SECTION II. Employees (Continued)Issued: April 27, 1998
C. Civil Service Employees
CoverageThis Subsection II.C. applies to all Eastern Illinois University ("the University") civil service employees unless otherwise provided by these Regulations, by relevant state of federal laws, by the terms of applicable collective bargaining agreements, or any pertinent written employment contracts.
- The standard work week (exclusive of unpaid meal periods) for all full-time employees shall consist of thirty-seven and a half (37.5) hours per week, except for those classifications maintaining twenty-four (24) hour per day operations including, but not limited to, University Police and Heat and/or Power Plant Employees, for which the standard work week shall consist of forty (40) hours per week.
- Any change in the standard work week for full-time employees shall require approval of the appropriate employer representative and the President.
Work Schedules and Shift AssignmentsA schedule of work days and shift assignments shall be maintained for each civil service employee. Work day schedules and shift assignments may be changed to meet operating conditions and needs of the University upon reasonable notice to the civil service employees affected.
Performance EvaluationThe University shall develop a performance evaluation program for employees consistent with these Regulations and the statutes and rules governed by the State Universities Civil Service Act, 110 ILCS 70/36b et seq. ("the Civil Service Act"). The programs and any changes shall become effective when approved by the President. Each performance evaluation program shall include the following elements and such other elements as are necessary and appropriate: (a) a description of the evaluation structure; (b) an identification of the roles and responsibilities of employees and supervisors; (c) a statement of job related criteria for performance evaluation; and (d) a description of the employee appeal procedure with respect to recommendations or decisions made pursuant to a performance evaluation.
The University shall establish a grievance procedure for the resolution of employee grievances. An employee may file a grievance when a dispute arises concerning the interpretation or application of these Regulations and/or policies established by the University. Each grievance procedure shall contain the following elements and such other elements as are necessary and appropriate:
- provisions for informal resolution;
- formal procedures for filing a grievance; and
- provisions for a formal employer representative decision and an appeal by the employee of that decision.
- The decision made at the conclusion of the appeal shall be final and binding and shall be consistent with these Regulations.
- If an employee seeks resolution of the grievance in any other forum, whether administrative or judicial, or pursuant to a grievance procedure under a collective bargaining agreement, the employer representative shall have no obligation to process the grievance under the procedure established in accordance with this regulation.
- An employee grievance committee may be established for the purpose of advising the employer representative on employee grievances.
- The grievance procedures described above and any changes therein shall become effective when approved by the President.
- The University shall establish a grievance procedure for the resolution of employee grievances. An employee may file a grievance when a dispute arises concerning the interpretation or application of these Regulations and/or policies established by the University. Each grievance procedure shall contain the following elements and such other elements as are necessary and appropriate:
Employee Discipline Program
The University shall develop and maintain an employee discipline program specifying reasonable rules of conduct, descriptions of inappropriate behavior, and corrective disciplinary measures. Each program shall contain the following elements and such other elements as are necessary and appropriate:
- rules of conduct with examples of unacceptable behavior;
- the following levels of disciplinary action: (a) oral reprimand; (b) written reprimand; (c) suspension; and (d) discharge.
- an employee appeal procedure.
- The discipline programs described above and any changes therein shall become effective when approved by the President.
- The University shall develop and maintain an employee discipline program specifying reasonable rules of conduct, descriptions of inappropriate behavior, and corrective disciplinary measures. Each program shall contain the following elements and such other elements as are necessary and appropriate:
Limitations and EligibilityExcept as otherwise indicated for prevailing wage rate groups, employee benefits shall be made available to employees in status positions, as defined by the Civil Service Act including, for the purposes of this paragraph 7., employees in appointments designed to qualify employees for status in the class, i.e. learner, trainee, apprentice, and, where appropriate, provisional. Civil Service employees in other types of non-status appointments will not be extended employee benefits under this paragraph 7. except that employees with temporary appointments shall be eligible for holiday pay in accordance with paragraph c. below. An employee with a full-time appointment shall be eligible to receive the benefits specified in this paragraph 7. An employee whose appointment is at least half-time but less than full-time shall be eligible to receive such benefits on a pro-rated basis. An employee whose appointment is for less than half-time shall not be eligible for benefits under this paragraph 7., except that such an employee shall be eligible for holiday pay in accordance with paragraph c. below on a pro-rated basis.
