Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 250 - STATE UNIVERSITIES CIVIL SERVICE SYSTEM › Section 250.110 - Separations and Demotions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Resignation. An employee having a nonstatus or status appointment, as described
			 in Sections
			 250.70
			 and
			 250.80,
			 may resign by presenting a signed resignation to his/her employer or by
			 demonstrating to the employer by other means his/her intent to separate from
			 employment. Upon receipt of a signed resignation by the employee or other
			 evidence of intent to separate from employment, the employee will be separated
			 from his/her employer. The employer shall maintain all resignations or other
			 documentation of evidence in accordance with the employer's record retention
			 policy.
b) Leave of Absence
1) Leave of Absence for Classification
			 Changes. A status employee who accepts a position that represents a promotion
			 in a class outside his/her promotional line shall be granted a leave of absence
			 from a position of his/her former class for the duration of any intern
			 appointment, provisional appointment, and/or probationary period in the new
			 class.
2) Leave of Absence for
			 Disciplinary Actions. An employee placed on a Disciplinary Suspension or on a
			 Suspension Pending Discharge shall be placed on a leave of absence from his/her
			 position.
3) Leave of Absence for
			 Disability Leave
A) If an employee is no
			 longer able to perform the duties and responsibilities of his/her position in
			 the class due to a disability as determined by the employer's medical and/or
			 psychological evaluation procedures, and/or in accordance with State and
			 federal laws, the employee will be required to take disability leave in
			 accordance with subsection (b)(3)(B).
B) A status employee who becomes eligible for
			 disability benefits to be paid by the employer or, as later determined, by the
			 Illinois State retirement system to which the employee contributed, or becomes
			 eligible for payment benefits as defined by the Workers' Compensation Act [820
			 ILCS 305], the Illinois Occupational Diseases Act [820 ILCS 310], or a State
			 self-insurance program, shall be granted a disability leave. The disability
			 leave shall be the period for which the employee applies for such benefits,
			 until the time of the expiration of the benefits or a final administrative
			 decision denying or terminating the benefits, including any gap in benefit
			 payments between the expiration of institutional benefits and those available
			 under the approving authority.
C)
			 The employer may require an employee to take a medical and/or psychological
			 examination prior to returning to work after a disability leave. The
			 examination shall be conducted by a licensed practitioner selected by the
			 employer to determine the physical and/or mental capability to perform the
			 essential duties of the employee's position. The employer may supply the
			 examining practitioner with facts relating to the employee's difficulty or
			 inability to perform the essential functions of the job and may supply
			 additional information, including but not limited to physical and mental
			 requirements of the employee's position, duty statement, job classification
			 specification, and position description. The employee may also present an
			 alternative opinion provided by a licensed practitioner to be selected and paid
			 for by the employee. If there is a difference of opinion, a third outside
			 practitioner shall be selected by the 2 physicians. The employer shall pay for
			 all examinations, except those initiated by the employee.
D) An employee's refusal to submit to an
			 examination as described in subsection (b)(3)(C), the unexcused failure to
			 appear for such an examination, or the refusal to release the results of the
			 examination may be deemed by the employer as an acknowledgement that the
			 employee is not fit for duty and may subject the employee to termination
			 actions as defined in subsection (c).
E) A disability leave may be revoked by the
			 employer upon evidence that the cause for granting the leave was
			 misrepresented.
F) At the
			 expiration of all disability benefits, an employee shall be entitled to return
			 to a position in his/her class without any loss of status due to the disability
			 leave, providing that he/she returns upon the expiration of all disability
			 benefits to which entitled.
G)
			 Reemployment
i) If an employee does not
			 return to work at the expiration of all disability benefits and is terminated
			 in accordance with subsection (c)(2), the employee may, within one year
			 following the expiration of all disability benefits, request reinstatement and,
			 upon approval of the Executive Director, the employee's name may be placed on
			 the reemployment register in the class in which he/she was employed at the time
			 the disability leave was granted and in accordance with total seniority
			 earned.
ii) If, within one year
			 following the expiration of all disability benefits, the employee requests
			 reinstatement, but, because of his/her disability, is deemed unable to perform
			 the duties in the class, the employee may be required to pass physical or other
			 tests to determine employability under the University System.
4) Military Leave of
			 Absence. An employee shall be granted a Military Leave of Absence in accordance
			 with State and federal laws and regulations.
5) Notification
A) The employer may select:
i) to notify the Executive Director of all
			 leaves of absence, including military, disability, or any other leave otherwise
			 granted; or
ii) to maintain these
			 records for inspection upon request by the Executive Director or designee
			 during the on-site audit program or other specified time.
B) The notification shall include the
			 beginning and ending dates of leaves that exceed 30 calendar days of non-pay
			 status.