Section 600.686  Leaves of Absence

 

a)         Types:  

 

1)         Disability:  An employee who has expended his or her accumulated sick leave may be granted a leave without pay, provided that he or she 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 ten (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 his or her 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 twenty-four (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 five (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 which 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 twelve (12) months and have worked at least 1,250 hours during the twelve (12) months prior to the start of the FMLA leave are entitled to up to twelve (12) workweeks leave in any twelve (12) month period for one or more of the following:

 

i)          because of the birth of a son or daughter of the employee and in order to care for the son or daughter;

 

ii)         because of the placement of a son or daughter with the employee for adoption or foster care;

 

iii)         to care for the spouse, or a son, daughter, or parent, of the employee, if the spouse, son, daughter or parent has a serious health condition;

 

iv)        because of a serious health condition that makes the employee unable to perform his or her job functions;

 

v)         because of 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.

 

Spouses employed by the Office may be limited to a combined total of twelve (12) workweeks of family leave for the birth and care of a child, placement of a child for adoption or foster care, or to care for an employee's parent who has a serious health condition.

 

B)        Use:  The entitlement to leave under subsection (a)(3)(A)(i) and (ii), above, expires at the end of the twelve (12) month period beginning on the date of the birth or placement of the son or daughter.  The leave granted under subsection (a)(3)(A)(iii), (iv) and (v), above, may be taken intermittently when medically necessary and when scheduled so as to not unduly disrupt the Office's operations.

 

C)        Benefits:  Family and Medical Leave shall be unpaid.  Accrued sick and vacation leave may be applied to the above periods of 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 family and medical leave.

 

D)        Restoration:  Employees who take leave under this subsection (a)(3) shall be returned to the same or equivalent position with equivalent benefits, pay and other terms and conditions of employment as held by the employee when the leave commenced.

 

E)         Optional Extension:  Family and Medical Leave may be extended up to a total of six months at the discretion of the Auditor General.

 

F)         Military Caregiver Extended Leave:  Employees otherwise meeting eligibility requirements for Family and Medical 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 Family and Medical Leave (inclusive of all types of Family and Medical 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 Family and Medical 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 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 Family and Medical Leave, or other notice as is practical under the circumstances. Documentation supporting the reasons for taking a leave may be required. The Office may obtain a second opinion from a health care provider of its choosing. Authorization from an appropriate health care provider to return to work may be required.

 

H)        The terms and conditions of Family and Medical 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 twelve 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 below and as may be required by law.

 

A)        Military Service Leave:  Leave of absence without pay shall be granted to all employees who leave their positions and enter military service for five (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 ninety (90) days after separation from active duty or from hospitalization or convalescence continuing after discharge for not more than two 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 USC 4301-4333).

 

B)        Military Reserve Training Leave:  Any full-time employee of the State of Illinois who is a member of any reserve component of the United States Armed Services, the Illinois National Guard or the Illinois Naval Militia shall be allowed annual leave with pay for one full pay period and any additions or extensions to fulfill the military reserve obligation.  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 shall 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 shall 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 of any reserve component of the Illinois State Militia shall be granted leave from State employment for any period actively spent in military service, including basic training and special or advanced training, whether or not within the State, and whether or not voluntary.

 

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 his or her unit that the leave taken was for one of these purposes.

 

F)         Military Pay:  During basic training and up to 60 days of special or advanced training, if the employee's compensation for military activities is less than his/her compensation as a State employee, he/she shall receive his/her regular compensation as a State employee minus the amount of his/her base pay for military activities. During the training, the employee's seniority and other benefits shall continue to accrue.

 

G)        Leave for Military Physical Examinations:  Any employee drafted into military service shall be allowed up to three (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 his or her State employment for the duration of his or her initial period of service.  The employee shall be restored to the same or similar position provided that the employee returns to his or her employment within ninety (90) days of the termination of his or her 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 four (4) days with pay per year to visit a veterans hospital or clinic for examination of a military service-connected disability.  The four (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 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 twenty (20) working days in any twelve (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 the Illinois Emergency Management Agency for employees to participate in specialized disaster relief services for the American Red Cross or for the Illinois Emergency Management Agency.  Leaves under this subsection 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 [5 ILCS 335/2].  The American Red Cross and the Illinois Emergency Management Agency 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 his or her 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)         Maternity/Paternity and Adoption Leave:

 

A)        All employees who provide proof of their pregnancy or that of their female partner within 30 days of the expected due date will be eligible for four (4) weeks (20 work days) of paid maternity/paternity leave.  The Office may require proof of the birth.  Maternity and/or paternity leave shall be limited to one (1) leave per family for each pregnancy resulting in birth or multiple births.  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.  Leaves under this subsection shall also be granted in cases of a full-term still born child.