Non-exempt employees, as defined by Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., criteria, shall earn vacation leave in accordance with the following schedule:
Years of Service Completed Rate Earned/Hr. of Pay Status Equiv. Days per Year At Least Not More Than 0 3 .0462 12 3 6 .0577 15 6 9 .0692 18 9 14 .0808 21 14+ .0962 25
Exempt employees, as defined by FLSA criteria, shall earn vacation leave in accordance with the following schedule:
Years of Service Completed Leave Days Earned Per Year At Least Not More Than 0 3 25 3 6 26 6 9 27 9+ 28
- Beginning October 1, 1972, where there has been a break in service, the service year shall be determined by the addition of all previous periods of State service which qualified for earning of vacation leave.
- An employee who leaves the service of the University for any reason, provided that the employee is not reemployed within thirty (30) calendar days at the same place of employment, shall receive pay for vacation leave to the extent of any accrued balance as of the date of separation from service. No vacation leave will be available or payable for employees whose service is terminated prior to the completion of the probationary period.
- Except as provided below, an employee may not accumulate more than two (2) times the appropriate annual level of vacation leave. Upon reaching this maximum, vacation leave will cease to be earned except as the accumulation is reduced. An employee who is required to work on a special assignment may, at the discretion of the President, be permitted to earn up to twelve (12) days of vacation leave beyond the maximum provided above. Such additional vacation leave must be used within twelve (12) months after the employee completes work on the special assignment. Extra pay in lieu of vacation leave will not be allowed. An employee's preference as to time of leave shall be considered, but the appropriate supervisor shall have the right to assign leave periods. Observed holidays that occur during the approved vacation leave shall not be charged against vacation leave.
- Vacation leave shall not be taken during the probationary period, except for good cause and upon approval of the employer representative.
- Non-exempt employees, as defined by Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., criteria, shall earn vacation leave in accordance with the following schedule:
All University facilities will be closed except for necessary operations on the following principal holidays: New Year's Day, Martin Luther King, Jr.'s Birthday, Lincoln's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving Day, Christmas Day, and two (2) supplemental holidays designated as the day before or after New Year's Day and the day before or after Christmas Day, unless it is necessary to change these days for purpose of academic calendar.
- Principal holidays which fall on a Saturday shall be observed on the preceding Friday; principal holidays which fall on a Sunday shall be observed on the following Monday.
- Supplemental holidays will be observed on days designated by the President but shall be limited to work days, except Saturday and Sunday, immediately preceding or following the observance day of the respective principal holiday.
- Employees with full-time status, provisional, apprenticeship, trainee, or temporary appointments, except prevailing rate craft employees and those employees covered by collective bargaining agreements, will be excused on the observed day of each of the aforementioned principal and supplemental holidays. Such employees with less than full-time appointments shall be eligible for holiday pay on a pro-rated basis. All other employees, except for prevailing rate craft employees and employees covered by collective bargaining agreements, will be excused without pay.
- For employees who work other than a Monday through Friday work schedule, the calendar date on which a principal holiday falls shall be considered the holiday for purposes of receiving premium pay if work is performed on that date, in which case premium pay will not apply to work performed on the date the principal holiday is observed by the employer representative. If departmental needs permit, employees may be granted the calendar holiday off with full pay instead of the observed holiday in which case premium pay will not apply to work performed on the observed holiday.
Prevailing Rate Craft Employees
- Prevailing rate craft employees will be excused for all holidays designated in their area agreements and shall be compensated as stipulated and in accordance with provisions contained in said area agreements for said holidays.
- Five (5) additional holidays shall be granted with pay to prevailing rate craft employees and shall be observed on days designated by the employer representative. These additional holidays are: the day before or after New Year's Day, Martin Luther King, Jr.'s Birthday, Lincoln's Birthday, day after Thanksgiving, and the day before or after Christmas Day.
- Prevailing rate craft employees shall have the option of charging any unpaid area agreement holiday to vacation leave which they have available on holidays on which they are excused.
- Employees covered by a collective bargaining agreement shall be granted paid holidays in accordance with the express terms of that agreement.
In the event that work is required on any observed holiday as specified in paragraph (1) above, compensation shall be determined as follows:
Pay for Work Done on Holidays
- Employees who are eligible for holiday pay shall receive straight time pay for the holiday, plus compensation at the rate of time and one-half for hours worked or, by mutual agreement between the employee and employer representative, shall be credited with compensatory time equal to one and one-half times the number of hours worked.
- Employees who are not eligible for holiday pay shall be compensated at the rate of time and one-half for hours worked, or, by mutual agreement between the employee and employer representative, shall be credited with compensatory time equal to one and one-half times the number of hours worked.
- Exempt employees, as defined by FLSA criteria, who are required to work on an observed holiday shall be granted, by mutual agreement between the employee and the employer representative, paid time away from work equivalent to the number of hours worked on the holiday.
- Prevailing rate craft employees shall be compensated in accordance with the terms of their area agreement for holidays designated in the area agreement. For the five (5) additional holidays referred to in paragraph (3)(b) above, these employees shall be compensated in accordance with either paragraph (a)(i) or (ii) above.
