT AND FITNESS › Subpart L - TERM APPOINTMENTS › Section 302.846 - Change in Position Factors Affecting Term Appointment Exclusion

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any position
				excluded from Term Appointment whose status, salary, pay plan assignment or
				source of funding is changed to cause the position to be subject to Term
				Appointment under Section
				302.810
				shall become immediately so subject. The Director of Central Management
				Services shall so advise the Director or Chairman of the Department, Board or
				Commission and notify the incumbent. The incumbent may directly petition the
				Director of Central Management Services for reconsideration of the decision
				pursuant to Section
				302.850.
1) The incumbent in the position selected
				shall be allowed to apply for the position. The Director or Chairperson of the
				Department, Board or Commission in which such position is located within 30
				days of the decision by the Director that the position is subject to Section
				302.810
				shall notify the Director and the incumbent employee in writing of the decision
				whether to appoint the employee to a Term Appointment in that
				position.
2) If the Director or
				Chairperson of the Department, Board or Commission in which the position is
				located fails to notify the Director within 30 days, the Department will
				prepare documents necessary to terminate the incumbent, effective 60 days
				following the effective date the position becomes subject to term appointment.
				These documents will be sent to the Director or Chairperson of the Department,
				Board or Commission who must either sign the appropriate documents confirming
				the decision to terminate the incumbent or return the documents unsigned and
				notify the Department that the decision is to appoint the incumbent to the term
				position.
3) In no case may such a
				position be filled by other than the provisions for Term Appointment for more
				than 60 days following the effective date the position becomes subject to Term
				Appointment.