(105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
Sec. 24-5. Physical fitness and professional growth. (a) In this Section, "employee" means any employee of a school district, a student teacher, an employee of a contractor that provides services to students or in schools, or any other individual subject to the requirements of Section 10-21.9 or 34-18.5 of this Code. (b) This subsection (b) does not apply to substitute teacher employees. School boards shall require of new employees evidence of physical
fitness to perform duties assigned and freedom from communicable disease. Such evidence shall consist of a physical
examination
by a physician licensed in Illinois or any other state to practice medicine
and surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant not more than 90 days preceding time of
presentation to the board, and the cost of such examination shall rest with the
employee. A new or existing employee may be subject to additional health examinations, including screening for tuberculosis, as required by rules adopted by the Department of Public Health or by order of a local public health official. The board may from time to time require an examination of any
employee by a physician licensed in Illinois to practice medicine and
surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant and shall pay the expenses thereof from school
funds. (b-5) School boards may require of new substitute teacher employees evidence of physical fitness to perform duties assigned and shall require of new substitute teacher employees evidence of freedom from communicable disease. Evidence may consist of a physical examination by a physician licensed in Illinois or any other state to practice medicine and surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant not more than 90 days preceding time of
presentation to the board, and the cost of such examination shall rest with the substitute teacher employee. A new or existing substitute teacher employee may be subject to additional health examinations, including screening for tuberculosis, as required by rules adopted by the Department of Public Health or by order of a local public health official. The board may from time to time require an examination of any substitute teacher employee by a physician licensed in Illinois to practice medicine and surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant and shall pay the expenses thereof from school
funds. (c) School boards may require teachers in their employ to furnish from
time to time evidence of continued professional growth.
(Source: P.A. 100-513, eff. 1-1-18; 100-855, eff. 8-14-18; 101-81, eff. 7-12-19.)
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(105 ILCS 5/24-6)
Sec. 24-6. Sick leave. The school boards of all school districts, including special charter
districts, but not including school districts in municipalities of 500,000
or more, shall grant their full-time teachers, and also shall grant
such of their other employees as are eligible to participate in the
Illinois Municipal Retirement Fund under the "600-Hour Standard"
established, or under such other eligibility participation standard as may
from time to time be established, by rules and regulations now or hereafter
promulgated by the Board of that Fund under Section 7-198 of the Illinois
Pension Code, as now or hereafter amended, sick leave
provisions not less in amount than 10 days at full pay in each school year.
If any such teacher or employee does not use the full amount of annual leave
thus allowed, the unused amount shall be allowed to accumulate to a minimum
available leave of 180 days at full pay, including the leave of the current
year. Sick leave shall be interpreted to mean personal illness, mental or behavioral health complications, quarantine
at home, or serious illness or death in the immediate family or household.
The school board may require a certificate from a physician licensed in Illinois to practice medicine and surgery in all its branches, a mental health professional licensed in Illinois providing ongoing care or treatment to the teacher or employee, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice registered nurse, a licensed physician assistant, or, if the treatment
is by prayer or spiritual means, a spiritual adviser or
practitioner of the teacher's or employee's faith as a basis for pay during leave after
an absence of 3 days for personal illness or as the school board may deem necessary in
other cases. If the school board does require a
certificate
as a basis for pay during leave of
less than 3 days for personal illness, the school board shall pay, from school funds, the
expenses incurred by the teachers or other employees in obtaining the certificate.
Sick leave shall also be interpreted to mean birth, adoption, placement for adoption, and the acceptance of a child in need of foster care. Teachers and other employees to which this Section applies are entitled to use up to 30 days of paid sick leave because of the birth of a child that is not dependent on the need to recover from childbirth. Paid sick leave because of the birth of a child may be used absent medical certification for up to 30 working school days, which days may be used at any time within the 12-month period following the birth of the child. The use of up to 30 working school days of paid sick leave because of the birth of a child may not be diminished as a result of any intervening period of nonworking days or school not being in session, such as for summer, winter, or spring break or holidays, that may occur during the use of the paid sick leave. For paid sick leave for adoption, placement for adoption, or the acceptance of a child in need of foster care, the school board may require that the teacher or other employee to which this Section applies provide evidence that the formal adoption process or the formal foster care process is underway, and such sick leave is limited to 30 days unless a longer leave has been negotiated with the exclusive bargaining representative. Paid sick leave for adoption, placement for adoption, or the acceptance of a child in need of foster care need not be used consecutively once the formal adoption process or the formal foster care process is underway, and such sick leave may be used for reasons related to the formal adoption process or the formal foster care process prior to taking custody of the child or accepting the child in need of foster care, in addition to using such sick leave upon taking custody of the child or accepting the child in need of foster care. If, by reason of any change in the boundaries of school districts, or by
reason of the creation of a new school district, the employment of a
teacher is transferred to a new or different board, the accumulated sick
leave of such teacher is not thereby lost, but is transferred to such new
or different district.