- To be eligible for holiday compensation, employees must be on the active payroll on their last scheduled work day preceding the observed holiday and their first scheduled work day following the observed holiday, unless they are absent on such day(s) for good cause and such absence is approved by the employer representative.
- Pay for Work Done on Holidays
- All University facilities will be closed except for necessary operations on the following principal holidays: New Year's Day, Martin Luther King, Jr.'s Birthday, Lincoln's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving Day, Christmas Day, and two (2) supplemental holidays designated as the day before or after New Year's Day and the day before or after Christmas Day, unless it is necessary to change these days for purpose of academic calendar.
- An employee in a status position shall earn credit for sick leave with full pay at the rate of .0462 hours of sick leave for each hour in pay status, equivalent to one regular work day for each completed calendar month of service or twelve (12) regular work days per year.
- A status employee who fails to complete a full month of service shall have sick leave credit pro-rated for the shortened period of that month.
- There shall be no limit in the amount of sick leave that may be accumulated.
- An employee whose employment or reemployment by the University commences within two (2) years after termination from an entity covered by the State Universities Civil Service Act, 110 ILCS 70/36b et seq. shall, if separated in good standing, be allowed to transfer accrued sick leave earned prior to January 1, 1984, to the University.
Sick Leave Upon Termination of Employment
- Upon termination of employment at the University, an employee, or an employee's estate, shall be entitled to a lump sum payment for one-half the accrued sick leave earned on or after January 1, 1984 and before January 1, 1998.
- The lump sum payment in paragraph 4(a), less any sick leave used, shall be computed using the employee's current daily rate of compensation. If any employee has a sick leave balance earned prior to January 1, 1984, present sick leave usage will be subtracted first from this balance.
- The payment for qualifying accrued sick leave after the employee's death, retirement, resignation, or other termination of service provided by Public Act 83-976 shall be for sick leave days earned on or after January 1, 1984 and before January 1, 1998. Sick leave accumulated on or after January 1, 1998 is not compensable under this Section at the time of the employee's death, retirement, resignation, or other termination of service, but may be used to establish retirement system service credit as provided in the Illinois Pension Code, 40 ILCS 5/1-101 et seq.
Beginning January 1, 1998, sick leave used by an employee shall be charged against his/her accumulated sick leave in the following order: first, sick leave accumulated before January 1, 1984; then sick leave accumulated on or after January 1, 1998; and finally sick leave accumulated on or after January 1, 1984, but before January 1, 1998.
(Source: P.A. 87-384; 87-721; 87-895; 87-1234.)
- An employee may waive payment for all or part of his/her eligible accrued sick leave by executing an appropriate waiver form prior to termination of employment.
- A person reemployed in any capacity with the University within thirty (30) days of the termination must, as a condition of employment, repay the lump sum amount within thirty (30) days after reemployment.
- A person reemployed by the University within a two (2) year period shall be eligible to restore part or all of the lump sum payment for accrued sick leave received upon previous termination. The employee shall repay the gross amount within thirty (30) days of reemployment.
- An employee may use accumulated sick leave only when the employee is prevented from performing assigned duties because of illness, injury, pregnancy, or temporary disabilities, or is obtaining medical or dental consultation or treatment, or for special circumstances stipulated under the Family Medical Leave Act ("FMLA"), 29 U.S.C. § 2601 et seq., or the Bereavement Leave provision described in paragraph f. below. An employee not eligible for the FMLA may use up to twelve (12) days of earned sick leave per calendar year for absences resulting from the illness or injury of a parent, spouse, or child.
- The University reserves the right to require acceptable evidence of disability, illness, or injury before allowing use of any sick leave benefits.
- Unless approved in writing by the University's Designated Employer Representative, sick leave requested during a work stoppage may be denied and the absence from work treated as unexcused.
- Status Employees
Family Medical LeaveThe stated purpose of the FMLA is to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity and to entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition. According to the FMLA, this purpose is to be accomplished in a manner that accommodates the legitimate interests of employers and that is consistent with the laws involving equal protection and employment discrimination. The University shall establish a policy that is consistent with this purpose.
- Bereavement leave with pay of three (3) days per occurrence, to be taken within a period of five (5) consecutive work days commencing with the date of occurrence, will be granted to an employee in the event of the death of the employee's parent, spouse, child, son-in-law or daughter-in-law, grandparent, brother or sister, brother-in-law or sister-in-law, mother-in-law or father-in-law, aunt or uncle, niece or nephew, grandchild, or first cousin, or a member of the employee's immediate household. Bereavement leave shall be taken in not less than one-half day increments and may not be accumulated.