 

B)        All employees are eligible for four (4) weeks (20 work days) of paid leave with a new adoption, with the leave to commence when physical custody of the child or children has been granted to the employee, provided that the employee can show that the formal adoption process is underway.  The Office must be notified, and the employee must submit proof that the adoption has been initiated.  Adoption leave shall be limited to one leave per adoption.

 

C)        Permanent part-time employees working nineteen (19) or more hours per week shall be eligible for paid maternity/paternity and adoption 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 375/10(c)].

 

11)         Organ Donor/Blood Donor Leave:  Upon request and approval by the Office, an employee may be entitled to time off with pay for the purpose of donating an organ, bone marrow, blood or blood platelets:

 

A)        up to 30 days of organ donation leave in any 12-month period to serve as a bone marrow or organ donor.  Medical documentation of the proposed organ or bone marrow donation shall be required before leave is approved;

 

B)        up to one hour or more to donate blood every 56 days.  Medical documentation to substantiate the use of leave time for this purpose may be required;

 

C)        up to two hours or more to donate blood platelets in accordance with appropriate medical standards established by the American Red Cross or other nationally recognized standards.  Leave to donate blood platelets may not be granted more than 24 times in a 12-month period. 

 

An employee may not be required to use accumulated sick or vacation leave time before being eligible for leave under this subsection (a)(11). Medical documentation to substantiate the use of leave time for these purposes may be required.

 

12)         Leave due to Domestic or Sexual Violence:  An employee who is a victim of domestic or sexual violence or who has a family or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee as it relates to the domestic or sexual violence may be entitled to take up to 12 work weeks of unpaid leave during any 12-month period for the purposes and under the terms and conditions provided in the Victims' Economic Security and Safety Act [820 ILCS 180] and implementing regulations (56 Ill. Adm. Code 280).

 

13)         School Visitation Leave:  Employees may take up to a total of 8 hours during any school year, no more than 4 hours of which may be taken on any given day, to attend school conferences or classroom activities related to the employee's child if the conference or classroom activities 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 shall 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 he or she may be absent or late and 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: 

 

A)        A qualifying employee who is the spouse or parent of a person called to military service lasting longer than 30 days with the State or United States pursuant to the orders of the Governor or the President of the United States shall be granted 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, and any other 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.  Where able, the employee shall consult with the Office to schedule the leave so as to not unduly disrupt Office operations. 

 

D)        The Office may require 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 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.

 

16)       Civil Air Patrol Leave:

 

A)        A qualifying employee shall be granted 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.  Where able, the employee shall consult with the Office to schedule the leave so as to not unduly disrupt Office operations. 

 

D)        The Office may require 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.

 

b)         Employee Rights After Leave:  When an employee returns from a leave of absence of six (6) months or less, the Office shall return the employee to the same or similar position in which the employee was incumbent prior to the commencement of the leave provided that all requirements for substantiation of use of leave or physical fitness have been furnished and that application for reassignment is made within the specified time limit of the leave.  When an employee returns from a leave of absence exceeding six (6) months in duration, other than a leave of absence granted under subsection (a)(2) or (a)(6), above, and there is no vacant position in the same position classification in which the employee was incumbent prior to the commencement of the leave, the employee may be laid off.  An employee returning from a leave of absence under subsection (a)(2) or (a)(6), above, shall be returned to the same or similar position in which the employee was incumbent prior to the commencement of the leave provided that all requirements for substantiation of use of leave or physical fitness have been furnished, that application for reassignment is made within the specified time limits of the leave, and that the Office's circumstances have not changed so as to make reassignment impossible or unreasonable.

 

c)         Failure to Return:  Failure to return from leave within five (5) days after the expiration date may be cause for discharge. Leave shall automatically terminate upon the employee's securing other employment during the leave period.

 

d)         Accrual and Retention of Continuous Service During Certain Leaves:  During the following leaves, an employee shall retain and accrue continuous service, provided appropriate application and return is made as required by this Section:  family and medical leave; educational leave; administrative leave; military leaves; Peace Corps or Job Corps leave; disaster service volunteer leave; or service-connected disability leave.

 

(Source:  Amended at 33 Ill. Reg. 1704, effective March 10, 2009)