Exciting enhancements are coming soon to eCode360! Learn more 🡪
McLean County, IL
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
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.
A. 
Entitlement and accrual rate. From the first day of employment, all regular full-time employees are on an accrual plan and shall accrue vacation leave with pay, according to the schedule in § 108-38.1. A corresponding hourly vacation accrual rate will be found on file in the Human Resources Department. Application for vacation leave shall be in accordance with departmental policy.
[Amended 1-11-2024]
B. 
Part-time employees. Part-time regular employees accrue vacation leave credit on the same continuous-years-of-service basis as full-time employees except that it is pro rated according to the number of hours actually worked.
[Amended 1-11-2024]
C. 
Taking unearned vacation. No employee will be allowed an advance leave or leave that has not been earned.
[Amended 1-11-2024]
D. 
Limits on accrual. No employee shall accumulate more than 1.5 times the annual accumulation rate (normal hours worked biweekly times 26 times the employee's hourly vacation accrual rate). Hours gained above this maximum will not be credited to the employee's vacation balance but will be forfeited. Only for the purpose of determining when forfeiture applies, the maximum annual accumulation for full-time employees shall be based on the eighty-hour biweekly work schedule. The only exception shall be in the instance of an employee who has already been granted scheduled vacation time off, adequate to avoid forfeiting any accruals, and the department head or a circumstance beyond the employee's control prevents the taking of the scheduled vacation. In such cases, it shall be the department head's responsibility to document the circumstances in writing to the County Administrator's Office and consult with the employee to reschedule the vacation. In the case of payment for vacation, such as those hours remaining upon one's retirement, the employee shall not receive more than 1.5 times the annual accumulation rate regardless of this provision or any other reason or provision. The County Administrator may suspend this policy regarding the maximum annual accrual of vacation by following the same process and procedures described in § 108-28 of this Code.
[Amended 3-26-2020; 9-15-2020]
E. 
Scheduling of vacation time. Since vacation leave is perceived to be a benefit for both the employee and the County, employees should be encouraged to use such leave. The department head will support this policy by preparing a schedule of appropriate times for taking of such leave and indicating, where known, the dates during which the department workload precludes employee scheduled absences.
[Amended 1-11-2024]
F. 
Payment upon termination. An employee who is terminated is entitled to full payment for any unused vacation accrual.
G. 
No accrual during unpaid leaves of absence. Vacation time shall not accrue during any approved unpaid leave of absence, except for military leave, or for any extended period when the employee is off the payroll because of a compensated injury.
H. 
May use when sick leave is exhausted. Absences on account of sickness, injury, or other disability in excess of that authorized for such shall be charged to vacation leave credit.
I. 
Maintenance of records. The Treasurer's Office shall maintain a record of vacation leave allowance, vacation leave taken, and unused balance for each employee.
J. 
Use of appropriate form for request. For the purpose of administration of the vacation leave policy, each department shall have its own policy of tracking each employee's use of vacation leave.
A. 
Entitlement. It is the policy of McLean County to provide protection for its full-time and part-time employees against loss of income because of illness. All eligible employees are encouraged to save as much sick leave as possible to meet serious illness situations. It is a self-insurance program provided by the County and earned by the employee. It is not intended for a one-day vacation nor can it be used to extend vacation periods or holidays.
B. 
Accrual rate. All regular full-time and part-time County employees accrue sick leave credit at an hourly rate found in the table in § 108-38.1. Sick leave may be accumulated to the maximum of 720 hours.
[Amended 2-17-2015; 1-11-2024]
C. 
Taking unearned sick leave not permitted. No employee will be permitted to take leave if it has not yet been earned. Sick leave shall be paid at full pay at the current rate of compensation.
[Amended 1-11-2024]
D. 
Purpose of such leave. Employees may utilize sick leave when they are too ill to report to work, in the event of injury, or for routine medical and dental appointments. Employees who are not covered by the TOPS system may also use sick leave to care for other persons within the employee's family. The term "family" shall be defined here as an employee's parents, children, spouse, siblings, domestic partner, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. Exceptions for those beyond this definition may be made at the discretion of the department head. All foreseeable leave for such purposes shall require a specific prior approval of the department head; in the event of sick leave usage for any purpose, the department head may require the certificate of a medical doctor giving information as to the circumstances involved.
[Amended 4-18-2017; 3-26-2020; 9-15-2020]
E. 
