Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 500 - PERSONNEL RULES › Subpart C - MERIT AND FITNESS › Section 500.295 - Discipline, Discharge, and Demotion

Current through Register Vol. 48, No. 28, July 12, 2024
a) Progressive Corrective Discipline: Unless
				grounds clearly are present warranting immediate discharge or suspension
				pending decision on discharge, employees shall be subject to corrective
				discipline progressively applied utilizing counseling, warnings, and/or
				suspensions, 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 below.
b) Discipline - Written Warnings: A
				department head or designee may warn an employee either orally or in writing as
				a disciplinary measure. A copy of any written warning shall be placed in the
				employee's personnel file and it may be used in considering further discipline,
				demotion, withholding of salary increases, and other personnel transactions
				when such actions occur within 12 months of the date of issuance of the written
				warning. The employee shall sign one copy signifying he/she has received and
				read it and retain one copy for his/her own records. The written warning shall
				bear the signature of the issuing official.
c) Suspension Totaling Not More Than Thirty
				Days in Any Twelve Month Period: Disciplinary suspensions without pay totaling
				not more than 30 days in any 12 month period may be imposed upon an employee by
				a department head or designee. Unless delay in the imposition of discipline
				will result in clear harm or damage to a department, the employee shall be
				informed in writing of the proposed suspension and the reasons therefor at
				least 4 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 2 working days after being informed of the
				proposed suspension within which to address to the department head written
				rebuttal to the reasons given for the suspension. A decision of a department
				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. The Personnel Director must be notified of any
				suspensions and copies of all written notices must be filed with the Director
				on the same day or prior to the date the suspension became effective.
d) Suspension Totaling More Than Thirty Days
				in Any Twelve Month Period: The department head or designee may, after
				complying with the procedures set forth in this subsection, initiate a
				disciplinary suspension of any employee totaling more than 30 days in any 12
				month period and if such employee is certified, the department head shall file
				written charges for such suspension with the Director in the form and manner
				prescribed. Such written charges shall be signed by the department head 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 a department, the employee shall be
				informed in writing of the proposed suspension and the reasons therefor at
				least 4 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 2 working days after being informed of the
				proposed suspension within which to address to the department head or designee
				written rebuttal to the reasons given for the suspension. A decision of a
				department head or designee not to suspend the employee shall be rendered in
				writing before the proposed suspension date. A copy of the written decision
				must be forwarded to the Director on the day the decision is
				rendered.
e) Notice to Employee:
				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.
f) Employee Obligations: Upon receipt by the
				employee of a disciplinary suspension or charges for discharge, the employee
				shall leave the place of employment and if deemed appropriate by the department
				head, any housing or other accommodations furnished the employee by the Office
				of the Comptroller.
g) Hearing -
				Suspension Thirty Calendar Days or More: Employees who have been suspended for
				a period in excess of 30 calendar days in a 12 month period for cause may make
				a written request to the Commission for hearing thereof within 15 calendar days
				of receipt of written charges.
h)
				Suspension Pending Decision on Discharge: A department head or designee may
				suspend any employee for up to 30 days pending the decision of the department
				head whether charges for discharge shall be filed against such employee. The
				department head shall at the time of such suspension provide the employee with
				written reasons therefor in person or by certified mail, return receipt
				requested, at the employee's last address appearing in the personnel file.
				Notice of such suspension must also be filed immediately with the Director. The
				Department head shall thereafter promptly investigate the facts and
				circumstances and render his/her decision. Should the department head determine
				that the facts and circumstances do not warrant disciplinary suspension or
				charges for discharge, the employee shall be made whole. Should the department
				head determine that a disciplinary suspension is appropriate, Section
				500.295(c) or
				(d), as the case may be, shall apply in its
				entirety. Should the department head determine that discharge of the employee
				is appropriate, Section
				500.295(j)
				shall apply in its entirety.
i)
				Approval of Director of Personnel: 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.
j) Discharge of Certified Employee: The
				department head or his designee may 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
				department head 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 file and performance records. No discharge of a certified employee
				shall be effective without the approval of the written charges for discharge by
				the Director.
k) Notice to
				Employee: 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.
l) Appeal By Employee: A
				certified employee who has been served with approved charges for suspension in
				excess of 30 days or discharge may appeal to the Merit Commission, provided
				such appeal is made in writing within 15 days of receipt of such approved
				charges.
m) Discharge of
				Probationary Employee: The Director may approve the discharge or suspension of
				a probationary employee at the request of a department head or designee. In
				determining whether or not to approve the discharge of such employee, the
				Director shall consider the employee's employment record.
n) Reinstatement From Suspension or
				Discharge: 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 any unemployment compensation payments received during such
				period.
o) Suspension or Discharge
				Resulting From Arrest or Criminal Indictment:
1) The arrest or criminal indictment of any
				employee shall not be grounds for suspension or discharge unless the arrest or
				indictment and facts in support of either made known to the Director:
A) Resulted from an employee's conduct in the
				course of employment duties, including a failure to perform such
				duties;
B) Occurred on or proximate
				to State premises and as a result of the employee's conduct thereon;
C) Raises reasonable doubt concerning the
				employee's suitability for continued State employment in the present assignment
				or position.