Ill. Admin. Code tit. 80 § 310.490

Current through Register Vol. 48, No. 49, December 6, 2024

Section 310.490 - Other Pay Provisions

a) Transfer - Upon assignment of an employee to a vacant position in a class with the same salary range as the class for the position being vacated, the employee's base salary will not be changed. Upon separation and subsequent appointment to a position in the same salary range, no increase in salary will be given. Any deviation from no change to the employee's base salary is a special salary adjustment (see Section 310.470).

b) Entrance Base Salary - Each agency shall not request current or past wage or salary at any location (website, form or process). If a candidate inadvertently or voluntarily, without prompting, discloses the candidate's current wage or salary history, including benefits or other compensation, the agency shall not consider or rely on the information in a current or future salary offer and shall disregard the information. In-hire rates assigned to trainee program classifications are the entrance base salary (see Section 310.47).

1) When the new-to-State-government candidate only meets the minimum of the classification requirements, the entrance base salary is the lowest salary in the anticipated starting salary range, the anticipated starting salary, or the in-hire rate.

2) Qualifications Above Minimum Requirements -

A) For Other Than Trainee Classification Titles When the Candidate is New to State Government - For other than trainee classification titles when the candidate is new to State government, State agencies shall not seek, request or require a candidate's current wage or salary history. Agencies shall not use a candidate's current wage or salary history to screen applicants or request or require current wage or salary history information as a condition for being considered for employment or for an offer of employment. Agencies shall stop the verification of a candidate's current wage or salary history. When the new-to-State-government candidate exceeds the minimum of the classification requirements, the entrance base salary is the in-hire rate, the anticipated starting salary, within the anticipated starting salary range, or the rate resulting from a special salary request that is pre-approved by the Department. The anticipated starting salary and the selected new-to-State-government candidate's qualifications shall inform the entrance base salary offer. The qualifications that shall be considered are documented education and experience directly-related to the position description and exceeding the minimum requirements on the class specification. The agency shall tell the new-to-State-government candidate not to disclose the candidate's current wage or salary history. The new-to-State-government applicant may discuss salary expectations for the position being filled. If the tentatively accepted offer is not the in-hire rate, anticipated starting salary, or within the anticipated starting salary range, the agency shall complete a Special Salary Request-New Employee form (CMS-163) identifying both the pre-established anticipated starting salary and the justification for hiring the selected candidate at the tentatively offered and accepted higher starting salary.

B) For Other Than Trainee Classification Titles in Which the Current State Government Employee is a Candidate for a Position Subject to the Personnel Code - For other than trainee classification titles in which the current State government employee is a candidate for a position subject to the Personnel Code, if a candidate possesses directly-related education and experience in excess of the minimum requirements of the class specification, the employing agency may offer the candidate an entrance base salary that is not more than 5% above the candidate's current base salary. Any deviation from the 5% maximum is a special salary adjustment (see Section 310.470).

3) Area Differential - For positions where additional compensation is required because of dissimilar economic or other conditions in the geographical area in which the positions are established, a higher entrance salary may be authorized by the Director. Present employees receiving less than the new rate of pay shall be advanced to the new rate.

c) Geographical Transfer - Upon geographical transfer from or to an area for which additional compensation has been authorized, an employee will receive an adjustment to the appropriate salary level for the new geographical area of assignment, effective the first day of the month following the date of assignment.

d) Differential and Overtime Pay - An eligible employee may have an amount added to the base salary for a given pay period for work performed in excess of the normal requirements for the position and work schedule, as follows:

1) Shift Differential Pay - An employee may be paid an amount in addition to the base salary for work performed on a regularly scheduled second or third shift. The additional compensation will be at a rate and in a manner approved by the Director. The Director will approve the manner and rate of this provision after considering the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstances.

2) Overtime Pay -

A) Eligibility - The Director shall maintain a listing of classes of positions subject to the provisions of the Merit Compensation System that are eligible for overtime compensation. Classes in salary ranges MS-23 and below are eligible for straight-time overtime unless exceptions are determined by the Director or federal guidelines. Employees in these classes of positions who are assigned and perform work in excess of the normal work schedule as established by the agency shall be compensated at a straight-time rate on either a cash or compensatory time-off basis for all hours worked in excess of a normal work week. Overtime in less than one-half hour increments per day shall not be accrued. Classes in MS-24 and above are not eligible for overtime unless required by federal regulation or approved by the Director. Exceptions must be requested by the employing agency and will be determined on the basis of the special nature of the situation, a substantial need to provide overtime compensation and a significant number of hours worked beyond the normal work schedule, and will be granted only for a specified time period for which the special situation is expected to exist.