Notification of department head. Each department head will develop a procedure for notification by employees when unable to work, either to the department head or other supervisor. During authorized sick leave, an employee must notify the department head periodically so that the department head may plan on the return. This may be waived in the event of confinement or illness for a specific period of time as indicated in a physician's statement. The standard procedure for use of sick leave benefits is as follows:
(1) 
An employee on sick leave shall inform the department head or designated supervisor of the facts and the reason for the absence as soon as possible. Failure to do so within one hour of commencement of duty on the first day of illness may be cause for denial of the sick leave pay for the period of absence.
(2) 
Absence for part of a day that is chargeable to sick leave shall be charged proportionately in an amount not smaller than 0.25 of an hour.
(3) 
Any absence of three working days or longer may require a physician's statement of release and verification substantiating that the employee may return to work. In addition, the department head may request a physician's statement of verification of absence of shorter periods of time. An employee returning to work after an illness may be required to be examined by the County Physician.
[Amended 1-11-2024]
(a) 
Notice of any employee's desire to return to work after an illness of one week or more must be given to the department head no less than 24 hours in advance.
(4) 
Employees who are unable to return to work upon expiration of sick leave benefits and all other authorized benefit time, including FMLA, must request a leave of absence without pay. Failure to apply for a leave of absence for extended illness upon expiration of all such benefits will result in automatic termination. The procedure for application for leave of absence without pay is defined at § 108-39.
(5) 
Immediately upon commencement or termination of FMLA/IMRF disability leave, the department head shall send a payroll change form to the County Administrator's Office, including any additional paperwork such as employer certificate of disability, physician's note, and FMLA forms.[1]
[1]
Editor's Note: Former Subsection E(6) and (7), regarding physicians' statements of release and verification, and notice of one's desire to return to work following prolonged illness, respectively, which immediately followed, were repealed 1-11-2024. See now Subsection E(3), above.
F. 
Department head authority to send home. Department heads or any authorized authority may direct an employee who appears ill to leave work. In such instances, this time off shall be charged to sick leave.
G. 
Excluded from overtime base. Sick pay for hours not worked will be excluded when computing overtime for the workweek in which it was taken.
H. 
Rate of pay for sick time. An employee shall be paid sick leave equivalent to the normally scheduled straight-time day.
I. 
Maintenance of records. The Treasurer's Office shall maintain a record of sick leave accrual, sick leave taken, and the balance of sick leave allowance available for the individual employees.
J. 
Results of improper use or reporting. An employee fraudulently obtaining sick leave or an appointed department head falsely certifying sick leave allowance for absence from work may be suspended or dismissed.
K. 
Effect of worker's compensation payments. Employees who are injured on the job and have lost time from the job because of their injury may not receive sick leave payments once worker's compensation insurance payments begin.
L. 
Balance not paid upon termination. Upon termination from County service, accumulated but unused sick leave benefits will not be paid.
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).
A. 
Right to serve. Upon notice to the department head, full-time or part-time employees shall be permitted authorized absence from duty for appearances in court because of jury service and obedience to subpoena or by direction of proper authority.
B. 
Jury duty paid as work hours. Said absence from duty will be with full pay for each day the employee serves on jury duty or testifies as a witness, including necessary travel time. Upon performing such service, the employee will sign a waiver of the allowable per-diem as such performance of duty is considered time worked. Travel time, however, will be paid. The employee will report to work when not required to be in court during regular work hours.
C. 
Carryover prohibited. Attendance in court in connection with an employee's official usual duty or in connection with a case in which the County of McLean is a party, together with travel time necessarily involved, shall not be considered absence from duty within the meaning of this policy.
D. 
Absence without pay when court appearance is not work-related. Said absence from duty will be without pay when an employee appears in private litigation to which the County of McLean is not a party.
E. 
Verification of jury duty. Employees may be required to provide written verification of their jury service, including dates of service and the date and time of their release from service.
[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.[1] An employee is eligible for FBLA leave after at least 1,250 hours of service with their employer during the prior twelve-month period.
[1]
Editor's Note: See 820 ILCS 154/1 et seq.
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,[1] all hours worked, including overtime hours, count toward personal time accrual purposes, up to a maximum of five days.
[1]
Editor's Note: See 29 U.S.C. § 201 et seq.
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
A. 
Disability leave for work-connected injury or occupational disease. Any employee of McLean County who suffers injury or occupational disease as a result of a work-connected accident or condition shall, upon proper investigation and authentication, be granted leave and shall be entitled to compensation as provided by the Illinois State Worker's Compensation laws (820 ILCS 305 et seq.).
(1) 
Temporary total disability (TTD). If the periods of TTD for work lasts more than three working days, weekly compensation shall be paid beginning of the fourth day of such TTD and continues as long as the TTD lasts. In cases where the TTD for work continues for a period of 14 days or more from the day of the accident, compensation shall commence on the day after the accident.
