Illinois Statutes require that the County Board annually adopt
a resolution specifying the holidays to be observed during the following
calendar year for all employees, except as noted below:
A. Exceptions. Only the County-paid employees of the Circuit Court and
Jury Commission shall comply with the Eleventh Judicial Circuit order
on holidays.
B. Floating holidays. Floating holiday schedules may be developed for
departments of the County, after meeting in January with County Administration,
and complying with the following procedure:
[Amended 1-11-2024]
(1) A list of holidays, which may be rescheduled, will be provided in
writing. This list shall not exceed the total number of granted holidays.
(2) Employees assigned or volunteering to work such days as authorized
by the department head may take another day off within the calendar
year in lieu of monetary payment.
(3) Floating holidays are intended to permit uninterrupted work schedules
for some County departments while providing a benefit to County employees.
This benefit is lost if the scheduling of alternate days off is too
stringent. The employee should be allowed some flexibility in taking
those days off as long as it does not disrupt the work requirements
of the department.
C. Nonworking holiday. When a holiday falls on a nonworking day, the
nearest adjacent workday shall be granted as the holiday.
D. Working holiday. In departments which have twenty-four-hour-per-day
operations, a holiday shall be observed from 12:00 midnight to 12:00
midnight of the calendar day of the holiday. If more than half of
the hours worked on any work shift period falls on the holiday, the
complete work period shall be considered as time worked on this holiday.
If less than half of the hours worked falls on the holiday, the complete
work period shall be considered a normal workday.
E. Holiday regulations. For the purpose of administration, the following
regulations shall be observed:
(1) Employees who prefer to observe religious or ethnic holidays on days
that are not listed above may use personal leave for such time.
(2) An employee must be on payroll on the workday immediately preceding
and on the workday immediately following a holiday to be eligible
for compensation for that holiday. "On the payroll" means employed
by the County and not in a nonpaid status.
(3) Part-time regular employees shall be compensated for holidays according
to their normally scheduled workday. The holiday must fall on a day
normally scheduled as a workday for part-time employees to be eligible
for compensation.
(4) Holiday compensation shall be paid to full-time employees at their
regular rate for the hours worked during a fixed holiday by one of
the following methods, at the discretion of the department head:
(a)
An alternate day off during the pay period in which the holiday
occurs; or
(b)
Compensatory time off at straight time of pay for the hours
worked; or
(c)
Cash payment for the holiday at straight pay (example: If the
employee works eight hours on the holiday, he will receive holiday
pay plus the eight hours worked or double time for working the holiday.).
(5) If an employee is required to work beyond the normal scheduled workday, during an established workweek in which the employee received holiday pay, compensation for the additional hours is in accordance with the overtime policy, §
108-46.
(6) When a holiday falls within a period of paid leave (i.e., sick leave,
vacation leave, etc.), the holiday shall be paid and shall not be
deducted.
(7) Shift employees not scheduled to work the holiday will be paid for
the holiday.
F. Emergency holiday pay. Emergency holiday pay may be authorized in
non-twenty-four-hour operations, limited to emergency maintenance
or problem-solving action required by unusual situations. Any employee
called from home on a fixed holiday shall be compensated for the holiday
plus time and 1/2 for the actual hours worked.
In order to encourage participation and support of the armed
services reserve and Illinois National Guard forces, the County encourages
its employees to participate in the exercise of this patriotic duty.
This policy holds true for employees whether they join before or after
employment with the County.
A. Annual training and active duty leave.
(1) Any full-time employee, other than an independent contractor, 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 his or her public employment for any period actively
spent in military service, including (1) basic training; (2) special
or advanced training, whether or not within the state, and whether
or not voluntary; and (3) annual training. During these leaves, the
employee's seniority and other benefits shall continue to accrue.
(2) During leaves for annual training, the employee shall continue to
receive his or her regular compensation as a public employee. During
leaves for basic training and up to 60 days of special or advanced
training, if the employee's compensation for military activities is
less than his or her compensation as a public employee, he or she
shall receive his or her regular compensation as a public employee
minus the amount of his or her base pay for military activities.
