State Universities Civil Service System
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8.2 Changing an Exempt Position to a Civil Service Position

Manual: Exemption Procedures

Subsection: Other Related Actions

Periodic job description review and update procedures may indicate that a position originally identified as civil service exempt may have incorrectly been classified or may have changed to the point whereby a department now must convert this position, and any employee currently in this position, to an identified and appropriate Civil Service classification.  The following procedure will assist each employer in converting positions, and any employee currently occupying these positions, from an exempt position to a Civil Service position.

When it has been determined and established that the job responsibilities and duties of a position do not meet the criteria for a 36(e) exemption, the employer may or may be required to change the position from an exempt position to an appropriate Civil Service appointment in a recognized classification, in accordance with the following process.

  1. Establishment of Appropriate Civil Service Position

    1. The employer will determine the appropriate Civil Service classification based on the defined duties and responsibilities associated with the position.
    2. The employer will then establish a pay rate or range for the classification, if one has not already been established. (Note: The classification of positions remains subject to audit review by the University System office.)
    3. The position will then be officially changed to reflect the appropriate Civil Service classification and all relevant employment protocols will be followed when filling any future vacancy in this position.
  2. Transition of an exempt incumbent into a Civil Service Position

    1. After converting the exempt  position to a Civil Service position, any incumbent in the former exempt position will be officially moved to the designated Civil Service classification assigned to the converted position.  At the time of this action, the employer is required to cite this procedure on  the Notice of Employment.
    2. If the incumbent does not meet the minimum acceptable qualifications of the Civil Service classification assigned to the converted position, a Qualification Waiver Form must be requested and must be approved by the Executive Director.  See Example 4.11a of the Employment and Separation Procedures Manual for the appropriate form.  The incumbent will not be required to complete a Civil Service examination for the designated classification provided they meet the minimum acceptable qualifications  or have obtained the approved waiver form.
    3. The incumbent will be required to complete a probationary period associated with the designated Civil Service classification/position.  Time served in the previous exempt position will count towards the completion of the probationary period.  Some specific examples follow:

      Example 1:  An employee was hired  in an exempt position and has served 4 months in the position.  It is determined that the position should be a Civil Service classification of Human Resource Associate which has a 12-month probationary period.  Upon changing the position from exempt status to Civil Service, the employee would be required to complete the ‘remaining’ 8 months of the 12-month probationary period.

      Example 2:  An employee was hired as in an exempt position and has served 14 months in the position.  It is determined that the position should be a Civil Service classification of Human Resource Associate which has a 12-month probationary period.  Upon converting the position from exempt status to Civil Service, the employee would not be required to complete any additional probationary period.

    4. Seniority is accrued from the date that it can reasonably be determined that the position description met the criteria (duties/responsibilities) of a Civil Service classification.  This date can be determined based upon a historical evaluation of the job description for the position.  In cases where there has been no significant change in the job description, seniority is accrued from the date of employment into the exempt position.
    5. Upon change to the Civil Service position, the employee will also begin accruing other benefits at a rate based on their length of service with the State of Illinois.

(Reference section 36e of the Act (110 ILCS 70/36e)
Issued 6/1/2009