Ill. Admin. Code tit. 80 § 250.70

Current through Register Vol. 48, No. 43, October 25, 2024

Section 250.70 - Nonstatus Appointments

a) Temporary Appointments

1) Temporary appointments are made to any positions the employer certifies to be emergent, temporary, or transitory. Temporary appointments shall be for not more than three months. With approval of the Executive Director, they may be renewed in accordance with need up to a maximum of six months less one day.

2) An employer shall fill a temporary position by calling candidates in the same manner as for status appointments, and in accordance with Section 250.60(d). Refusal to accept, or acceptance of, a temporary appointment by a candidate shall in no way affect the candidate's position on the register, regardless of number of refusals or acceptances.

3) A candidate may request that he/she not be called for temporary positions.

b) Provisional Appointments

1) In the absence of a register, an employer may make a provisional appointment, in accordance with Section 36n of the Act, providing the person so appointed possesses the qualifications for the position stated in the appropriate class specification. In order to establish eligibility for a status appointment, the provisional appointee must file application for, and pass, the examination for the appropriate class.

2) A provisional employee who has not qualified by examination may continue to be employed, providing no candidate is available for appointment from the appropriate register.

c) Apprentice Appointments

1) An apprentice is a nonstatus employee who is employed in an occupation defined as an "apprenticeable occupation" by the United States Department of Labor, Bureau of Apprenticeship and Training, in accordance with registered apprenticeship standards. These standards shall include, but are not necessarily limited to, criteria for screening and selection of apprentices, term of apprenticeship, requirements of related instruction, a schedule of work processes, a progressively increasing schedule of wages, periodic evaluations of the apprentice's progress, recognition for successful completion of the apprenticeship, and other requirements as established by the Joint Apprenticeship Committee governing the program in which the apprentice is enrolled and employed. The standards must meet basic requirements and be registered with the USDOL Bureau of Apprenticeship and Training.

AGENCY NOTE: An apprenticeable occupation is a trade or craft that is recognized as apprenticeable by the USDOL Bureau of Apprenticeship and Training, is customarily learned through work experience that requires 4,000 or more hours of work to learn, requires related instruction or study to supplement the work experience, is clearly identified and commonly recognized throughout the industry, involves the development of skill and knowledge sufficiently broad to be applicable in like occupations throughout an industry, and meets the standards of the area.

2) A program meeting the basic fundamentals for registration will be developed by a joint apprenticeship committee composed of employer, employee representatives, and a representative from the USDOL Bureau of Apprenticeship and Training. The program shall be submitted to, and approved by, the Executive Director. Following the Executive Director's approval, the program will be submitted for approval and registration to the USDOL Bureau of Apprenticeship and Training. However, no apprentice program will be developed for a job classification for which there is an existing registered area program.

3) Apprentices who are individually registered in the program registered with the USDOL Bureau of Apprenticeship and Training, may be employed without University Civil Service examination.

4) An apprentice who satisfactorily completes apprenticeship in accordance with the prescribed apprenticeship standards of the program in which registered will have attained the status of journeyman. The incumbent will not be subject to University Civil Service examination and no right to continuation in employment is earned by the satisfactory completion of the apprenticeship. If employment is continued at the journeyman level after satisfactory completion of an apprenticeship, seniority in the promotional line shall be counted from the date that the employee acquires journeyman status.

d) Intern Appointments

1) With the approval of the Executive Director, an employer may appoint an intern to any position, provided all of the following criteria have been met:

A) no qualified candidates are available from a reemployment register or promotional register for the class;

B) a predetermined and scheduled program of development, training or experience has been established and approved for the candidate;

C) a compensation program has been developed that provides for progressively increasing salary levels payable upon completion of defined phases of training. The intern's starting salary shall not be more than 95% of the minimum of the approved pay range for the class. The intern's salary, after increases have been awarded, shall not exceed 95% of the midrange of the approved pay range for the class; and

D) the employer can verify that one of the following factors exists:

i) the candidate lacks one or more of the minimum qualifications for the class;

ii) recruitment efforts have failed to attract qualified candidates;

iii) operating needs warrant ongoing training programs to supplement staffing recruitment efforts;

iv) there is a recognized need for specialized training programs in technical or professional fields.

2) If, in the opinion of the employer, the intern completes the prescribed training in accordance with the standards established by that intern program, he/she shall be certified to a position of the class for which he/she completed his/her intern program.