Any sick leave used by a teacher or employee during the 2021-2022 school year shall be returned to a teacher or employee who receives all doses required to be fully vaccinated against COVID-19, as defined in Section 10-20.83 of this Code, if: (1) the sick leave was taken because the teacher or |
| employee was restricted from being on school district property because the teacher or employee:
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(A) had a confirmed positive COVID-19 diagnosis
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| via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;
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(B) had a probable COVID-19 diagnosis via an
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(C) was in close contact with a person who had a
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| confirmed case of COVID-19 and was required to be excluded from school; or
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(D) was required by the school or school district
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| policy to be excluded from school district property due to COVID-19 symptoms; or
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(2) the sick leave was taken to care for a child of
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| the teacher or employee who was unable to attend elementary or secondary school because the child:
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(A) had a confirmed positive COVID-19 diagnosis
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| via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;
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(B) had a probable COVID-19 diagnosis via an
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(C) was in close contact with a person who had a
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| confirmed case of COVID-19 and was required to be excluded from school; or
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(D) was required by the school or school district
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| policy to be excluded from school district property due to COVID-19 symptoms.
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For purposes of return of sick leave used in the 2021-2022 school year pursuant this Section, an "employee" is a teacher or employee employed by the school district on or after April 5, 2022 (the effective date of Public Act 102-697).
Leave shall be returned to a teacher or employee pursuant to this Section provided that the teacher or employee has received all required doses to meet the definition of "fully vaccinated against COVID-19" under Section 10-20.83 of this Code no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697).
No school may rescind any sick leave returned to a teacher or employee on the basis of a revision to the definition of "fully vaccinated against COVID-19" by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or the Department of Public Health, provided that the teacher or employee received all doses required to be fully vaccinated against COVID-19, as defined in Section 10-20.83 of this Code, at the time the sick leave was returned to the teacher or employee.
For purposes of this Section, "immediate family" shall include parents,
spouse, brothers, sisters, children, grandparents, grandchildren,
parents-in-law, brothers-in-law, sisters-in-law, and legal guardians.
(Source: P.A. 102-275, eff. 8-6-21; 102-697, eff. 4-5-22; 102-866, eff. 5-13-22; 103-154, eff. 6-30-23.)
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(105 ILCS 5/24-6.1) (from Ch. 122, par. 24-6.1)
Sec. 24-6.1.
Sabbatical leave.
Every school board may grant a sabbatical leave of absence to a teacher,
principal or superintendent performing contractual continued service, for a
period of at least 4 school months but not in excess of one school term,
for resident study, research, travel or other purposes designed to improve
the school system. The grant of a sabbatical leave by a school board shall
constitute a finding that the leave is deemed to benefit the school system
by improving the quality and level of experience of the teaching force.
This leave may be granted after completion of at least 6 years of
satisfactory service as a full time teacher, principal or superintendent
and may again be granted after completion of a subsequent period of 6 years
of such service. However, 2 sabbatical leaves, each consisting of at least
4 months but totaling no more than the equivalent of one school year, may
be granted within a 6 year period. A leave granted for a period of one
school year or less
shall bar a further sabbatical leave until completion of 6 years additional
satisfactory service, except that 2 leaves which total no more than the
equivalent of one school year shall bar a further sabbatical leave only
until the completion of 6 years additional satisfactory service following
the completion of the first such leave. The leave shall be conditional
upon a plan for
resident study, research, travel or other activities proposed by the
applicant and deemed by the board to benefit the school system, which plan
shall be approved by the board and not thereafter modified without the
approval of the board.
Before a leave is granted pursuant to this Section, the applicant shall
agree in writing that if at the expiration of such leave he does not return
to and perform contractual continued service in the district for at least
one school year after his return, all sums of money received from the board
during his sabbatical leave will be refunded to the board unless such
return and performance is prevented by illness or incapacity.
During absence pursuant to such leave, such teacher, principal or
superintendent shall receive the same basic salary as if in actual service,
except that there may be deducted therefrom an amount equivalent to the
amount payable for substitute service. However, such salary after deduction
for substitute service shall in no case be less than the minimum provided
by Section 24-8 of this Act or 1/2 of the basic salary, whichever is
greater. The person on leave shall not engage in any activity for which
salary or compensation is paid unless the activity is directly related to
the purpose for which the leave is granted and is approved by the board. A
sabbatical leave may be granted to enable the applicant, if otherwise
eligible, to accept scholarships for study or research. Unless justified by
illness or incapacity, failure of any person granted a leave under this
Section to devote the entire period to the purposes for which the leave was
granted shall constitute a cause for removal from teaching service.
Upon expiration of a leave granted pursuant to this Section, and upon
presentation of evidence satisfactory to the board showing compliance with
the conditions of the leave, the teacher, principal or superintendent shall
be returned to a position equivalent to that formerly occupied. The
contractual continued service status of the person on sabbatical leave
shall not be affected.
Absence during a leave granted pursuant to this Section shall not be
construed as a discontinuance of service for any purpose, including
progression on the salary schedule if one is in effect in the district. The
board shall pay the contribution to the Teachers' Retirement System
required of the person on leave computed on the annual full-time salary
rate under which the member last received earnings immediately prior to the
leave or a proportionate part of such rate for a partial year of sabbatical
leave credit.
This Section in no way limits the power of the board to grant leaves for
other purposes.
(Source: P.A. 83-186.)
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