(3) Any employee who is a member of any reserve component of the United
States Armed Services, including the Illinois National Guard, and
who is mobilized to active military duty as a result of an order of
the President of the United States, shall, for each pay period, continue
to receive the same regular compensation that he receives or was receiving
as an employee of the unit of local government by which he is employed
at the time he is or was so mobilized to active military duty, plus
any health insurance and other benefits he is or was receiving or
accruing at that time, minus the amount of his base pay for military
service, for the duration of his active military service. In the event
any provision of a collective bargaining agreement covering an employee
so ordered to active duty is more generous than the provisions contained
in this section, that collective bargaining agreement shall be controlling.
In the event that 20% or more of the employees of the County are mobilized
to active military duty, as a result of an order of the President
of the United States, this provision shall not apply.
(4) In the event any provision of state and federal law then in force
is more generous than the provisions contained in this section, such
provision shall be controlling.
B. Compensation. An employee on military leave status who applies for
County compensation to make up the difference between military base
pay received and his or her regular straight-time County wage or salary
shall submit copies of all military pay stubs or leave and earnings
statements for any pay period for which compensation is requested
within 60 days of release from active duty. If an employee chooses
not to remit said military pay stubs or leave and earnings statements,
no portion of County wages will be paid to the employee. If 20% or
more of County employees are mobilized for active duty, compensation
shall be limited to two workweeks per year.
C. Benefits. Eligibility for County health plans, employee pension plans
and seniority-based benefits will be governed by the requirements
of applicable state and federal law, specifically the Uniformed Services
Employment and Reemployment Rights Act of 1994 and the Local Government
Employees Benefits Continuation Act (50 ILCS 140).
[Amended 4-18-2017; 1-11-2024]
A. Entitlement.
All full-time, part-time, and temporary general employees of the County
are covered by this act. An employee is eligible for FBLA leave after at least
1,250 hours of service with their employer during the prior twelve-month
period.
B. Eligibility.
Eligible employees may take FBLA leave for the death of a covered
family member. A "covered family member" is a child, stepchild, spouse,
domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild,
grandparent, or stepparent. "Domestic partner," for the purposes of
FBLA, means:
(1) The
person recognized as the domestic partner of the employee under any
domestic partnership agreement or civil union of law of a state or
political division of a state; or
(2) An unmarried adult person who is in a committed, personal relationship with the employee, who is not a domestic as described in Subsection
B(1) and who is not in a committed relationship with another person, and who is designated to the employer by the employee as the employee's domestic partner.
C. Amount
of leave. Eligible employees are entitled to up to two weeks (10 workdays)
of unpaid leave time following any of the events listed under the
FBLA. Employees are entitled to up to six weeks of leave in the event
of multiple qualifying events in a twelve-month period.
D. Paid bereavement
leave. An employee may be absent with pay from work for a period of
up to three working days due to a death in the immediate family. The
"immediate family" shall be defined here as the employee's child,
stepchild, spouse, domestic partner, sibling, parent, mother-in-law,
father-in-law, grandchild, grandparent, or stepparent. "Child" or
"children" is defined as an employee's son or daughter who is a biological,
adopted, or foster child, a stepchild, a legal ward, or a child of
a person standing in loco parentis. Exceptions for those beyond this
definition may be made at the discretion of the department head. Department
heads additionally shall have the authority to grant bereavement leave
in hourly increments for situations other than those listed above.
[Amended 1-11-2024]
Personal leave is granted by the County and is designed to be
a flexible form of paid leave. It may be used for any reason that
an employee sees necessary. Unless the reason for personal leave is
an emergency situation, precluding the making of prior arrangements,
the leave is to be scheduled with the consent of the employee's supervisor
far enough in advance to keep personal leave days geared both to operation
needs of the County and the convenience of the employee.
A. Entitlement. From the first day of employment, all employees shall accrue personal leave with pay according to the following schedule in §
108-38.1. All uses of personal leave shall be charged in fifteen-minute increments. An employee must have worked 90 days for the County to be granted PLAWA leave not to exceed the number of hours actually accrued. Employees who are covered by an existing collective bargaining agreement or TOPS are exempt from this section. For employees eligible for overtime under the Fair Labor Standards Act, all hours worked, including overtime hours, count toward
personal time accrual purposes, up to a maximum of five days.
B. Restrictions.
(1) Employees
are allowed to carry over or roll over unused, accrued personal leave
from one year to the next up to 80 hours. Employees are not allowed
to use more than 40 hours of personal leave in any calendar year.
