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5:270 EDUCATIONAL SUPPORT PERSONNEL - Employment At-Will, Compensation, and Assignment

Employment At Will 
Unless otherwise specifically provided, District employment is at‑will, meaning that employment may be terminated by the District or employee at any time for any reason or no reason at all. The Superintendent or supervisor may recommend an employee’s discharge subject to Board of Education approval.  Nothing in Board of Education policy is intended or should be construed as altering the employment at‑will relationship.

Exceptions to employment at-will may include employees who are employed annually, have an employment contract, or are otherwise granted a legitimate interest in continued employment.  The Superintendent is authorized to make exceptions to employing non-licensed employees at-will but shall maintain a record of positions or employees who are not at-will.

Reduction in Force
Please refer to the current “Agreement for Negotiations between the Board of Education, Plainfield Community Consolidated School District 202, Will and Kendall Counties, and the Plainfield Association of Support Staff.”

For Employees Not Covered By This Agreement
A dismissal for reduction in force requires 30 days notice before the employee is removed or dismissed. For the purposes of reduction in force, educational support personnel are granted seniority and recall rights within their respective categories of position, so far as they are qualified to hold such positions.

Support Staff Recruiting
The Superintendent or the Superintendent’s designee shall plan and direct a recruitment program to secure the best candidates available for all support staff personnel positions.  Notices of vacancies shall be posted in accordance with the negotiated agreement.

Compensation and Assignment
An employee covered by the overtime provisions in the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., works overtime whenever the employee works more than 40 hours during a single workweek. Overtime will not be allowed without prior authorization from the employee’s immediate supervisor. Educational support personnel are paid every 2 weeks.  The Superintendent is authorized to make assignments and transfers of educational support personnel.

Support Staff Contracts
Support staff personnel are employed and compensated by the Board of Education in accordance with the negotiated agreement between the Board of Education and the Plainfield Association of Support Staff.  Those persons not in the bargaining unit are employed and compensated by the Board of Education after consideration of recommendations by the Superintendent

Support Staff Probation - New Employees
All support staff must serve a period of time on probationary status when first employed.  The length of the probationary status will be established through the process of negotiations with the Association of Plainfield Teachers and the Plainfield Association of Support Staff.

LEGAL REF.:  105 ILCS 5/10-22.34 and 5/10-23.5.
Griggsville-Perry Community Unit School Dist. No. 5 v. Illinois Educ. Labor Relations Rd., 963 N.E.2d 332 (Ill.App.4, 2013).
Cook v. Eldorado Community Unit School District, No. 03-MR-32 (Ill.App.5, 2004)
Duldulao v. St. Mary of Nazareth Hospital, 483 N.E. 2d 956 (1st Dist. Ill. 1985), aff’d in part and remanded, 505 N.E.2d 314 (Ill. 1987).
Kaiser v. Dixon, 468 N.E. 2d 822 (Ill. App.2, 1984).

CROSS REF.:  5:10 (Equal Employment Opportunity), 5:12 (Minority Recruitment and Hiring), 5:35 (Compliance with the Fair Labor Standards Act), 5:290 (Employment Termination and Suspensions), 5:310 (Compensatory Time-Off)

ADOPTED:  November 22, 2004

REVISED:   January 24, 2011
                    September 28, 2015