(a) 
For a period of TTD from work lasting three days or less, the employee may use sick leave or, if no sick leave is available, any benefit time which is available.
(b) 
McLean County will continue to pay benefit insurance premiums for the employee for the period of short-term disability up to a maximum of two months beyond the month in which the TTD commenced.
(c) 
The employee shall contact the office of the McLean County Treasurer to arrange dependent insurance coverage payments.
(2) 
Total permanent disability (TPD). Total permanent disability is complete disability which renders the employee permanently unable to do any kind of work for which there is a reasonably expected employment market.
(a) 
Upon a determination by the worker's compensation agent that TPD for work exists, the employee will be removed from the payroll.
(b) 
The employee shall contact the McLean County Administration Office for assistance and direction regarding conversion, if available, of any current benefit programs.
[Amended 1-11-2024]
(3) 
Law enforcement officers. Law enforcement officers employed by the County who suffer any injury in the line of duty which causes the employee to be unable to perform his or her duties shall continue to be paid by the County on the same basis as before the injury, without deduction from sick leave credits, compensatory time or general leave for as long as the injury lasts, but no longer than one year. An injured officer, under this policy, may not be employed in any other manner, with or without pay (5 ILCS 345.01 et seq.).
B. 
Extended leaves of absence.
(1) 
At the employee's option, vacation leave and compensatory time off accumulated may be used for personal obligations requiring leaves of absence for longer duration than the leave provided in § 108-38.
[Amended 1-11-2024]
(2) 
The employee must request leave without pay from the department head in writing for leave in excess of available or accumulated paid time off before said leave is taken.
(3) 
Leave under this section, or extension thereof, must be approved by the department head, the County Administrator and the appropriate committee of the County Board.
(4) 
As soon as the leave is granted (or when it is extended), the department head should forward a payroll change form to the County Administrator noting that the employee is on leave.
(5) 
An employee on an extended leave of absence without pay does not accrue vacation leave or sick leave credit for the period of the unpaid leave of absence. Such employee may continue medical insurance coverage and life insurance coverage, but only where the employee pays the total cost of such participation while on unpaid leave of absence. Such employees continue IMRF participation according to the rules and regulations established by the IMRF.
C. 
Family and medical leave. McLean County will provide all eligible employees and officials with up to 12 weeks of family and/or medical leave during any twelve-month period, whether paid or unpaid, as required by the federal Family and Medical Leave Act of 1993. However, all employees shall exhaust all paid leave available prior to going on unpaid leave.
(1) 
Employees eligible. To be eligible for family and medical leave, an employee must:
(a) 
Qualify for IMRF coverage (1,000 hours per year standard).
(b) 
Successfully complete the initial evaluation period with the County.
(c) 
Complete one year of employment with the County.
(2) 
Usage. The following situations are allowable under the family and medical leave policy:
(a) 
Care of an employee's child, including birth or placement for adoption or foster care.
(b) 
Care of a child, spouse, or parent with a serious health condition.
(c) 
A serious health condition which makes the employee unable to perform the employee's job.
(d) 
A qualifying exigency arising out of the fact that an employee's spouse, son or daughter, or parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
(e) 
Because an employee is the spouse, son or daughter, parent or next of kin (as defined under FMLA) of a covered service member with a serious injury or illness.
(3) 
Length of leave.
(a) 
An employee may take 12 workweeks of unpaid leave per each twelve-month period of employment, inclusive of any paid leave for the same purpose. In the case of a birth or adoption, the leave option expires one year after the event. This leave is based on a rolling twelve-month period for the individual employee, not on a calendar basis.
(b) 
An employee may take up to 12 weeks of leave for certain qualifying exigencies arising out of a covered military member's active duty status, or notification of an impending call or order to active duty status, in support of a contingency operation.
(c) 
An employee may take up to 26 weeks of leave in a single twelve-month period to care for a covered service member recovering from a serious injury or illness incurred in the line of duty on active duty. Eligible employees are entitled to a combined total of up to 26 weeks of all types of FMLA leave during the single twelve-month period.
(4) 
Intermittent leave up to 12 weeks per twelve-month period may be taken if medically necessary. However, a request for intermittent leave requires consent by McLean County. This shall be approved by the department head only if the department head determines that such action would have no detrimental effect on the operations of the department. All other such requests shall be denied.
(5) 
Health coverage. During the term of leave, McLean County will continue to pay its share of an employee's health coverage. If the employee fails to return to work, unless such failure is due to continuation of a medical condition or circumstances beyond the employee's control, the employee must repay McLean County the full cost of health coverage paid during the leave period.
[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.