(2) Upon
termination of an employee, any unused personal leave will not be
paid.
(3) Taking
unearned personal leave is not permitted. No employee will be permitted
to take personal leave if it has not yet been earned.
[Added 1-11-2024]
Table of accrued leave for regular (non-TOPS) employees:
Table of accrued leave for regular (non TOPS) employees
Years of Service
|
Annual Personal Accrual
(Days)
|
Annual Vacation Accrual
(Days)
|
Annual Sick Accrual
(Days)
|
Total
|
---|
Starting accrual rate
|
5
|
7
|
10
|
22
|
5 Years of service
|
5
|
12
|
10
|
27
|
10 Years of service
|
5
|
17
|
10
|
32
|
21 Years of service
|
5
|
18
|
10
|
33
|
22 Years of service
|
5
|
19
|
10
|
34
|
23 Years of service
|
5
|
20
|
10
|
35
|
24 Years of service
|
5
|
21
|
10
|
36
|
25 or years of service
|
5
|
22
|
10
|
37
|
[Amended 9-15-2020; 1-11-2024]
A. Purpose. The purpose of the Time Off Paid System (TOPS) is:
(1) To provide flexibility for employees to utilize paid time off to
their advantage.
(2) To provide protection from loss of income during long-term illness.
(3) To provide the McLean County Juvenile Detention Center (JDC) and
the McLean County Nursing Home with the necessary staff to maintain
its functions at an effective level.
B. Eligibility. The TOPS program shall apply to all employees at the
McLean County Juvenile Detention Center and McLean County Nursing
Home who are involved in continuous operations, i.e., those positions
which must be staffed on a twenty-four-hour-per-day, 365-day-per-year
basis. This program replaces the paid leave provisions for these employees
which generally cover holiday leave, vacation leave, personal leave,
and sick leave. All detention staff employees, with the exception
of the JDC Superintendent, Assistant Superintendent, and support staff,
who otherwise are eligible for leave are covered by this TOPS program.
All McLean County Nursing Home employees, with the exception of the
Nursing Home Administrator, Director of Nursing, Assistant Directors
of Nursing, and front office/support staff, who otherwise are eligible
for leave are covered by this TOPS program.
C. Regulations.
(1) The JDC Superintendent/Assistant Superintendent and the Nursing Home
Administrator/Director of Nursing retains the right to schedule staff
in order to maintain adequate staff to provide the services expected
in the department. Therefore, the JDC Superintendent/Assistant Superintendent
and Nursing Home Administrator/Director of Nursing have the authority
to determine schedules and to limit the granting of foreseeable requests
for regular TOPS time, as necessary to fulfill that responsibility.
In granting requests for regular TOPS time, all other things being
equal, continuous length of service with the County will be given
preference.
(2) Regular TOPS and TOPS reserve hours are accrued based on the number
of hours paid by McLean County. During an employee's evaluation period,
regular TOPS time can only be used as authorized by the JDC Superintendent/Assistant
Superintendent or Nursing Home Administrator/Director of Nursing.
(a) Up to 40 hours of TOPS time can be taken in accordance with the rules
of "paid leave for all" regulations per year
(3) Regular TOPS hours (other than illness) must be scheduled through
the supervisor.
(4) A minimum of 120 hours of regular TOPS hours must be taken each year after the first year of employment; during the remainder of the calendar year in which employment under the TOPS program begins, a minimum average of 10 hours per month must be taken. After six years of service, the minimum increases to 160 hours. Failure to take the minimum hours off shall result in forfeiture of the excess hours (120 or 160 minus the hours actually taken off), unless such failure is due to the cancellation of scheduled hours off by the County. This forfeiture shall occur at the time of the "sell back" described in Subsections
C(5) and
E.
(5) Individuals may "sell back" accumulations down to a minimum of 40
hours in their regular TOPS hours account. This option is granted
once a year, to be paid in November upon the close of the first payroll
period ending in that month.
(6) Regular TOPS hours may be accumulated to a maximum of 1.5 times the
annual rate of accrual.
(7) Regular TOPS hours may not be used after notice of resignation has
been given.
(8) All time off that is paid will be charged to the regular TOPS hours
or the TOPS reserve account. All regular TOPS hours and TOPS reserve
account hours taken must be accrued at the time that the hours are
taken to receive pay.