- Bereavement leave beyond this amount may be approved by the employer representative under special circumstances and will be deducted from either vacation leave or sick leave at the employee's choice, provided an accrual balance is available.
Leaves of AbsenceRequests for a leave of absence without pay for reasons other than disability (including but not limited to leaves of absence without pay for advanced study), upon recommendation of a supervisor, may be granted by the designated employer representative after vacation leave is reduced to not more than five (5) days. Each request will be considered on the basis of its individual merits and the operational needs of the University. The designated employer representative may waive the above vacation reduction requirement when it is determined to be in the best interests of the University to do so.
Tuition and fee waivers shall be granted to status civil service employees of the University. The following course and semester hour maxima shall apply to employees who enroll in courses at the University:
Employee Status Academic Term (the greater of:) Full-time employee 6 sem. hrs. or 2 courses 3/4 time employee 4 sem. hrs or 1 course 1/2 time employee 3 sem. hrs or 1 course
These maxima are employee benefit limitations and do not apply to enrollment in approved work-related training programs, the purpose of which is to improve service.
- Employees are encouraged to enroll in courses having scheduled class hours outside their scheduled work hours. For courses held during the employee's work schedule, the employee may be excused to attend classes subject to a maximum of four (4) clock hours per week or the number of clock hours required to attend one (1) course, whichever is greater. Requests for excused absences to attend class must be submitted to the supervisor for approval prior to enrollment and request for waiver of tuition and fees. When such approval is granted, employees shall make up the time at the discretion and approval of the supervisor by: (i) working outside of regularly scheduled hours during the work week in which the excused absence occurs, or (ii) deducting the time spent in class from the employee's accumulated vacation leave. Overtime shall not be earned for make-up time under (i) above.
- The natural, adopted, foster, and step-children and the spouse of full-time employees (including employees on sick leave or compulsory disability leave) who dies while in service at the University shall be entitled to a waiver of tuition and fees (as defined in paragraph (1) above) up to and including the baccalaureate degree at the University. Should both parents be full-time employees, the death of one parent makes the child eligible for the waiver of tuition and fees. Children of a deceased employee who is divorced shall be eligible for a waiver of tuition of fees if such employee was contributing to the children's support at the time of the employee's death.
- An employee who has retired from the University may enroll at the University for a maximum of one (1) course, or three (3) semester hours, whichever is greater, in any one academic term with the exemption from payment of tuition and such fees as may be waived in accordance with paragraph (1) above.
- See Board Regulations Section IV.B.2.a. and the applicable section of Eastern Illinois University Law at 110 ILCS 665/10-90 for provisions governing the award of 50% tuition waivers to the children of seven (7) year or more employees.
- Tuition and fee waivers shall be granted to status civil service employees of the University. The following course and semester hour maxima shall apply to employees who enroll in courses at the University:
National, State, and Local ElectionsUpon the approval of their supervisors, employees may be granted time off up to two (2) hours without pay to vote in any national, state, or local election.
Employees in Non-negotiated Classifications
- Except as provided in paragraph 7.h.(2) above, employees in non- negotiated classifications that are covered by the overtime provisions of the FLSA will be compensated at time and one-half either in cash or by allowing compensatory time off, for all time in excess of the number of hours of work comprising an established full-time daily or weekly work schedule. Employees shall not receive overtime compensation on both a daily and weekly basis for the same work time.
- For the purpose of computing overtime, paid benefit time for which work is not performed shall count as time worked in any work week.
Employees Paid On a Prevailing Rate BasisFor employees paid on a prevailing rate basis, the number of hours before daily and/or weekly overtime is payable, and the rate of overtime pay will depend on the number of hours and the rate being paid locally pursuant to the appropriate multi-employee area agreement.
Employees in Negotiated ClassificationsFor employees in a negotiated classification, overtime payment shall be in accordance with the provisions of the applicable collective bargaining agreement.
Employees Exempt From Overtime PayEmployees in positions that are exempt from the overtime provisions of the FLSA shall work as required by their position.
Compulsory Disability Leave
- If the employer representative believes an employee is unable to perform the essential functions of his/her position due to illness, injury, or disability, the employee shall be informed in writing on the basis of such belief. The employee may be required to obtain medical examinations and may be placed on leave for disability in accordance with the State Universities Civil Service Act, 110 ILCS 70/36b et seq. Refusal of an employee to complete a medical examination may result in disciplinary action.
- The employer representative shall notify the employee in writing of the duration of the compulsory disability leave period. Any earned sick leave or vacation leave may be used during the compulsory disability leave period. That portion of compulsory disability leave for which earned sick leave or vacation leave credits are not used shall be without pay.