Ill. Admin. Code tit. 26, § 212.246 - Demotion
a) Definition:
1) Demotion is the assignment of an employee
to a position in a classification having a lower maximum permissible salary
than the former classification, made for reasons of inability of the employee
to perform the work of the position from which the demotion was made or due to
the restructuring of duties and responsibilities within the organizational
unit.
2) A Director may initiate
demotion of an employee by submitting to the Executive Director and the
Director of Administrative Services a written statement of reasons for demotion
containing sufficient facts to show good cause for the demotion. No demotion
shall become effective until prior approval of the Executive Director and
written notice is served upon the employee.
b) Notice to Employee: If the statement of
reasons for demotion of a certified employee is approved by the Executive
Director, a copy of the approved statement of reasons for demotion shall be
served on the employee in person or by certified mail, return receipt
requested, at the employee's last address appearing in the personnel
file.
c) Employee Obligations: Upon
receipt of the approved statement of reasons for demotion or upon the effective
date of demotion, whichever is later, the employee shall leave the position in
which assigned prior to receipt of the notice of demotion and report to work to
the position to which demoted. An employee's report for work to the position to
which demoted shall be without waiving any right to appeal under subsection
(e).
d) Salary and Other Benefits
of Employee: Upon receipt by the employee of the approved statement of reasons
for demotion, or on the effective date of the demotion, whichever is later, all
salaries and benefits of the employee in the position in which assigned prior
to receipt of the reasons shall be adjusted to reflect the demotion. An
employee assigned to a demotion due to a restructuring of duties and
responsibilities within the organizational unit as defined in subsection
(a)(1), upon receipt of the approved statement of demotion, or on the effective
date of the demotion, whichever is later, shall continue at the same rate of
pay of the position in which assigned prior to the receipt of notice of
demotion for a period of six months. After six months in the demoted position,
the employee's salary shall be adjusted to the appropriate rate of the
demotion.
e) Appeal by Certified
Employee: An employee who is certified in the position from which demoted may
appeal the demotion to the Grievance Review Committee by submitting a request
in writing to the Director within 15 calendar days after receipt of the
approved statement of reasons for demotion. No later than 10 working days prior
to the hearing, the employee shall submit a written statement setting forth his
or her position to the Grievance Review Committee, unless the time is extended
in writing by the Chair of the Grievance Review Committee.
f) Demotion of Other Employees: The Executive
Director may approve the demotion of probationary employees. Notice of demotion
shall be served on the employee in person or by certified mail, return receipt
requested, at the employee's last address appearing in the personnel file. The
demotion of probationary employees is not subject to appeal.
g) Status of Demoted Employees: A demoted
employee shall serve a probationary period in the position to which demoted
unless the employee previously held certified status in that classification, in
which case the demotion shall be to certified status in the demoted
classification.
Notes
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