B) Compensatory Time - Employees who are eligible for compensatory time may request such time, which may be granted by the agency at its discretion, considering, among other things, its operating needs. Compensatory time shall be taken within the fiscal year it was earned at a time convenient to the employee and consistent with the operating needs of the agency. Compensatory time shall be accrued at the rate in which it is earned (straight time or time and a half), but shall not exceed 120 hours in any fiscal year. Compensatory time approved for non-union employees will be earned after 40 actual work hours in a workweek. Compensatory time not used by the end of the fiscal year in which it was earned shall be liquidated and paid in cash at the rate it was earned. Time spent in travel outside the normal work schedule shall not be accrued as compensatory time except as provided by the Federal Fair Labor Standards Act. At no time are overtime hours or compensatory time to be transferred from one agency to another agency.

e) Equivalent Earned Time -

1) Eligibility - Employees who are non-union, exempt under the Federal Fair Labor Standards Act, and in positions not eligible for overtime compensation may receive equivalent earned time for hours worked in excess of the hours per week indicated in the approved work schedule (see 80 Ill. Adm. Code 303.300(c)) assigned to the employee.

2) Accrual -

A) Employees who are eligible for equivalent earned time shall request that time before working in excess of the hours per week indicated in the approved work schedule assigned to the employee. Requests for equivalent earned time may be granted by the agency at its discretion, considering its operating needs. Equivalent earned time shall be accrued at straight time only to a maximum of 240 hours at any time.

B) Equivalent earned time will accrue in no less than one-quarter hour increments.

3) Compensation - Any approved equivalent earned time shall be taken at a time convenient to the employee and consistent with the operating needs of the agency. The equivalent earned time may be taken in increments of not less than one-quarter hour after a minimum use of one-half hour any time after it is earned. At no time is equivalent earned time to be converted into cash payment. Equivalent earned time may transfer from one agency to another at the discretion of the agency head of the agency to which the employee is moving.

f) Part-Time Work - Part-time employees whose base salary is other than an hourly or daily basis shall be paid on a daily rate basis computed by dividing the annual rate of salary by the total number of work days in the year.

g) Lump Sum Payment - Lump sum payment shall be provided for accrued vacation, sick leave and unused compensatory overtime at the current base rate to those employees separated from employment under the Personnel Code. Leaves of absence and temporary layoff (per 80 Ill. Adm. Code 302.510) are not separations and therefore lump sum payments cannot be given in these transactions. Methods of computation are explained in Section 310.520(a).

AGENCY NOTE: The method to be used in computing lump sum payment for accrued vacation, sick leave and unused compensatory overtime for an incumbent entitled to shift differential during the regular work hours will be to use the current base salary plus the shift differential pay. Sick leave earned prior to January 1, 1984 and after December 31, 1997 is not compensable. Sick leave earned and not used between January 1, 1984 and December 31, 1997 will be compensable at the current base daily rate times one-half of the total number of compensable sick days.

h) Salary Treatment upon Return from Leave -

1) An employee returning from Military Leave (80 Ill. Adm. Code 302.220 and 303.170), Peace Corps Leave (80 Ill. Adm. Code 302.230), Service-Connected Disability Leave (80 Ill. Adm. Code 303.135), Educational Leave (80 Ill. Adm. Code 302.215), Disaster Service Leave With Pay (80 Ill. Adm. Code 303.175), Disaster Service Leave With Pay - Terrorist Attack (80 Ill. Adm. Code 303.176), Family Responsibility Leave (80 Ill. Adm. Code 303.148), leave to accept a temporary, emergency, provisional, exempt (80 Ill. Adm. Code 303.155) or trainee position, leave to serve in domestic peace or job corps (80 Ill. Adm. Code 302.230), or leave to serve in an interim assignment will have the employee's salary established as determined appropriate by the employing agency and approved by the Director. However, in no event is the resulting salary to be lower than the minimum rate or higher than the maximum rate of the salary range. Creditable service date will be maintained.