(9) An individual scheduled to work a holiday who fails to work the scheduled
shift on that holiday will be docked eight regular TOPS hours for
the holiday, unless the individual is hospitalized, post-hospitalized
but not released by a physician to return to work, or is suffering
from illness and is sent home by the shift supervisor or appropriate
department head, or has an unforeseeable emergency. For purposes of
this provision, the holidays are those adopted by the McLean County
Board except that those which occur on a weekend and are moved to
a weekday shall retain their original (weekend) date.
(a)
An individual so docked eight regular TOPS hours may still receive eight hours of pay for that day if the individual meets the criteria of the exemptions listed in Subsection
C(9) above.
|
Rate of Accrual of Regular TOPS Hours
|
---|
|
Years of Service
|
Amount Earned per Hour
|
Projected Hours
|
Projected Days
|
---|
|
0 to 6
|
0.1193
|
248
|
31
|
|
7 to 15
|
0.1385
|
288
|
36
|
|
16
|
0.1423
|
296
|
37
|
|
17
|
0.1462
|
304
|
38
|
|
18
|
0.1500
|
312
|
39
|
|
19
|
0.1539
|
320
|
40
|
|
20
|
0.1577
|
328
|
41
|
(b)
Regular TOPS and TOPS reserve account hours accrue on all regular
hours worked, paid regular TOPS and paid TOPS reserve account hours.
D. Reserve account.
(1) There will also be established an additional benefit entitled "reserve
account." The reserve account builds protection from pay losses due
to hospitalization for long-term, serious medical problems or outpatient
surgery.
|
Rate of Accrual for Reserve Account Hours
|
---|
|
Amount Earned per Hour
|
Projected Hours Yearly
|
Projected Days Yearly
|
---|
|
0.0193
|
40
|
5
|
(2) Reserve account regulations.
(a)
A reserve account may accumulate up to a maximum of 720 hours.
(b)
Eligible uses are:
[1]
Immediately when hospitalized and for post-hospitalization and
convalescent care resulting therefrom and authorized by the individual's
physician.
[2]
Following an illness/injury absence from work of five consecutive
workdays with physician's verification.
[3]
For long-term, serious medical problems which may not require
hospitalization but which recur within a sixty-day period, the five-consecutive-workday
requirement will be waived when authorized by the employee's supervisor.
[4]
Immediately when having scheduled outpatient surgery as verified
by a licensed physician.
(c)
This benefit is not eligible for "sell back," nor may it be
used for the illness or injury of members of the immediate family.
E. Sell back at retirement, resignation or going from benefit-eligible
to noneligible.
(1) In the event that an individual voluntarily leaves or retires from
employment at the Juvenile Detention Center, or goes from benefit-eligible
to noneligible (if employed one year or longer), there is a special
sell-back feature so individuals do not forfeit the benefits they
accumulated. At resignation/retirement or loss of benefit eligibility,
sell back of 1/2 of the hours in the regular TOPS hours account at
the current hourly salary and the other 1/2 at the percentage of the
current hourly salary as shown in the following chart is allowed:
|
Years of Eligible Service
|
Hours Eligible for Sell-Back
|
---|
|
Less than 1
|
0%
|
|
1 or more; less than 2
|
55%
|
|
2 or more; less than 5
|
70%
|
|
5 or more; less than 10
|
80%
|
|
10 or more
|
100%
|
(2) Upon resignation/retirement, all eligible hours will be forfeited,
unless at least two weeks' written notice is give, except that the
employee shall receive payment for 1/2 of the hours remaining in the
regular TOPS hours account at the respective current hourly rate.
F. Permanent changes of eligibility status for TOPS. Going from the
TOPS plan to any non-TOPS plan in the County, an individual may elect
one of the following options:
(1) To be paid regular TOPS hours at the appropriate "sell back" rate
down to a minimum of 40 hours; and convert reserve hours earned plus
40 regular TOPS hours to sick time; or
(2) To convert regular TOPS hours to vacation hours at a maximum of 1 1/2
times the new maximum accumulation rate; be paid regular TOPS hours
at the appropriate "sell back" rate for excess hours not converted
to vacation down to a minimum of 40 hours; and convert reserve hours
earned plus 40 regular TOPS hours to sick time.