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§ 38.062 PAYMENT OF ACCRUED VACATION UPON TERMINATION OF EMPLOYMENT.
   The vacation days entitled during the year in which employment is terminated shall be prorated provided a two week notice is given. If no notice is given, then the former employee shall be paid for unused time pursuant to Illinois law. For all employees hired after February 28, 2017, vacation time will be paid out pursuant to Illinois law. The county reserves the right to provide no compensation if no notice is given so long as such action is permitted by Illinois law.
(Ord. passed 11-28-2011; Res. 2017-02, passed 2-23-2017)
§ 38.063 UNUSED VACATION.
   Up to five earned, but unused, paid vacation days may be accumulated from one year and used the following year at the discretion of the department head. For purposes of this section “one year” and “following year” is a full calendar year from the employee’s hire anniversary date.
(Ord. passed 11-28-2011; Res. 2017-15, passed 11-16-2017)
§ 38.064 NON-ACCRUAL OF VACATION.
   Vacation time shall not accrue during leaves of absence or maternity leaves. See LOA, FMLA policies.
(Ord. passed 11-28-2011)
LEAVES OF ABSENCE
§ 38.075 SICK LEAVE.
   (A)   Employees are credited with one sick day per month after their probationary period. Sick leave may be used in one-hour increments. Sick leave may be used for absences due to an illness, injury, or medical appointment of the employee. Sick leave may also be used on the same terms for the employee’s child, spouse, sibling, parent, mother-in-law, father- in-law, grandchild, grandparent, stepparent or domestic partner for reasonable periods of time as the employee’s attendance may be necessary.
   (B)   Credited, but unused, sick days may be accumulated at a rate not to exceed 12 working days per year and an accumulated total of 90 days. For IMRF purposes employees may accumulate a total of 240 days for retirement.
   (C)   Employees who will be absent from work must notify the department head on the morning of the absence within one-half hour of the scheduled time for reporting to work. Notification must be given for each day of the absence unless the department head has prior understanding of the duration of the employee’s expected sick leave.
   (D)   A doctor’s verification is required for absences of three consecutive days. This shall be sent to the department head and attached to the time sheet for inclusion in the employee’s file.
   (E)   In case of discharge or dismissal, accumulated sick leave will be forfeited by the employee.
   (F)   In case of resignation, an employee shall be paid one-half day salary for each accumulated sick day. For all employees hired after February 28, 2017, there will be no payment of accumulated sick time upon resignation/termination of employment.
   (G)   Sick leave shall not be paid until the days are credited and shall not be advanced.
(Ord. passed 11-28-2011; Res. 2017-02, passed 2-23-2017; Res. 2017-04, passed 3-23-2017)
§ 38.076 MATERNITY LEAVE.
   Refer to § 38.079, concerning family and medical leave.
(Ord. passed 11-28-2011)
§ 38.077 MILITARY LEAVE.
   (A)   Military leave shall be considered unpaid leave, unless otherwise required by federal and state law.
   (B)   Compensation and benefits, when due, will be paid pursuant to federal and state law.
(Ord. passed 11-28-2011)
§ 38.078 MISCELLANEOUS LEAVE.
   (A)   Court/civil leave. Time away from work, with pay is allowed to permanent employees for jury duty as well as complying with subpoenas by any judicial or administrative body. Temporary employees are allowed time without pay, for attendance in court. Any monetary compensation for jury duty will be returned to the employer.
   (B)   Professional training leave. With prior approval, the Board will grant a leave of absence with pay to employees who wish to attend conferences, training institutes, seminars, workshops or training courses which are directly related to their job or the acquisition of specific skills and understandings necessary for improved job performance.
   (C)   Family bereavement leave.
      (1)   Full-time employees may take three days of paid bereavement leave for the death of employee's parents, spouse, children, brother, sister, grandparents, parents-in-laws, brother or sister-in-law, grandchildren; including stepparents, children, brother, sister, grandchildren and in-laws; or wards of guardianship. Employees may take one day of paid bereavement leave for the death of an aunt, uncle, niece or nephew and time of the funeral for a friend.
      (2)   Eligible employees (as that term is defined in Section 101(2) of the federal Family and Medical Leave Act, 29 U.S.C. 2601, et seq.) are also entitled to take a maximum of two weeks (ten working days) of unpaid bereavement leave for the reasons described below.
      (3)   (a)   Employees may take leave for the following reasons relating to the death of a covered family member:
            1.   To attend the funeral or alternative to a funeral of a covered family member;
            2.   To make arrangements necessitated by the death of a covered family member; or
            3.   To grieve the death of a covered family member.
         (b)   In the event of the death of more than one covered family member in a 12-month period, an employee is entitled to up to a total of six weeks of bereavement leave during the 12-month period.
         (c)   When an employee takes leave for reasons listed under division (C)(3)(a) above, DeWitt County may require reasonable documentation, including a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution or government agency.
      (4)   (a)   Employees may take leave for the following reasons relating to pregnancy, fertility, adoption, and surrogacy:
            1.   Due to a miscarriage;
            2.   Due to an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure;
            3.   Due to a failed adoption match or an adoption that is not finalized because it is contested by another party;
            4.   Due to a failed surrogacy agreement;
            5.   Due to a diagnosis that negatively impacts pregnancy or fertility; or
            6.   Due to a stillbirth.
         (b)   When an employee takes leave for reasons listed under division (C)(4)(a) above, DeWitt County may require reasonable documentation including a Department of Labor form filled out by a health care practitioner who has treated the employee or the employee's spouse or domestic partner, or surrogate, for an event listed under division (C)(4)(a) above, or documentation from the adoption or surrogacy organization that the employee worked with related to an event listed under division (C)(4)(a) certifying that the employee or his or her spouse or domestic partner has experienced an event listed under division (C)(4)(a). DeWitt County does not require that the employee identify which category of event under division (C)(4)(a) the leave pertains to as a condition of exercising the rights under this section.
      (5)   Bereavement leave under this section must be completed within 60 days after the date on which the employee receives notice of the death of the covered family member or the date on which an event listed under division (C)(4)(a) occurs. An employee is required to provide DeWitt County with at least 48 hours' advance notice of the employee's intention to take bereavement leave unless providing such notice is not reasonable and practicable.
      (6)   For purposes of this section, covered family members include an employee's child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.
      (7)   For purposes of this section, domestic partner includes the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a state or political subdivision of a state. Domestic partner also includes an unmarried adult person who is in a committed, personal relationship with the employee, who is not a domestic partner and not in a such a relationship with any other person, or who the employee has designated as his or her domestic partner to DeWitt County.
      (8)   An employee who is entitled to take paid or unpaid leave may elect to substitute any period of paid leave for an equivalent period of unpaid bereavement leave.
      (9)   DeWitt County prohibits retaliation against any employee who exercises his or her rights under this section, opposes any practice that the employee believes to be in violation of this section, or supports the exercise of rights of another under this section.
      (10)   This section does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or in addition to the unpaid leave time permitted by the federal Family and Medical Leave Act of 1993.
   (D)   Educational leave. The Board may grant an employee a leave of absence without pay for an appropriate academic term or terms for the purpose of engaging in full-time studies at an accredited school which would benefit the Board by improving the employee’s qualifications to perform the duties of his or her position.
(Ord. passed 11-28-2011; Res. 2022-07, passed 11-23-2022)
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