2) An employee returning to the employee's former salary range from any other leave (not mentioned in subsection (h)(1)) of over 14 days will be placed at the salary which the employee received prior to the leave and the creditable service date will be extended by the duration of the leave.

i) Employees in classes that are made subject to the Merit Compensation System will retain their current salary, except that in no event is the resultant salary to be lower than the minimum rate or higher than the maximum rate of the new salary range.

j) Temporary Bilingual Pay - When Required to Use Second Language Ability - Employees who are bilingual or have the ability to use sign language, Braille, or another second language (e.g., Spanish) and whose job descriptions do not require that they do so shall be paid temporary bilingual pay when required to perform duties requiring the ability. The temporary bilingual pay received is prorated based on 5% or $100 per month, whichever is greater, in addition to the employee's base rate.

k) Salary Treatment Upon Reemployment -

1) Upon the reemployment of an employee in a class with the same salary range as the class for the position held before layoff, the employee will be placed at the same salary as held at the time of the layoff, and the employee's creditable service date will be adjusted to reflect that time on layoff does not count as creditable service time.

2) Upon the reemployment of an employee in a class at a lower salary range than the range of the class for the position held before layoff, the employee will be placed at the same salary as held at the time of layoff, except that if this exceeds the maximum of the new range, the employee will be placed at that maximum salary. The creditable service date will be adjusted to reflect that time on layoff does not count as creditable service time.

l) Reinstatement -

1) For Former State Employees Subject to the Personnel Code Who Had Intervening Employment Outside of State Government - Former State employees subject to the Personnel Code who had intervening employment outside of State government shall be paid under the conditions and requirements applicable to entrance base salary (see subsections (b), (b)(1) and (b)(2)(A)).

2) For Former State Employees Subject to the Personnel Code Who Had No Intervening Employment or Only Had Intervening State Government Employment - For former State employees subject to the Personnel Code who had no intervening employment or only had intervening State government employment, the salary upon reinstatement should not provide more than a 5% increase over the candidate's current base salary or exceed the salary rate held in the position in which previously certified without prior approval of the Director. In no event is the resulting salary to be lower than the minimum rate or higher than the maximum rate of the salary range. Any deviation from the 5% maximum, except when the resulting salary is the minimum rate of the salary range, is a special salary adjustment (see Section 310.470).

m) Bilingual Pay - Individual positions whose job descriptions require the use of sign language, Braille, or another second language (e.g., Spanish) shall receive 5% or $100 per month, whichever is greater, in addition to the employee's base rate.

n) Clothing or Equipment Allowance - An employee may be paid an amount in addition to the employee's base salary to compensate for clothing or equipment that is required in the performance of assigned duties. The amount will be determined by the Director of the employing agency, and will require approval of the Director of Central Management Services. The Director of Central Management Services will approve the manner and rate of this provision after considering the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstance.

o) Interim Assignment Pay - This subsection explains interim assignment pay as applied to certified non-bargaining unit employees in a merit compensation (including broad-band) position assigned to perform on a full-time interim basis and be accountable for the higher-level duties and responsibilities of the non-bargaining unit (merit compensation, including broad-band) position. On the effective date of the employee's interim assignment (see 80 Ill. Adm. Code 302.150(j)), the employee shall receive an adjustment as if the employee received a promotion into the higher range. When assigned to the merit compensation position, the adjustment is an amount not more than 5% of the employee's current base salary. In no event is the resulting salary to be lower than the minimum rate or greater than the maximum rate of the salary range to which the employee is being assigned. Upon interim assignment, the employee's creditable service date shall not change. Any deviation from the 5% maximum, except when the resulting salary is the minimum rate of the salary range, is a special salary adjustment (see Section 310.470).

p) International Differential Pay - For positions with a headquarters outside of the United States, a differential shall be made once a month to the base salary of the employee residing outside the United States to compensate for a change in the currency exchange rate.

Ill. Admin. Code tit. 80, § 310.490

Amended at 38 Ill. Reg. 5250, effective February 4, 2014

Amended at 40 Ill. Reg. 5893, effective 3/28/2016

Amended at 40 Ill. Reg. 9356, effective 7/1/2016

Amended by peremptory rulemaking at 43 Ill. Reg. 10811, effective 9/20/2019

Amended at 44 Ill. Reg. 6859, effective 4/16/2020

Amended at 44 Ill. Reg. 12146, effective 7/13/2020

Amended at 46 Ill. Reg. 11713, effective 7/1/2022

Amended at 47 Ill. Reg. 10482, effective 7/1/2023