Paid Leave for Workers Act

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Last Updated: Apr 04, 2024, 09:51 AM

    1. Purpose
      This Policy implements the Paid Leave for All Workers Act, 820 ILCS 192/et. seq. and the applicable regulations.
    2. Application
      This Policy applies to all employees of Southern Illinois University Carbondale except for the following:
      1. A student enrolled in and regularly attending classes at Southern Illinois University Carbondale who is also working less than full-time on a temporary basis at Southern Illinois University Carbondale; or
      2. Any employee who works for less than two consecutive quarters at Southern Illinois University and does not have a reasonable expectation to be rehired in the subsequent calendar year.
    3. Leave
      Employees who currently are eligible for leave under University policies or a collective bargaining agreement do not receive any additional leave under this Policy but are entitled to use one week of that leave for any reason as provided in the Paid Leave for Workers Act. A request for leave pursuant to the Paid Leave for Workers Act may be made verbally or in writing. The University shall apply an employee’s use of leave to the Paid Leave For Workers Act balance automatically. Upon using one accrual week of leave, an employee may use the remaining annual leave as provided in the applicable policy or collective bargaining agreement.

      Employees who do not receive leave under University policies or a collective bargaining agreement, shall receive one week of leave (as defined below) per calendar year under this Policy. Employees shall not be eligible to use the leave granted under this Policy until they have successfully completed at least 90 days of employment. Leave granted under this Policy shall not carry over and may not be used in subsequent calendar years.
    4. Accrual
      Employees shall be eligible for Paid Leave for Workers Act leave at the rate of one hour of paid leave for every 40 hours worked in a work week. If an employee’s regular workweek is less than 40 hours, employees paid leave will accrue as a percentage of 40 hours based on their regular work week. All hours worked by an employee shall be counted in calculating accrual under this section. However, time when an employee is on a paid or unpaid leave shall not be counted in determining an employee’s accrual of Paid Leave for Workers Act time.
    5. Use of Leave
      1. Foreseeable Leave Request. When the request for the use of leave this Policy is foreseeable by the employee, the employee shall provide at least seven (7) calendar days’ notice before the date on which the leave is to begin or provide the notice required under University policy or the applicable collective bargaining agreement, whichever is less.
      2. Unforeseeable Leave Request. When the request for the use of leave is unforeseeable, an employee shall provide notice as soon as practicable after the employee is aware of the necessity for the leave.
      3. Operational Needs. In accordance with Section 200.310 of the regulations, SIUC reserves the right to deny leave in order to meet its core operational needs during the requested leave period. All similarly situated employees at SIUC shall be treated the same for purposes of reviewing, approving, and denying any paid leave under this Policy. SIUC shall maintain a record of each request that is denied and the basis for the denial. SIUC shall consider the following factors in determining whether to deny a requested leave based on operational needs:
        1. Whether the work to be performed for SIUC addresses a need or service that is critical to the health, safety, or welfare of the campus community;
        2. Whether granting the requested leave would significantly impact the business operations based on SIUC’s size;
        3. Whether the employee has adequate opportunity to use all paid leave time they are entitled to under this Policy over a 12-month period.