3) Following successful completion of an intern program and probationary period, seniority in the promotional line, or in the class, shall be counted from the date that the employee satisfactorily completes the intern program.

4) If a class has fewer than 10 positions, an employer may have one intern appointment in the class. If a class contains 10 or more positions, not more than 10% of the total positions in the class may be filled by intern appointments on any day of operation.

e) Student Appointments

1) Each employer shall determine which positions shall be designated as student positions, and when so designated, they shall be filled according to this Part and such other regulations as are established by the employer pursuant to this Part, subject to the approval of the Executive Director.

2) A student employee shall not displace a certified Civil Service employee.

3) A student, for purposes of this Part, shall be one who is registered for course work at an institution served by the University System for at least one-half of the normal workload of a regularly enrolled full-time student, as such workload is determined by the employer. Lacking such enrollment during a summer session, or summer quarter, an applicant may be considered a student for the purposes of this Part if he/she was enrolled as a student during the quarter or semester immediately preceding the summer session, or if he/she indicates an intention to be so registered during the quarter or semester immediately following the summer employment. In any case, the possession of a properly authenticated student identification card shall be deemed as providing satisfactory evidence of student status. The Executive Director may approve exceptions to this subsection (e)(3) when sufficient cause is evidenced; such as, but not limited to, graduating seniors, financial hardship cases, personal or physical problems, etc.

4) A uniform classification plan for student employees, which shall provide groups of positions sufficiently similar in duties, responsibilities and qualifications as to be given the same class title and to be of a similar level of job worth, shall be established by each employer, subject to the approval of the Executive Director.

5) Each employer shall establish a wage rate or range for each position grouping, taking into account job requirements, rates paid locally for similar work, including rates paid to Civil Service employees, consistency within the student aid program of the employer, and availability of funds. No student employee shall be paid below the minimum rate, or above the maximum rate, as established for the position grouping in which he/she is employed, unless approved by the Executive Director. No maximum rate for student employment shall exceed the maximum rate established for comparable Civil Service classes on the same campus.

6) The employer may give applicants for student employment a screening examination, without Civil Service status, if the examination is deemed necessary for the selection of employees.

7) No seniority as a Civil Service employee is earned through employment in a position designated as student.

8) A student employee is not eligible for paid vacation, paid holidays, or disability leave, as established by the Benefits Policy approved by the Merit Board and by the governing Boards of the institutions served by the University System.

9) A position designated as student may be terminated at any time at the discretion of the employer.

10) Each employer may make such regulations and policies governing student employment on its respective campuses as it deems desirable, subject to the Act and this Part governing the University System.

f) Extra Help Appointments

1) An Extra Help appointment may be made by an employer to any position for work the employer attests to be casual or emergent in nature and that meets the following conditions:

A) the amount of time for which the services are needed is not usually predictable;

B) payment for work performed is usually made on an hourly basis; and

C) the work cannot readily be assigned, either on a straight-time or on an overtime basis, to a status employee.

2) Qualification determination shall consist of a review of the employee's application and a verbal interview. Qualifications will be determined to be Acceptable or Not Acceptable. When skills are required for clerical/secretarial positions, an examination to demonstrate acceptable skills will be administered. The applicant will be required to pass the examination at a standard established by the employer. A listing of those applicants who have been determined to be Acceptable shall be maintained by the employer.

3) An employer shall fill an Extra Help position by referring persons to the employing unit from the Extra Help list of Acceptable candidates.

4) Acceptance or refusal to accept an Extra Help appointment by a candidate shall in no way affect the candidate's position on any Extra Help list, or on any other register maintained by the employer.

5) Classifications will be established in broad categories, such as administrative, professional, technical, clerical, trades, and service.

6) An Extra Help position may be utilized for a maximum of 900 hours of actual work in any consecutive 12 calendar months. The employer shall review the status of the position at least every three calendar months. If at any time it is found that the position has become an appointment that is other than Extra Help, the employer shall terminate the Extra Help appointment. If an Extra Help position has accrued 900 consecutive hours, the position shall not be reestablished until six months have elapsed from the date of the termination of the position.

7) Upon working 900 hours, an Extra Help employee cannot resume employment in any Extra Help appointment at a place of employment until 30 calendar days have elapsed.

8) The employer shall quarterly review its use of Extra Help appointments to ensure compliance with this Section.

9) Compensation of Extra Help employees shall be within the limits established for comparable service in status employment.

Ill. Admin. Code tit. 80, § 250.70

Amended at 36 Ill. Reg. 6014, effective April 6, 2012